QUESTION
My wife and two children live in the same home one of them is Autistic and she's 6 years old the other one is a 5 year old male and he is not autistic
Asked on Oct 21st, 2017 on Child Custody - Florida
More details to this question:
My wife is an alcoholic and drug addict she is found in crack houses she's been contacted by the police several times she abandons the children in the home for up to a month at a time she has failed DCF drug test she has been Baker acted and Marchman act several times DCF recommended that I go down and file emergency temporary custody even though we're both living in the in the home at the same time there is no divorce pending or anything like that I go down to the courthouse they say there's no such thing as temporary custody unless I have a case pending already for divorce or something else so I was hoping you could tell me how do I file a motion for temporary custody without going through all the other stuff first
1 ANSWER
As it appears that the safety and well being of your children is at issue, you can file a Petition for Protection against Domestic Violence On Behalf of your children (OBO) if she has had incidents where she is under the influence of drugs/narcotics while she is with the children. The intake clerk can help you with that in your county's domestic violence division. You should be aware that if the children come into harms way while with your wife and you have not taken steps to prevent this, there is the possibility that the case ends up in dependency court...and that is where the court takes the children away from both of you if you do nothing to protecct them
Although this should help now, under the circumstances you described, perhaps you should consider a divorce.
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
Answered on Oct 22nd, 2017 at 8:08 PM