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:
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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.
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