More details to this question:
My child’s father is holding my daughter hostage as I am the primary parent and she is a resident in the area I reside. I’ve tried to be the bigger person in multiple situations. But due to his personal vendetta against me. He filed for court to have full custody in west palm beach fl. which I reside in ft myers florida. I have made calls and texts from various people who have been around to know that I am the parent my daughter has always resided with. We are not married. Never have been. He won’t even disclose my daughter’s whereabouts when asked. But he knows where I live and also his mother and they pull up to my place of residence without any knowledge when wanted. I just want my daughter. In the meantime til the case is over. I have a variety of documentation proving that he is the dangerous parent. Admitting to driving drunk (meanwhile my daughter was in the car) threatening to shoot up my house (while my daughter was with me) I want her back until this case is resolved
1 ANSWER
Dear Ms. Monroe:
Sorry you are in this situation. You do not specify whether there has been a prior court case or not, or whether paternity has ever been established, so this answer assumes paternity has never been previously established.
The father has a right to file in the county where you live or he lives. However, you can file to change the "venue" of the case to your county on the grounds that it is inconvenient to have the case in Palm Beach. This may be particulary true if the child (until the father took her) always resided with you in the Ft. Myers area.
If, as you state, there is a case filed, you should immediately file a motion in the court to have your child returned to you, especially if the father never established paternity, stating, as you have in your inquiry, that the child always lived with you and that the father will not tell you of the child's whereabouts.
Custody (what we now call "timesharing") in Florida is a complicated issue, and very fact specific. The court starts with the premise that each parent should have 50 percent of the time with a child, and the party who objects to this must prove why the other parent should not have this timesharing arrangement. (drunk driving, better for the child to live in Ft. Myers, he would likely not honor a timesharing schedule, etc.) and whatever else may be relevant.
It may help you if you seek, at a minimum, a consultation with a knowledgeabel family law attorney. These cases are difficult and more difficult to navagate alone.
Best of luck,
Cindy S. Vova
Family Law Office of Cindy S. Vova
Broward/Miami-Dade: 954-316-3496
Boca Raton/Palm Beach: 561-962-2785
Answered on Feb 07th, 2024 at 8:40 AM