Legal Question in Family Law in Florida

I reside in Florida. I have been divorced for 3 years, and have a 12 daughter. Last year my ex husband decided he did not want anything to do with her and told me to come get her(this was the week of spring break and he was to have her). He said he was tired of her treating him like S***! She was 11 at the time. NOW more than a year later he sent me a txt stating that I needed to make sure his grandmother was on the pick up list because she is coming to gt my daughter from school Friday! Did not ask if that would be ok, just demanded. When I talked with my daughter she got really upset and called him back right away and told him SHE did not want to see HIM. He told her to bad, your 12 and you have have NO choice in the matter. Said he would come with cops to pick her up and she WOULD go. I heard this converstaion because he was so loud. I have since called our county sheriff dept and deputies came out and talked with my daughter and myself and informed her she did not have to go. I have filed for custody modification in the mean time and I know he is a threat to her if she goes. He is emotionally/verbally abusive and proved that on the phone converstion. I am not letting her go and I will be at the school to get her on Friday. So, after all that my question/concern is, will a judge see that as a negative or possibly a positive trying to protect my daughter? He will I am sure file to hold me in contempt of court which is fine, if I can keep her safe, then so be it. Like I said, I already applied so it is a matter of time at this point. Thank you for your time.


Asked on 5/02/12, 9:50 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

You are handling the matter correctly. Have your daughter testify.

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Answered on 5/02/12, 11:38 am
Lucreita Becude Lucreita D. Becude, P.A.

You are doing the correct thing. Let the school know that there may be a problem. People who are NOT on the list can be arrested for trespassing on school property and probably even a worse charge depending on their actions.

If your original papers stated that he was to get the child and not the grandmother, then the grandmother has no rights to pick her up either. Florida does not have grandparent rights unless the court so orders which is rare.

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Answered on 5/02/12, 11:48 am


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