Legal Question in Family Law in Florida

I'm trying to regain custody of y oldest son, i retained an attorney in 07 who has absolutely done nothing other than put me in debt and push a bunch of papers around. My ex-husband was granted primary residence of the minor child in our original divorce decree in 2004. In 2007 he was arrested and cahrged with felony cocaine charges I was never notifed I had my attorney file for modification of visitation the judge agreed to hear the case again because i was able to show burden of proof I have yet to recieve a court date and that was in 07. In 08 my ex- was involved in a major car crash resulting in both legs being broke my child was ,left with me for over 4mths and once again my attorney didn't do his job. I was forced to hand over my child to his father. He now is currently abusing oxycontin and was arrested again on Nov.24 for the same felony cocaine charges he recieved in 07 he out on bond for trying have a stolen prescription of oxy's filled. I filed for an TRO w/ temp custody soley on the advice of DCF and it was denied not only that the judge mase me seem as if I was trying to go against the original order so returned my child to his father who currently awainting arraingnment. What do I do and How do I do it?


Asked on 12/10/09, 8:50 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

go get another lawyer.

Read more
Answered on 12/15/09, 9:48 am
Thomas Rosenblum Rosenblum Law Offices

Hello: I just read your question...and I saw the one response...He's probably right. It is impossible to give you a simple answer without reviewing the Court file and speaking with you. It would seem as though you should be able to get the child to spend the majority of the time with you. As you have probably been told, legally, you need to prove there has been a substantial change in circumstances or there has been detriment to the child at the child's present residency.

If my office can be of any assistance, please give us a call. Tom Rosenblum

Read more
Answered on 12/15/09, 2:17 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida