Legal Question in Family Law in Florida

Spouse signed legal guardianship to his sister

Still legally married - separated since 1993. Our 2 children live with him - no custody agreement or child support. He won't let my son(14) live with me or my family yet sent him to Texas to live with his sister and gave her legal guardianship papers. I want my children and a divorce but am very low-income. What can I do?


Asked on 8/27/01, 4:26 pm

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Spouse signed legal guardianship to his sister

In Florida, the party who can best afford to pay attorney fees is often ordered to fees and costs of the other party. In other words, just because you may not have much money, as long as your spouse has a decent income, the court will likely order your spouse to pay your attorney fees and costs. With this scenario, an attorney will likely accept the case on a significantly reduced retainer.

If both of you have very limited incomes, I suggest contacting you local bar association. Many local bar association have a "Modest Means Panel" of attorneys who would take this type of case on a very reduced fee.

Another option is filing the divorce on your own is by utilizing the Florida Supreme Court's self-help website (http://www.flcourts.org/).

You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association.��� They probably have a web site and charge a nominal fee for the referral.� Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck.-Elliot Goldstein (I also have an office in Tampa 727/804-3609 or 813/758-1862)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 9/16/01, 6:01 pm


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