I need Legal Help ASAP! Fighting for Emergency Custody of my Son!!!

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BillnChristi

New Member
For those of you who have read my previous posts know the story. For those of you who don't you can read "I am tired of my EX and her crap!!" or something like that to see.

Now can anyone point me in the direction of legal help to file for emergency custody for my son. I sent my ex paperwork to sign giving up full custody of my son to me...and of course she refused to sign. It turns out she is buying a new house (and still NOT working) and is relying on the $1200 a month I send her to pay for it. And she actually admitted this to my son. Now that was a shock. Anyways, I have tried contacting Florida and can't get through. I am looking for any help that anyone can give me. Just pointing me in the right direction would be great. I have tried looking on all of the Florida Websites to find the forms and none seem to exist that are accessible. If anyone also knows a Lawyer with reasonable fees that would be willing to help with an out of state case, it would be greatly appreciated. Just getting some help with what forms to file and so on would be awesome.

My son has now expressed how much he wants to stay here. He is totally upset that his mother actually admitted to him that it was more about the loss of income from child support that what is considered best for him. He is hurt and wants to stay more than ever.

I hope there is someone out there that has gone through this and knows what I need to do. I am hoping for a miracle considering there is only 2 months left until school starts (actually a little less).

But any help would be great.
 
flomaster

flomaster

J.F. A sus ordenes!
Got emergency custody of my daughter 7 or so years ago but there was a hazard to my daughters well being so the courts gave her to me in a heart beat. If your child isn't in any trouble and you want your son because the ex is soaking you and taking advantage of you (of course I am sure you love him too) then you have a hard case ahead of you. Have you spoken to any lawyers. very hard to remove a child from the custodial parent unless there are circumstances that show that some type of harm may come to the child.

Sorry I couldn't be more helpful.
 
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BillnChristi

New Member
flomaster said:
Got emergency custody of my daughter 7 or so years ago but there was a hazard to my daughters well being so the courts gave her to me in a heart beat. If your child isn't in any trouble and you want your son because the ex is soaking you and taking advantage of you (of course I am sure you love him too) then you have a hard case ahead of you. Have you spoken to any lawyers. very hard to remove a child from the custodial parent unless there are circumstances that show that some type of harm may come to the child.

Sorry I couldn't be more helpful.
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According to Florida Law and other states. My son has the right to decide which parent he wants to live with. This law goes into effect when they reach the age of 12. I am not trying to prove she is unfit. But he wants to live with me and it is his right. He is currently staying with me over the summer. He doesn't want to go back. Normally, I would say that yes it would be difficult. But since he is of legal age to decide himself, I am just trying to find out what needs to be done and how to do it.
 
Cowgirl

Cowgirl

Well-Known Member
Vince said:
Unless you can prove that your ex is an unfit parent, it will be difficult.
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But isn't his son old enough to make the decision about where he wants to live? Wouldn't the courts listen to that?
 
Vince

Vince

......
Cowgirl said:
But isn't his son old enough to make the decision about where he wants to live? Wouldn't the courts listen to that?
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Don't really know as I didn't have that problem. My ex left and both the kids stayed with me. :shrug:
 
jenbengen

jenbengen

Watch it
BillnChristi said:
For those of you who have read my previous posts know the story. For those of you who don't you can read "I am tired of my EX and her crap!!" or something like that to see.

Now can anyone point me in the direction of legal help to file for emergency custody for my son. I sent my ex paperwork to sign giving up full custody of my son to me...and of course she refused to sign. It turns out she is buying a new house (and still NOT working) and is relying on the $1200 a month I send her to pay for it. And she actually admitted this to my son. Now that was a shock. Anyways, I have tried contacting Florida and can't get through. I am looking for any help that anyone can give me. Just pointing me in the right direction would be great. I have tried looking on all of the Florida Websites to find the forms and none seem to exist that are accessible. If anyone also knows a Lawyer with reasonable fees that would be willing to help with an out of state case, it would be greatly appreciated. Just getting some help with what forms to file and so on would be awesome.

My son has now expressed how much he wants to stay here. He is totally upset that his mother actually admitted to him that it was more about the loss of income from child support that what is considered best for him. He is hurt and wants to stay more than ever.

I hope there is someone out there that has gone through this and knows what I need to do. I am hoping for a miracle considering there is only 2 months left until school starts (actually a little less).

But any help would be great.
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I think you'd have better luck contacting a FL lawyer directly since they are way more familiar with the law there. If you go through a MD lawyer, I would think he would have to do more research and stuff which may cost more. Unfortunately, I don't know of any lawyers in particular. What area of Fl is this?

If the mother is not willing to give over rights, you have an uphill climb. Unless your son directly tells the judge that his mother is physically or emotionally hurting him, it will be very tough. And I certainly wouldn't play those cards unless it is absolutely true.
 
Bigpops92

Bigpops92

Active Member
just my two cents.....my 16 year old daughter goes into "judges chambers" next month to explain to the judge that she wants to live with me. No long investigation or tons of money.

After 15 years of battle, I have finally found a state (Ohio) that does not play around. For once the ex-monster cannot run up my legal bills just fot the hell of it.

See if a lawyer in Florida can arrange this.
 
nobody really

nobody really

I need a nap
BillnChristi said:
According to Florida Law and other states. My son has the right to decide which parent he wants to live with. This law goes into effect when they reach the age of 12. I am not trying to prove she is unfit. But he wants to live with me and it is his right. He is currently staying with me over the summer. He doesn't want to go back. Normally, I would say that yes it would be difficult. But since he is of legal age to decide himself, I am just trying to find out what needs to be done and how to do it.
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That may be easier for you just to take her to court - i went through something similiar years ago, and no court is going to force a child to live with the parent they no longer want to live with - if he was a toddler, it would be a different story, but at 12, he can make up his own mind - they will take him behind closed doors and make sure he isn't be coerced. I say go for it.
 
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BillnChristi

New Member
beachcat said:
That may be easier for you just to take her to court - i went through something similiar years ago, and no court is going to force a child to live with the parent they no longer want to live with - if he was a toddler, it would be a different story, but at 12, he can make up his own mind - they will take him behind closed doors and make sure he isn't be coerced. I say go for it.
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Thankyou all for you input...I have read every post and I appreciate all of the advice. I have finally found the website and talked to the clerk of the court in FL and got the necessary files I need to download. I am also putting in for an emergency hearing since school is starting soon and the Judge may grant it under the circumstances. I have a good chance for temporary custody also considering the circumstances. Thanks for everyone's help and I will keep everyone posted.

Thanks Again!!!
 
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danceintherain

New Member
Best of Luck to you. Getting an attorney in Florida would be the best way to go. If you can not get an emergency court date prior to school starting, you will have to return the children to Florida and keep fighting. A friend of mine resides in Maryland with her two children. Her ex lives in Florida and has not paid child support in 24 months. Florida will not arrest him or suspend his drivers license. Florida will not extradite him to MD either. My friend has exhausted her resources here in Maryland. Maryland Child Support Enforcement cant do anything to help her since the father lives in Florida. Florida's child enforcement told her that if she and her children move to Florida they would be able to help her.
 
Qurious

Qurious

Im On 1.
Cowgirl said:
But isn't his son old enough to make the decision about where he wants to live? Wouldn't the courts listen to that?
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Of course they would. They aren't going to make a child live somewhere where they dont want to...especially since he's damn near a teen!

But be prepared that if you get your son u wont get any financial support from her if she's not working unless she's married....her new husbands income can be counted as hers and he'll end up paying you for your son!
 
Cowgirl

Cowgirl

Well-Known Member
Qurious said:
Of course they would. They aren't going to make a child live somewhere where they dont want to...especially since he's damn near a teen!

But be prepared that if you get your son u wont get any financial support from her if she's not working unless she's married....her new husbands income can be counted as hers and he'll end up paying you for your son!
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:rolleyes: They don't count the spouse's income when dealing with child support.
 
sanchezf

sanchezf

Little ol' Me
Qurious said:
Of course they would. They aren't going to make a child live somewhere where they dont want to...especially since he's damn near a teen!

But be prepared that if you get your son u wont get any financial support from her if she's not working unless she's married....her new husbands income can be counted as hers and he'll end up paying you for your son!
Click to expand...

If you get married in MD to someone who pays child support, do they count the new spouses income as well?
 
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