Legal Question in Family Law in Florida

There was a Temporary Needs and Faculty hearing with my wife and her attorney present that I was not notified of until 3 days after hearing which resulted in a Emergency Pick Up Order of the kids. Is this a violation of my due process right's?


Asked on 9/07/09, 3:14 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

No, unless you weren't given a hearing date at which you can be heard on who should have temporary custody. The hearing should happen in the next three weeks or so. The order should having a hearing date on it, but if it doesn't, contact the judge's office or the clerk. Get a lawyer to appear at the hearing with you. The idea behind not telling you about the first hearing is that your wife told the judge that you would run away with the kids if you knew someone was coming to get them. That may be a lie, but you can explain that at your next hearing, usually called a "return hearing." Don't go to that hearing without a lawyer, or you can probably (literally) kiss your kids goodbuy.

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Answered on 9/07/09, 9:42 am


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