Legal Question in Family Law in Florida

my soon to be x wife has temp custody of our four year old and they live with my x's parents.my x father in law just commited suicide on the back porch when my daughter was there.i filed for emergency temp custody and judge set a hearing my x and my daughters gal wants me to cancell hearing but there are issues that need resolved what shoud i do? there are other issues my x is mentally abusing my 4 year old by putting things in her head that have been founded not true but keeps doing it and coaching her


Asked on 11/09/12, 5:59 am

2 Answers from Attorneys

John Smitten Carey and Leisure

This is a serious situation and you need to get custody asap to protect the child. Do not cancel the hearing. Contact my office for free consultation.

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Answered on 11/09/12, 6:08 am
Lucreita Becude Lucreita D. Becude, P.A.

I hope you have an attorney for this hearing. There are no do overs and you really need to have an attorney when dealing with children. If you do not, I suggest you request to have a psychiatric evaluation of your daughter. Also ask the court to give you temporary custody until this matter can be resolved. Prepare a parenting plan to be submitted at the time if the wife will not agree. Also see if the child's physician agrees with you in that the child should be placed with you due to some issues to be resolved and have that physician there to testify with you. Affidavits are not acceptable unless the person appears for the hearing. YOu have a lot of homework to do - you will need child care people to be witnesses with you and anyone who has witnessed this child being abused. If I can be of assistance, please contact my office for an appointment.

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Answered on 11/09/12, 8:03 am


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