Legal Question in Family Law in Florida

In October of 2009 my ex was granted permission to relocate to Colorado with my daughter primarily because she "could not find work in Pinellas County". Before leaving, my ex tested positive for methamphedamines and marijuana according to a Child Protection Investigation summary conducted by the Pinellas County Sheriff's Office. I requested an injuction to prevent removal of my child from the state until the investigation could be completed which was denied. I also submitted a motion for rehearing based on the fact that the judge told me during the final hearing that evidence of substance abuse was not to be taken into consideration for a petition for relocation and Florida Statute 61.13001 p. 7 (J)(K) states otherwise. The motion was denied. Now we are in July and I discovered a few days ago that my ex had an arraignment today (in Florida) for writing a worthless check. She was not at the arraingment because she had not been served the notice in Colorado. Today I gave the court her current address. They are going to attempt to serve her at the address I gave them and have set another arraingment for 8/9/10. The judge stated if she did not show up, he would issue a warrant for her arrest.

My question at this point is in the event there is a warrant issued for her arrest would that qualify as a substantial change in circumstance to modify custody or would she have to be convicted of a crime?

With nearly $600/mo coming out of my check for child support I can barely make ends meet for myself let alone retain an attorney so I'm basically on my own. I have begged and borrowed because I know I need representation to get my child out away from the substance abuse issues, but the bottom line is I can't shell out the money up front for a retainer, but if I were to get my child back I would be able to pay $300/mo to pay off an attorney. I'm truly stuck, but I want my child out of this situation.


Asked on 7/12/10, 11:47 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

I suggest you contact DCF and have them get involved in this situation. Then contact the legal aid office in your area and have them get involved. Both departments should be able to help you gain custody of your daughter. AFterall, you stated the DCF has evidence of their report.

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Answered on 7/14/10, 11:46 am


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