Legal Question in Family Law in Florida

There is no legal separation in florida. In 2007, my husband had taken my child away from me, literally left the state and cut off communication with me and my son. I was awarded custody then. He is trying to do the same thing now. We are still married. Do I have to file for divorce in order to petition the court for a preemptive emergency custody injunction so he doesn't do it again or do we have to be divorced? Nobody in the court system seems to know what that is. I don't have an attorney, but the one I used to work for said its possible to do.


Asked on 7/08/11, 4:45 am

2 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Without being divorced, you may file for child support or other action relating to custody, care of children, etc. Clerks of courts prohibit their employees from giving legal advice. You are advised to seek assistance from a legal aid group, pro bono lawyer, family aid group, family law attorney, or research the legal issues and proceed on your own for the benefit of your children.

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Answered on 7/08/11, 5:52 am
Lucreita Becude Lucreita D. Becude, P.A.

Since your former boss was an attorney and seems to be helping advise you, why not ask him to handle this for you.

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Answered on 7/08/11, 6:01 am


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