Family Law Questions? Ask a Family Lawyer Online.
Hello and thanks for choosing Just Answer®. I am a licensed Florida family attorney, and I will be glad to try and assist you.
To provide you with accurate information, could you please clarify these points so I can best address your inquiry:
Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.
How old is your daughter?
Do you know what her wishes are in this matter?
Do either of you have attorneys?
When did the most recent litigation occur?
I apologize, I should have asked this already....
What exactly does the temporary state as far as custody and visitation?
Where is your daughter now?
As to attorneys and fees, what is the approximate income for each of you?
The "proper" way to handle this is through the court system. Unfortunately, the judge is not giving you a hearing date for four months. Meaning, the "proper" method requires you to wait four long months.
As your child is a bit older, you might consider simply picking her up one day. If she is in school, church or whatever, you have the right to simply pick her up. If the father calls the police, he would likely rely on the "temporary" order. If so, simply point out to the officers that the order expired. In that event, my speculation is that the officers would tell you both that it is a civil matter and that you should contact your attorneys.
Another option would be trying his attorney again. I know you have stated that you have had no success thus far but it might be worth the effort. If you can contact the attorney and share your perspective on the temporary order, he might enlighten you as to their perspective. It would be interesting to know whether he supports your husband's actions. While you may expect that he would support his conduct, I can tell you from experience that clients often do things contrary to their attorneys expressed instructions. If that is the case here, the attorney may be able to help you out.
Due to the complexities of the issues, I would urge you to look into retaining an attorney to assist. First, you should begin with your state bar association. The Florida State Bar has a website, it is located at www.floridabar.org.
I do not know your county of residence but your county bar association likely has a similar site that will be more specific to your location. For example, you could search "Broward County clerk of court".
Additionally, Martindale Hubbell is a national organization that rates attorneys across the country. Their website is located at http://www.martindale.com/.
Another nationwide website is located at http://www.avvo.com/. This site lists attorneys by geographic location and area of practice.
Each of these resources will have a wealth of information as to attorneys in your area that handle such cases. I would suggest you check each site out and you will surely find a great number of attorneys that meet your needs. Pick a few to meet with in person so that you can thoroughly explain your situation and then retain the one that you feel can best represent your interests.
As to fees, you may be able to get some assistance. In Florida, if one party makes substantially more than the other, you can file a motion with the court asking for the other party to pay your fees. So, I would urge you to look into getting the judge to sign an order requiring the father to pay or contribute to your attorneys fees.
I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).