Legal Question in Family Law in Florida

I am asking this question on behalf of my wife. She shares joint custody with her kids father and paternal grandmother with the grandmother having "residential" custody. The grandmother lives in NY with the children and my wife and I live in Florida (where the children were born and have the most family, from both sides). The custody order from NY states that my wife shall have 1 week for visitation in February and 1 week during the summer as well as phone contact AT LEAST 3 times per week. The grandmother has blocked all of our phone numbers and won't let the children call their mother. I also want to add that their father is currently serving a 2 to 6 year sentence in NY. The grandmother has said numerous times that she wants to just sign over custody to her daughter who lives in FL, which I know she can't just do that. The court order not only states that my wife shae have visitation 1 week out of the summer but also if the children are brought within 100 miles of our residence, arrangments should be made for my wife to have visitation.

The children have been here in Florida for over 3 weeks now and at first my wife was told she could have her 1 week starting on the 15th (today). Last night I had text the aunt about this and she now is trying to claim that my wife's visitation is "null and void" as far as she is concerned.

Could any of this be considered parental alienation or custodial interference and grounds for a change in custody? We want to go to the court house in the morning and file for emergency custody and/or enforcement of visitation.

I should also add that the children's other aunt with whom they reside with also in NY is the one who flew to FL with them and is staying in the same house here as well. She also will be going to prison soon on conspiracy to commit murder charges and the paternal grandmother told me a few weeks ago that this woman said that she would kill my wife if she could get away with it.

I apologize for rambling and I am sure I may have left out a few things but I am looking for some advice on where to start and what we should do.

Any advice would be greatly appreciated and I thank you in advance for the help!


Asked on 7/15/12, 7:44 pm

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

You certainly have grounds for several things going on here. One is the threat of violence - there should be a restraining order on this person. Secondly, you definitely need an emergency pick up order for the children as they may be in danger. Depending on what your document stated it sounds to me that if the father is available then the father is to stay with the children at the grandmother's house - does not sound that the grandmother has custody rights. You need to petition the court for a change of custody since the father is incarcerated. Since the order has not been domesticated here in Florida, I suspect you will have to do this in NY.

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Answered on 7/16/12, 5:44 am


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