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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36939
Experience:  30 years in civil, probate, real estate, elder law
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I am pending a divorce after 25 years of marriage with 6 children. 4

Resolved Question:

I am pending a divorce after 25 years of marriage with 6 children.
4 are minors. We had a filing with an agreement regarding child custody.
The kids were very unhappy with the agreement. I have filed a motion
to revoke it prior to our final hearing. He does not have a physical
residence to may knowledge. He refuses to communicate with me on any
important issues concerning child custody. I believe he is unpredictable
and could potentially take the kids of out of state and not give me
a return date. What exact steps do I need to do to file Temp Custody
for Pinellas County? If I do this, does it force a trial to be ordered
between us? My specific question is what is involved when I initiate
this temp custody petition? I am just trying to protect myself and the kids from his non-responsivness and unpredictability.
Submitted: 7 years ago.
Category: Legal
Expert:  Ray replied 7 years ago.
HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Where are you at here.Is ther a divorce on file.And was the agreement here signed by your both and the judge.Give me more information..

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 7 years ago.

Yes, there is a pending divorce. No judge has seen us yet. It was only an agreement

that we signed together and we were in pretty decent communication. He has since

met someone and is very difficult to work with in regards XXXXX XXXXX this dilemna.

He refuses to communicate and the kids are protesting. 2 of the 6 refuse to live

with him, period. We have had NO final divorce hearing. Our handwritten

financial affidavits and marital settlement and handwritten child custody is all that is

on file. This was filed last year.

 

Expert:  Ray replied 7 years ago.
Well you would proceed to serve him here and then set it for final hearing.If he doesn't file response the court would grant a default here.A lawyer here would hlep you along since he isn't cooperating if this is feasable. You would have support rights here both child and spousal.
Expert:  Ray replied 7 years ago.
Here are instructions, free forms and free self help centers.You may want to use them to review what has been filed and get ready for final hearing..

http://www.flcourts.org/gen_public/family/forms_rules/index.shtml

Edited by RayAnswers on 10/1/2009 at 2:32 AM EST
Customer: replied 7 years ago.

I did not find this helpful.. I felt it was generic and unuseful information. No help

whatsover...

 

Expert:  Ray replied 7 years ago.
I'll opt out and leave you here for other experts.
Customer: replied 7 years ago.

I am simply trying to find out what happens next when I file a 100% temp

custody injunction in the Pinellas County Courthouse...What happens next?

Is there a mandatory hearing...? What criteria does the judge want to see

to give me that temporary arrangement?

 

What are the steps that occur after that...That is my question..I am trying to

re-phrase it because I am fairly intelligient and need a laser answer...no

vague non- descript answer. Please...please...

Expert:  Ray replied 7 years ago.
You would file a request for hearing on temporary orders here.You would seek custody and pousal and child support.It's not an injunction just hearing on temporary orders.If you are pro se here on your own, once you have filed and served the ex then write the court and ask for such a hearing on temporary orders.

Your petition should already have asked for temporary orders during the pendency of the divorce.If yours does not then amend it and title it First Amended Petition for Divorce and ask for them inside the petition.

Sorry for the confusion here, long day.
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