Legal Question in Family Law in Florida
Modification of a temp. order w/o legal representation
My ex and I had a joint cust. order here in Polk Co. of our 2 kids. He then moved to AL & remarried. Our oldest started kindergarden last yr. w/him in AL which I thought was ok then I was informed by members of his family about situations in his home:his wife tried to commit suicide & he is now working out of town so she is the primary caregiver, mental & physical abuse towards the wife in front of the kids, druguse, neglect of the children, our daughter being sent home from school on 6 different occasions for headlice, bad behavior reports & poor attendance. When the children came to me in Dec. for Christmas Break I kept them. I knew it was wrong, but I felt like they were in imminent danger. I hired a lawyer and so did he. On 1/9/07 we had an emerg. hearing(15 min.)& the judge ordered me to return the kids&gave him temp. cust. w/me having reasonable & liberal visitaion he refused me visitation until summer so I have them now. My lawyer has since withdrawn b/c I could no longer hold up my financial obligation to him. I want to get back to court immediately, but how do I do this w/o a lawyer? How long is his temp. order valid? Do I have to return them knowing the situation there? What do I do? Please help. Thank you
1 Answer from Attorneys
Re: Modification of a temp. order w/o legal representation
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
A temporary order is valid until a further hearing and the judge either changes the original temporary order or enters a final judgment. It will be very hard for you to go back to court without an attorney and fight with your husband on changing the custody. Frankly, it seems that you violated the court's order if you kept the children all summer if this was not agreed upon with your former husband. If so, that places you in a bad light in the eyes of the court. If you do not return the children now, you will certainly damage any potential for a favorable decision from the court in the future. You have to understand that you are not the judge and do not have the power to overrule the court's decisions no matter how distasteful the decision may be to you. If you do not think your husband is the proper parent for the children to reside with you must proof your beliefs to the court with competent evidence and testimony from experts.
Scott R. Jay, Esq.
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