Legal Question in Family Law in Florida
I'm scared that my daughters mom is not doing whats right with my daughter at home such as not taking her to doctor appointments when needed. I have her with me now and I have a custody case that I've started. Can I keep my child til court is finished.
4 Answers from Attorneys
No. You must abide by any current orders. If you need immediate action you must seek an interim modification or emergency relief.
If you do that you for sure will lose your case. Try to maintain status quo until things are sorted out.
No you cannot. If you need immediate relief you should file for emergency relief.
Unlike what the other lawyers have said, you could keep your daughter, especially if you believe what the mother is doing is abusive to your daughter. But if you're wrong, it could severely hurt your case for timeshare. The better procedure would be to file a motion for emergency temporary primary timeshare (preferably with a lawyer's help), and ask that you become the primary parent while the case is pending. But make sure you are correct and can prove what you say with witnesses. If all that you have is the fact that your daughter isn't being taken to the doctor, the judge will most likely leave your daughter in the mother's primary timeshare for now, but issue a strong warning that, if your daughter isn't taken to the doctor properly, the timeshare will change.