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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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My ex husband obtained a temporary custody order, incorporating

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My ex husband obtained a temporary custody order, incorporating an agreement stating an expiration date of July 2008. He has never enforced it, I was never served a copy from the courts. Had no knowledge it existed, until just recently when he sent me a copy via email after I reported him to child support enforcement services.

How can I request the judge to clarify the fact that the order has in fact been expired. He states that until the judge tells him otherwise. He is following this temporary order, insisting I have no say, rights or visitation to my daughter.
Submitted: 2 years ago.
Category: Family Law
Expert:  Joseph replied 2 years ago.

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:

 

  1. What is the "temporary custody order" from, a divorce? Paternity? Something else?
  2. Why was it never made permanent?
  3. What have you guys been doing since "July 2008"?

 

 

 

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.

 

Thank you.

Customer: replied 2 years ago.
1. It is a ex parte temporary custody order granted to him based on false allegations stating my daughter was in imminent danger and stated I used drugs on the prescence of my child. Both false allegations, which he provided no evidence of, only heard his sworn testimony.
2. I don't know why it was never made permanent, my ex never pursued it. There was never a final judgement made. And not until now, 3 years later he is petitioning for modification of final judgement and sole custody of my daughter.
3. Since 2008, we have followed our original divorce decree naming me residential parent and gave home liberal visitation.
Expert:  Joseph replied 2 years ago.

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?

 

Thank you.

Customer: replied 2 years ago.
1. She is 11yrs old
2. She wants things to remain the same, it's all she knows.
3. He does have an attorney, I can not afford one.
4. The last litigation we had was our divorce proceedings in 2002
5. The last and only order entered on our case was this temporary order expiring in 2008
Expert:  Joseph replied 2 years ago.

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?

 

Thank you.

Customer: replied 2 years ago.
1. It allows me one day during the week for a few hours and one weekend day from 9am to 9pm, no overnight visits. For a period of 3-6 months ending on July 31, 2008. Howeve, my ex never really enforced such restrictions, we deviated from it often and approx. A month later she moved back in with me and temp. order was never brought up again. Judge signed and filed the order in March. But remember, I just found out about this order until he emailed it to me. I then confirmed it by going down to the courthouse, reviewing our case file and obtained copy of the document.
2. My daughter is now with her father, he picked her up while at a friends house and then blocked all communication. His attorney won't return my calls, he takes my daughters phone away from her and disregards XXXXX XXXXX emails asking the whereabouts of my daughter.
3. I live with my fiancé who supports me, I am a full time student. My ex makes about $75,000 per year
Expert:  Joseph replied 2 years ago.

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.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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