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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 88775
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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(FLORIDA) My daughter and her husband have had a falling out.

Customer Question

(FLORIDA) My daughter and her husband have had a falling out. They are separated and it is irreconcilable. There are two minor children involved, ages 2 and 5. Daughter has been working full time as a 6th grade teacher since they married. SIL has been a medical student but that is now over. He has never held a paying job - even between school years.

He has applied for two teaching jobs (since their separation) and was offered jobs the same day at 43,000 +. Now, he says he does not want to take those job offers but would rather take the minor children out of the state (Florida) to his father's home (Ohio).

Daughter does not want this to happen but feels powerless to interfere partly because SIL's mother is mentally ill and has physically threatened daughter on several occasions, including a threat to "explode" daughter's vehicle. Daughter has been hiding from MIL for almost two months. It is a mess, but daughter does not understand her rights and is affraid of her MIL and is becoming fearful of abuse by husband of her and/orthe children.

Where can she go near Sarasota Florida to get help to defend herself against assault by MIL and protect her children from kidnapping by the father?

Thank you.
Submitted: 3 years ago.
Category: Legal
Expert:  NateLawAnswers replied 3 years ago.
Thank you for your question and welcome to JustAnswer.com.

While I cannot refer you to anyone in particular at Just Answer, I can help you find a good attorney to consult.

There are two things you can do. You can contact the State Bar of Florida Lawyer Referral Service (http://www.floridabar.org/lawyerreferral). They can assist in finding an attorney to help you. You will get multiple referrals, and in most cases, the initial consultation is free through the service.

You can also try Martindale Hubbell (http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx
). Their entire business is rating lawyers. Simply search your state and the practice area you need. The best lawyers are going to be rated "AV".

As always, I will be happy to follow up with you if you have additional questions. In the meantime, please click ACCEPT so that I can get credit for answering your question. Of course, if you really liked what I could help you with, please consider a Bonus, too!

Thanks!

Nathan
Customer: replied 3 years ago.
Your response was more generic than a Google search result. I am an senior manager and an MBA, so I expect meat, not gas. If you want your fee, please send some meat that is relevant to the question.

Regards
Ron
Expert:  Law Educator, Esq. replied 2 years ago.
First off, you did ask where you could get legal assistance and the previous expert was correct on that part.

Second, while your SIL may WANT to take the child, the fact remains that it is not a given that he will get the child. The FL courts are not very happy about letting a child leave the jurisdiction of the court when they are issuing court orders. The fact that your SIL is WILLFULLY unemployed is grounds for your daughter to attack his fitness to be a custodial parent and also to have income imputed to him for the purpose of child support.

The fact remains that while the laws in FL say the decision on custody is supposed to be gender neutral, the courts still favor the mother when all other things are essentially equal as far as the capability of the parents. Additionally, the fact that the children have an established relationship with grandparents and family in the state of FL is a major consideration as is the support system being available to your daughter in FL whereas in OH the support system is weaker if his parents have health problems.

She will need an attorney in FL as the FL courts almost require it and do not typically treat pro se litigants very well. The previous expert's suggestion of the use of Martindale was a good one, another site also used by attorneys is http://www.lexmundi.com and both of these sites check out the attorneys listed on the site and also have peer reviews of the attorneys.


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