Legal Question in Family Law in Florida
My question is about harassment in a child custody case. My brother is going through a custody battle with his ex and she has a new boyfriend/husband (not sure if they are married but they say they are). Her boyfriend will not allow her to have any contact with my brother so he calls he and my father constantly and harasses them and threatens them telling them that we will never get to see the baby again, he orders my brother around. They have already been to a hearing with a general magistrate who told them to "maintain status quo". For the past six months they have been meeting every Sunday at 11 am at a certain exit because the mother lives 200 miles away. The boyfriend is trying to change the "status quo" and saying if my brother doesn't drive all the way to them with his proof of paternity results then he doesn't get his son. (He got a paternity test done and they called and confirmed but he doesn't have the actual papers yet.) My brother has an attorney and he asked him if he could file a no contact/no call order against this guy but the attorney told him that it would only make my brother look bad to a judge, is this true? I am only asking because I am worried for my brother. He drives a semi and he can't be having this guy calling him 10 times a day threatening him about not being able to see his own son. This guy is going to cause him to get into an accident or something. Also, the boyfriend has a recent arrest for striking a child but the charge was dropped, does this mean anything for my brothers case? They also have mediation on Monday and the mother is saying she will not be there, isn't that contempt? Why would filing a no contact/no call order against this guy look bad on my brothers part like the attorney said?
2 Answers from Attorneys
The court has jurisdiction over the ex so if she cannot control the boyfriend then she will lose custody. File a motion for contempt against the ex for failing to do anything. Contact my office for free consultation 727-446-7659.
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