My daughter signed for me to have temporary custody while
My daughter signed for me to have temporary custody while she obtained medical treatment and drug rehabilitation, cps became involved when my daughter tried to commit suicide. Since she had signed the temporary custody they entire into a voluntary case with my daughter for a 6 month time period while she received medical treatment and said my grand daughter was not removed from her custody and she was allowed to have her daughter with her through her rehab. My daughter's boyfriend then called cps as retaliation for an argument she and he had, stating that my daughter relapsed in her addiction, and cps came and collected my granddaughter with no word to me what so ever after they stated she could be in her mother's care. There is no actual evidence of "failure to protect" . How do we get this dismissed? Can my temporary custody that predated cps evolvement be of use in getting my granddaughter returned?
My son has custody of his two boys, but is in county jail on
My son has custody of his two boys, but is in county jail on a motion to revoke. It looks as if hes going to serve some time. His girl friend has the boys at their house at the moment. The boys mom lives in another city and the custody agreement states she cant live outside the county with the boys. I need some advice about the two boys.
My question relates to writs of prohibition for a family
My question relates to writs of prohibition for a family court case. This is in the code: "Jurisdiction of writs of mandamus and prohibition (except cases whereof cognizance has been taken by the supreme court of appeals or a judge thereof in vacation), shall be in the circuit court of the county in which the record or proceeding is to which the writ relates".What does "except cases whereof cognizance has been taken by the supreme court of appeals" mean? How is cognizance taken?
I am needing help with my rights. I am seperated from my
I am needing help with my rights. I am seperated from my wife we have one child that is 2yrs of age. we are not legally seperated but we share custody of our son he is with me from monday at 5.pm until thursday when she picks him up from day care. now I am finding out that she is trying to take him out of the school without telling me I think she is planning to keep me from him because she told the people at the day care not to tell me my question is what can I do stop this from happingJA: Because family law varies from place to place, can you tell me what state this is in?Customer: FloJA: Has anything been filed or reported?Customer: yes we were supposed to be going to a medeator but i missed the appoint due to the death of my fartherJA: Anything else you want the lawyer to know before I connect you?Customer: yes i tryed to reschdule and we have not gotten another date
I hope you can help me. My grandchildrens parents are
Hello I hope you can help me. My grandchildrens parents are separated. Have not filed for divorce yet. The kids have been with their mother who Friday left them alone. They are 4 and 2. The neighbor who is also a cousin found the left alone. We are estimating they were left alone 2-3 hours. Friday when there dad found this out he got the children and has had the since. He filed a report with CPS. Now he wants to get emergency custody of the kids because until a divorce is done he needs custody of them because she put them in danger. What does he need to do to file for emergency temporary custody in Texas
We have temporary 3rd party custody of niece. We no longer
We have temporary 3rd party custody of niece. We no longer want to be custodians. Her older sister and husband are willing to take custody. All parties are in agreement-even biological parents. Do we have to keep temporary custody or can we "dissolve" our responsibilities.
Time no talk. I have a two part question on a current
Hi, long time no talk. I have a two part question on a current situation.I have had a pending case for a modification of child custody and support (in Florida) since 2010. The case has been pending for years now (because we got stuck in other family related cases for years). The mother was able to get two temporary/non final custody orders in the pendency of the case that restricted and suspended my time-sharing with my son. There has never been a final hearing on the case/her supplemental petition to modify (the original custody judgment of 2002). Her attorney recently (on the judgmental error that I gave up) filed a Voluntary Dismissal [civil rule 1.420(a)(1)] of the (long-pending) supplemental petition to modify custody and support.I need authorities stating that the temporary custody orders in the case are now void/null/don't have affect now that the supplemental petition for the case has been dismissed. AND/OR, I need case law showing a proper motion someone filed in the same situation to have the trial court put aside all the temporary orders (because of the dismissal).I found in Pino v. The Bank of New York (Fla. 2013):"...the voluntary dismissal tends to benefit the defendant because it terminates the litigation then pending against the defendant and extinguishes all obligations, conditions, or restrictions flowing therefrom."That is the closest I have found that seems to infer that temporary orders in the case are extinguished. Is there a case that states the temporary/ non final orders, instead of obligations, etc., are extinguished/ void?AND/OR is there a Florida case that shows a certain motion someone successfully filed to set aside the temporary orders (because of the dismissal)?I thought a civil rule 1.540 motion might be appropriate to put aside void orders but that rule might only be for final orders?