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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36457
Experience:  25 years of experience helping people like you.
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the father of my 3 year old is sueing me the mother for custody.

Customer Question

the father of my 3 year old is sueing me the mother for custody. i left the state of florida to protect my children and dcf was involved the father is an abuser if i didnt leave my children would of been taking away how would i fight this to protect my children.
Submitted: 3 years ago.
Category: Family Law
Expert:  FiveStarLaw replied 3 years ago.
Hello,

So sorry to hear of your difficult situation.

I am a lawyer with 25 years experience. While I am not your lawyer and do not represent you, I will endeavor to provide you with legal information through this open and nonconfidential forum.

At the time you left, was there a court order in effect regarding custody
Customer: replied 3 years ago.
no,there wasnt i left dec.2011 and i was summon on march 26,2011
Expert:  FiveStarLaw replied 3 years ago.
thank you --
Are you currently married to the father?
What is the title of the pleading you received?
Customer: replied 3 years ago.
no ,im not. establish a parenting plan/time sharing schedule childsupport and relating relief hes a drunk, and mental abuse physical abuse
Expert:  FiveStarLaw replied 3 years ago.
okay one moment please
Customer: replied 3 years ago.

I have 20 calendar days to file a written response to the attached petition i receive the summon on march 26,2011 and i dont know how to write it and how to plende my case

i know what hes about. dcf was in the picture when i left and they had the knowledge that i was leaving him they knew i was protecting my children from him.

Expert:  FiveStarLaw replied 3 years ago.
I am still working on your answer -- please be patient I want to help you
Customer: replied 3 years ago.
I have many witnesses that will go to court with me witness diffent things that he dont belong of having kids.
Expert:  FiveStarLaw replied 3 years ago.
You may want to contact the person that you worked with the DCF and enlist that persons assistance.

If that is not possible you will need to respond yourself. There is no template for what you need to file. That said you may file a pleading along these lines:

ANSWER TO PETITION AND COUNTERPETITION

I, , Respondent, being sworn, certify that the following information is true:

ANSWER TO PETITION

1. I agree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, admit those allegations: ___________________________________________________________

2. I disagree with Petitioner as to the allegations raised in the following numbered paragraphs in the Petition and, therefore, deny those allegations:________________________________________________________________________


3. I currently am unable to admit or deny the following paragraphs due to lack of information: _________________________________________


COUNTERPETITION


1. The minor children currently reside with Mother

2. Parental Responsibility. It is in the child(ren)’s best interests that parental responsibility be awarded solely to Mother. Shared parental responsibility would be detrimental to the child(ren) because: _______________________________

3. I am a victim of domestic violence and request that Petitioner not have contact with me or my children. Below is a brief description of the latest act of violence or threat of violence that causes me to honestly fear imminent domestic violence by Petitioner.


sign and have notarized
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36457
Experience: 25 years of experience helping people like you.
FiveStarLaw and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
is there any other advice that you can give me for the information that i gave you so i know what to do next.
Expert:  FiveStarLaw replied 3 years ago.

Remember that I am not your attorney and I cannot give you advice -- just some legal information. You will really need to retain legal counsel in Florida. The outline I crafted will prevent a default and buy you some time to retain counsel. Good luck

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