Legal Question in Family Law in Florida
I had physical custody of my 17 yo daughter, I (live in Florida)sent her to her mother's(lives in Kentucky) sister house in Virginia for the summer as part of the visitation agreement. Now when she did not return on her pre arranged flight in August I called the state and local police in Virginia. Within 10 hours I received a call from the sister. Her husband is a police officer in the local police force. I was threatened with prosecution if I showed up in Virginia. I was told that the mother and sister had convinced my daughter to make a false molestation charge if I came there to take her back to Florida, and that with her husband being the local sheriff, I would spend some quality years in the Virginia penial system. The day my daughter is18,graduated, and joined the Air Force she called me and apologized, it was the first time I had talked to her in almost a year. My question is there any legal recourse and against who- ex wife/ sister? Yesterday I got a Judge in the state of Kentucky to state and document that my ex wife never had custody of my daughter (she had taken me to court for child support for my daughter for the past year.) I have been divorced for 11 years and it has been a very expensive drama with the ex. This last week cost $500 for the lawyer and $600 for the travel.
2 Answers from Attorneys
The facts as described in your inquiry suggest that your legal complaint involves not family law but possible complaints or legal action against the husband of your ex-wife's sister. Such action as described by you is unethical, unprofessional, and illegal, especially when committed by a law enforcement officer. Your ex-wife and her sister apparently supported the officer's misconduct and use of his law enforcement position for personal benefit and therefore should be part of the complaint. Any legal action will ultimately require evidence to support the complaint, which based on your inquiry, involves only hearsay, unless your daughter is willing to testify that her mother, aunt, and husband did convince her to support a threatened action against you. It is a difficult legal case to pursue.
If you have a report filed in the state as to your molestation of your daughter - it will be a huge hearsay case. You may have to pay child support depending on where the action was filed. Your daughter is now 18 and emancipated. You would have to show that you had custody for the time period up to age 17. from 17 until she graduated from high school - so I would think from August to the following May - you would have to prove that she lived with you which you can not - so you would owe for that period of time.
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