More details to this question:
My ex and I have a 6 year old daughter. We were never married. There is no court order in place for shared custody as we previously agreed to share equal time with our daughter with no court involvement. I have faithfully supported my daughter financially as well. Last year, Seminole County Florida DCF removed my daughter from her home due to abuse and neglect.This was largely in part due to an individual that she entered into a relationship with There was physical abuse (not sexual) by this individual to my daughter, as well as physical abuse between my ex and this individual to each other. . The state placed my daughter with me. Over time, my ex displayed that she had made mistakes and was ready to atone for them. We resumed our agreement to raise our daughter equally as before on the grounds that she would do the right things and place our daughter over her personal needs. I had just recently found out that she has re entered into a relationship with this same individual and notified the state about this. They did nothing. Upon receiving this information, and confronting her with it, she has cut me off of all contact with my daughter. I have filed for custody in Seminole County, FL and she has been served a summons to appear in court. She has 20 days to respond. I anticipate that she will take up to the 19th day to respond and request a continuance as well just to drag this out. I also have prior knowledge that she is planning to leave the state with my daughter, without informing me and relocate sometime over the course of the summer. With this case pending, can she legally do this? What can I do legally to prevent this and gain access to my daughter immediately while the case is pending? I believe she has no legal grounds to do this. I have no criminal record and I am employed. What can I do?
1 ANSWER
You need to immediately file a Verified Motion for Temporary Injunction to Prevent Removal of Minor Child (form below). Make sure to include as much detail as possible, including the previous DCF issues and how you found out that she is planning to remove the child from the state.
http://www.flcourts.org/core/fileparse.php/533/urlt/941a.pdf
After you file the Motion, drop off the motion and the order (http://www.flcourts.org/core/fileparse.php/533/urlt/941b.pdf) with the judge's judicial assistant and ask him/her to call you when/if the judge signs the order. Thereafter, you need to serve the motion and the order on the Mother (sherriff's office can help with this).
It also sounds like the child might be at risk of being abused again by the Mother's boyfriend. So, I suggest you file a motion to establish paternity and suspend timesharing with the mother. There is no form motion. You need to pretty much ask the court to establish paternity and temporary place the child with you based on the above specified facts.
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Jun 02nd, 2015 at 6:40 AM