Legal Question in Family Law in Florida

Joint custody. Can parent leave country on "emergency" with no specified return date without asking in advance if I can care for our child in his absence?

1. What constitutes an emergency that would allow a parent to leave the country prior to even informing the other parent and not even stating a return date? Isn't it his responsibility to find alternate care?

2. Do I have a legal right to ask for written documentation of what exactly the emergency was?

3. Can I be awarded reimbursement for all the expenses I incurred as a result of this or ask for a flat daily amount for being caregiver during his custodial time?

4. If entitled and need to take this to court (Pro Se), what motions would I need to file? Abandonment? Contempt of court? Request for reimbursement? If so, is it going to be a long shot without an attorney or do I have a good enough case?

5. He has her on Mon - Thurs every week (which was HIS proposed and ordered request) . I have not heard from him since he left on the 8th of this month. I had to cancel two business trips which has put my job in jeopardy and had surgery which was scheduled during his days as I needed at least 3 days recuperation time. I had to care for her during that time too.

Additional information: even though it is 50-50 time share, I was imputed at minimum wage to pay him child support and he owned a restaurant. Do I seriously have to pay that support in his absence?

Thank you for any advise you can provide.


Asked on 4/23/13, 6:39 pm

1 Answer from Attorneys
John Smitten Carey and Leisure

The ex should not be so evasive, perhaps there is something going on that the ex does not want to disclose. Yes for the sake of the children you are entitled to know what is happening with the ex. Contact my office for free consultation. 727-446-7659

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Answered on 4/24/13, 4:16 am


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