Legal Question in Family Law in Florida
My son was removed from his Mother in a Dependency Proceeding. As the Non-Offending Parent, I was awarded custody by the Dependency Court. I obtained a Family Lawyer and he drafted a Joint Stipulation to Modify the Shared Parenting Agreement giving me custody. The Mother signed and notarized the Joint Stipulation. We then submitted the Joint Stipulation to the Family Court Judge and it was reduced to an Order.
My Family Court Lawyer then sent the Order to my Dependency Lawyer and informed him that he should file for a dismissal in the Dependency Court as to my son and I using the intervening order from the Family Court.
My Dependency Lawyer said he talked with the Mothers Attorney and she now objects to the dismissal; therefore, he will not file it because he feels the Judge will not grant it.
The Family Lawyer says he is wrong and making an error. The Dependency lawyer says he does not have the time to educate the Family Lawyer on Dependency Law. Who is right?
1 Answer from Attorneys
YOu have two situations going on. If the Dependency Court awarded you custody of the child there should be no need for a further order asking to modify a dependency Order. Who asked you to prepare a Parenting Plan? From what I can see, I have to agree with the Dependency Lawyer as once the Dependency Judge gave you custody - they left no room for further planning.
If she wanted visitation etc. then she would have to file a new case in the Family Law Division and proceed from there. I find it unlikely that she would succeed since her parental rights were probably also terminated when they gave you custody.
would really need to see the pleadings and talk with you as to what took place. But based on what you have stated, this is the best answer I can give.
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