Legal Question in Family Law in Florida

I lived in NC with my babys father for the last year, just trying to work things out. Still kept my Fl DL and considered Florida the place of residence for my son and myself. A restraining order was issued on 8/10, due to the fact that he assualted me with a knife, while holding my son in my arms. He violated the restraining order twice, by going to my home, which he was evicted from. I was afraid for my life and the life of my son and I fled to Florida, to my mothers. I am trying to file custody papers here in my homestate, which is also where my son was born. I have no money and am desperate to protect us from him. Can I file these papers myself or is there a program which could assist us financially in accomplishing this?


Asked on 8/21/09, 8:32 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

You are allowed to file the papers yourself. To qualify for filing a custody case in Florida, your child must have lived in Florida for the last six months. You may also qualify for legal aid in your county, but that's up to them. You'd have to call to find out.

You can find the forms at flcourts.org. I'd help you more, but I'm not sure what type of lawsuit you need to file, based on what you've said. Actually, you may not need to file anything at all, but you'll need to speak to a lawyer in person or on the phone to know for sure.

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Answered on 8/21/09, 11:01 am


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