QUESTION

What can I do about getting Emergency Custody of my Son and Daughter?

Asked on Jul 31st, 2014 on Family Law - Florida
More details to this question:
I am active Duty military remarried living in WA state. My children live in Florida. They live in a 2 bedroom apartment. The living conditions are unacceptable in my opinion. Their mother is not a bad mom. The children sleep in one bed with their mom while the other room is where grandma, grandpa and aunt sleep. The food conditions are poor. I pay child support, not court ordered and there is no court agreement on custody. My children are 6 yr boy and 2 yr girl. my son has missed 14 days of school last year due to unknown reasons and failed kindergarden. my daughter had perianal strep for 6 months before coming to spend the summer here with me and the other half of their family. We treated her here. My children leave for home on AUG 6th. If any other information is required please let me know.
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1 ANSWER

Administrative Law Attorney serving Orlando, FL at The Glicken Law Firm
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Mr. Oppenheimer:    It would be important to know if your divorce from your children's Mother was finalized in Florida? Also, how long have the children lived in Florida? The Florida Court would have jurisdiction over your children if they have resided in Florida for more than six months. If such is the case, based upon the information you have provided, you would need to bring the legal action in the State of Florida, since they would be deemed residents of Florida (if they have resided here for more than six months).    There may be the ability to seek Court relief in Washington, but you would need to consult with an attorney in your home State. Additional information would be helpful, but based upon what has been provided, you would need to allege the children are in immediate physical danger and it is not in their best interests to return to their Mother residing in Florida  (if you are intending to be proactive before the date of their return). There is additional information required and the answer is much more complicated than the general recommendation included herein. I would recommend you telephone an attorney licensed in Florida and provide more detailed information so that you can receive a more detailed recommendation. David Scott Glicken, Esquire The Glicken Law Firm Orlando, Florida
Answered on Jul 31st, 2014 at 12:48 PM

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