Legal Question in Family Law in Florida

Primary custody when wife has left state prior to final order

Father wanted custody of four(4) minor children. Wife (former cult member 14 years) left state w/another man (also former cult member) on x-mas day to other end of US where she has no relatives, friends, etc.after filing petition for dissolution. Wife has six (6) abuse,neglect reports in 3 states, lives in bad city,town, all children have indicated did not want to live with mother- (Andrea Yates waiting to happen) hated it where they are - her parents testified against her, saying she was unfit, NO witness for wife. After waiting for 2 years for final hearing, only allowed 4 hours - both attorneys pro bono-no formal discovery done on either side. -Judge awarded custody to mother, ordered 95% of father's paycheck for support - numerous other problems w/order - need appellate attorney ASAP. FL DFC did not remove children from mother thinking Judge would, Judge did not remove from mother because FL DFC did not remove - there are 4 minor children at extreme risk - mother drinks, takes drugs, (Andrea Yates waiting to happen) does not watch children, ect. - Please Help US - there is a lot more to his story -


Asked on 5/30/02, 2:27 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Primary custody when wife has left state prior to final order

You don't indicate your relationship to the parties. The father is advised to consult with a local family law attorney in that county to ask for another hearing or appeal the matter, or to consult ASAP with DCFS attorneys to decide legal options. If the situation is as presented by you, it is difficult to understand the actions of the agency or the judge, but it can be corrected in the interests of the children which should be the focus of the effort. It is not clear why there was no discovery on either side or why the father did not present some case or provide witnesses on which the judge could have made a proper decision. Without discovery, evidence, or witnesses, a judge often has little option but to leave the children with the mother. My experience suggests that instead of the father and you blaming the mother, judge, and DCFS, you should participate in the legal process to insure the best treatment of the children.

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Answered on 5/30/02, 10:51 pm


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