Legal Question in Family Law in Florida

I am from Kentucky and although I wanted a divorce from my abusive husband, to keep my family together while our child was young I followed him to Ca when he took a job there. Because things got worse I filed for divorce there, and because I could not afford to stay I later moved to Florida where I have family.
In the meantime my ex moved to Indiana (with no prior notice even though I had opened a case in CA to assist in support) and is very bitter and angry. My attempts to co-parent and discuss our son have been in vain over five years. After many attempts to share research and info about our son, I went ahead and decided to homeschool becuase I found it to be in our son's best interest. (He's self-led and we have a lifestyle of learning. He loves to read and was top of his class but very bored and father blocked him from the school advancing him a grade. Sadly I see his passion dimming and his love for learning and creativity dying.) My ex has filed a memo to domesticate our case in FL and I noticed that he changed his position to "Petitioner". Why would this not remain the same as in CA with he being the Respondent? And if I can show that he is uncooperative at every turn, that I have always made every effort to communicate with him about our child and that public school is not in his best interest, do you think I can win? Unfortunately he has been positioning himself to take our child from me and i certainly dont want that.

Asked on 9/01/14, 3:57 pm

4 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

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It doesn't really make a difference who is listed as the Petitioner.

In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, while you will still have to pay the retainer, do not assume that you will not be able to afford to retain an attorney. Reimbursement can be sought.

If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.

The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

Call me to discuss the specifics of your case. I will give you a realistic idea as to the likely cost (fees and expenses). Then if you want, we can schedule a no-obligation office consultation.

Evening, and weekend appointments are available at the Palm Harbor office.

Please do not send text messages.

Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1014 Ohio Ave., Ste. B

Palm Harbor, FL 34683

Tele. No.: 727/455-6596

Law Offices of Elliot Jay Goldstein, P.A.

550 N. Reo St. Ste. 300

Tampa, FL 33609

Tele. No.: 813/810-1500

Answered on 9/01/14, 4:07 pm

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David Slater David P. Slater, Esq.

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Retain counsel to review the matter. You need help.

Answered on 9/01/14, 7:27 pm

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Robert McCall Law Office of Robert McCall

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1. The Petitioner is whoever asks the Florida Court to intervene.

2. It's not clear what you mean by "win"; in divorce there is no winner/loser.

3. If you do not have an attorney you need one ASAP. You will not be able to "unring the bell" once the Judge makes a decision. You may contact your county Legal Aid office for assistance.

Answered on 9/02/14, 6:01 am

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