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FamilyAttorney
FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 930
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I'm trying to help my daughter, she lives in Florida and she

Customer Question

I'm trying to help my daughter, she lives in Florida and she and her husband got into a disagreement about 2 months ago. She was going to travel back to Maine for a family funeral and her husband would not let her and then place a protection order on her so she couldn't get back in the house and ordered not to take the kids out of Florida. She has been living in her car and he has another women in the house that he claims won't leave
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Winter Haven Florida
JA: Has anything been filed or reported?
Customer: She was served when she went to the court to file to be able to see her kids the court date is Dec 16th
JA: Anything else you want the lawyer to know before I connect you?
Customer: how can she get this dropped since her husband claims to want her back
Submitted: 3 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 3 months ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also – I will be typing my answer for you so I’ll be back in a few minutes – I’d like to review your question for a minute and then I’ll be right back.

Customer: replied 3 months ago.
Thank you
Customer: replied 3 months ago.
no thank you I have a disability and it's hard for me on the phone sorry
Expert:  FamilyAttorney replied 3 months ago.

I'm so sorry she is going through this. But something is not right. Normally, when a spouse goes out of state there is no reason to place a protection order on their wife.

Oh, that's the site asking for a phone call. I'm not asking for one so I apologize. That is a site-generated question. Thanks! Just know that I didn't request that.

Customer: replied 3 months ago.
ok thank you
Expert:  FamilyAttorney replied 3 months ago.

I've been doing this for many years and there's something not right here...as in, is the woman in the house more than a tenant? I would think that's what is going on. I've seen too much in my 36 years as a family lawyer and this situation makes me raise a red flag immediately.

He claims she won't leave? That's because I doubt he will let her leave. You don't get a restraining order on your wife. That's crazy.

She needs a family lawyer right away because this order has to be vacated. It's disgraceful what he is doing to her, he has the kids and they have no idea what is going on, where their mom is, and why there's a strange woman in the house. He may be preparing to end the marriage, but the first thing she needs to do is reverse directions, get the order vacated, and if she wants to throw him out of the house she'd have to prove why (such as he filed a protective order against her for fake reasons and then had some woman move into the house).

I can find lawyers for you in Winter Haven if you'd like. I hear stories like this and it gets me angry because I am sure there is more going on here than meets the eye. We're not allowed to refer to anyone in particular, but I can send you a list of family lawyers in the area and a short, simple guide as to how to pick lawyers. My customers here love it and have picked good lawyers from the information I have sent them.

I hope this isn't the case. I really do. But I am waving a red flag here because I do not trust that what he is saying is true. He's allowing his wife to live in a car. That's disgraceful.

Let me know if you want names of lawyers. That order has to be vacated and she needs someone to help her do it.

Customer: replied 3 months ago.
There have been on and off again for a long time, they moved to Florida last February for a new start. They got into a disagreement and she told him she was taking the kids to Maine for a family funeral and he won't let her and after she when to Maine for the funeral he filed a court order I believe it was protection of injunction so she couldn't take them out of state and didn't allow her to go back in the house and not allowed to see the kids. She has been living in her car now for 7 weeks. Her husband had a female friend from Maine come down to help with the kids. He claims he has asked the woman to leave and she refuses and he stated he called the police but nothing can be done because the women has been there for a month.
Customer: replied 3 months ago.
My daughter told me that she was at the court house to find out what she could file, they served her the paperwork from her husband and told her she can ask for the date to be earlier then Dec 16th but her husband had to be the one to drop the charges. He knows how to get her to believe him, he has been cheating on her for over 14 years but she keeps forgiving him. So what is the vacated that she needs to do?
Expert:  FamilyAttorney replied 3 months ago.

Yes, I understand. I am actually in Maine right now. I'm licensed in NY but live up here.

But there is no reason why he can't let your daughter in the house even if he has someone who has been helping him with the kids. His female friend may be more than a friend and I would keep my eyes open to that possibility. Why wouldn't he let your daughter back in the house if it's just a friend? I don't buy that -- something fishy is going on here and I'm afraid of what it is. I think she needs a lawyer immediately. I don't believe he called the police and I don't believe his story that she's refusing to leave.

Okay, thank you for that information. I'm on the right track here. I do believe there is something going on and it's disgraceful he's doing anything in front of the kids. She needs to have an attorney make a motion to vacate the protective order and that there's no reason for the order, that she was going to come back with the kids, etc. A family lawyer should help her get the order vacated, answer the petition about the order, and put in a petition to see the children, to throw him out of the house if necessary, etc. There are a lot of things that can be done here. She can possibly get a restraining order against him, including that he can't have his "friend" be with the kids. It is terrible for the kids. I'm an attorney for the child in my state -- like a guardian ad litem in yours. I represent children. This is terrible for the kids and they will be upset and confused, no matter what their age.

Just let me know if you want names of lawyers.

If he knows how to get her to believe him, I doubt he's dropping anything, and if he's been cheating on her for years, he's doing it again, I'm sorry to say.

Expert:  FamilyAttorney replied 3 months ago.

Please let me know if you have any more questions as I am happy to answer them, and let me know if you need a lawyer – I’ll be happy to find some lawyers for you.

Please accept my answer, rate my answer as one of the top three faces/stars (5, 4 or 3 stars) and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find a lawyer. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated. Thanks so much!

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you! I'd rather be given the chance to add more information than be rated negatively, so I thank you for that.

Thanks for letting me help you today!

Customer: replied 3 months ago.
thank you we are on the same page, she has no money because she just started to work, but still in her car. Is there any free lawyers that can help her out?
Expert:  FamilyAttorney replied 3 months ago.

It's very tough when we see our kids going through something like this. Because there is so much that can be done in court here, she should not be doing this on her own. She needs to get back into the house asap. It's terrible what he's done to her and to the kids, and a court will not be happy with that. Please let me know if you need information about lawyers in your area. She will do a lot better if she has a lawyer doing the paperwork for her, because the procedure is difficult and the paperwork isn't always easy either.

Thanks in advance for rating me. Best of luck to you.

Customer: replied 3 months ago.
Thank you, ***** ***** know of any place she can get a free lawyer in Winter Haven Florida she has no money because she lost her job not being able to get her belonging.
Expert:  FamilyAttorney replied 3 months ago.

I can look for pro bono lawyers in your area or in Fla, but pro bono lawyers are hard to find. Still, there are websites and I'll attach them here.

https://www.justia.com/lawyers/florida/winter-haven/legal-aid-and-pro-bono-services

This includes Legal Aid too. She may be better off with Legal Aid if she can't find a pro bono lawyer.

http://www.yellowpages.com/winter-haven-fl/pro-bono-attorney

Both of these list Legal Aid too.

Customer: replied 3 months ago.
Thank you for all your help, it's a place to start. You have a bless day
Expert:  FamilyAttorney replied 3 months ago.

Here's also a legal referral service, and she can ask who is less expensive and who is not. She needs to ask for a free consultation and she should not sign anything ( a retainer) unless she is confident the lawyer is a pit bull and will stand up to her husband. If she's not sure, she should sign nothing, thank the lawyer, and move on to interview the next lawyer. She is actually interviewing lawyers and not the other way around.

Expert:  FamilyAttorney replied 3 months ago.

Thank you -- you too, and thanks in advance for rating me. I hope this turns out okay -- here's the legal referral service:

http://www.yellowpages.com/downtown-winter-haven-winter-haven-fl/attorney-referral-service

Best of luck!!!

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