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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27887
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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hello, My daughter is currently living with her dad in florida

Customer Question

hello,
My daughter is currently living with her dad in florida has been for last years for school reasons per he and i had an agreement no court order or signed papers. She graduates in May from high school, wiithin last i guess 6 months or so her dad has been drinking heavily so i guess you can call him an alcoholic he wakes up drinking and goes to bed drunk. This past monday ty had an altercation over him not wanting her to go to college back home in Ky where i live, he doesnt want her back home with her family, hes very controlling, they argued he grabbed her by her ankles while she sat on couch and dragged and punched her in her chest,.,long story short i got chf involved sherriffs office cps and they are saying she still has to stay there until the abuse/neglect invest is over,.,i got a copy of my custody order cause apparently if i had sole custody i could take her out his house and place her where i want her to go, well the papers say we had joint custody only because he lived in ohio in 1998 and she was 3 and so she spent summers with him only and some holiday she spent majority time with me so i basically had custody, I didnt realize the papers had joint custody on them, does that make a difference and also he paid me child support so when i got print out it always said he was the noncustodial parent so does that also prove that i am the sole custodial parent.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

First of all, if CPS is not going to help you, you may file for an Emergency Custody Order with the court and seek custody based on the child abuse that the father is inflicting. I would presume that the court would grant you the custody on a temporary basis until the formal hearing.

If you do not have sole physical custody of your daughter in the child custody order, then you can not unilaterally take your daughter out of the situation.

Get a local family law attorney to get an emergency custody motion on file. they are often heard within 24 hours.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.


I wish you the best in 2013,

Doug
Customer: replied 1 year ago.


okay, if i file that can they place her with someone i choose her to be with or will they put her in the system? I was reading up on filing a dvpo of a minor child,., as well and does that take about the same time 24hrs? Also, he is purposely denying me my visitation rights under court order with my daughter, he tells her she cant talk to me or any one in my family, when i try to contact him he purposely does not answer my phone calls, also about the support being as though he was/is the payor that makes him the noncustodial so that proves he isnt the custodial parent correct?

Expert:  LawTalk replied 1 year ago.
Good afternoon Lisa,

If you file for emergency custody, the court is going to expect you to take custody of your daughter---not send her to live elsewhere.

If you do not take custody of her and CPS takes her from the father, they could place her back with you, or she might be placed in a foster situation until you get court approval to have her come back to you.

At present, he is the custodial parent, based on your agreement to that and based on the fact that she is living there with him---regardless which of you may be paying support to the other.

Even the non-custodial parent has custody rights. The support order may have him paying you---but you allowed your daughter to go live with him. That means that CPS is not just going to hand her back to you. the court presumably will---which is why you need to petition the court immediately for custody.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

Doug
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27887
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 12 other Family Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Lisa. It has been my pleasure to assist you and I hope you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (8-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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