Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

Okay I am writing on my husband’s behalf. He and a female

Customer Question
have a kid in common...
Okay I am writing on my husband’s behalf. He and a female have a kid in common. My husband put in a visitation order in with the courts in 2012, when the child was 1 going on 2 yrs old. Since then the mother has ran the visitation plan. It states that she is to meet him at the public library every other Saturday to drop off his child and meet there to pick her up at 5pm Sunday. There has been multiple times she has not showed up and my husband has not done anything with the courts, due to taking her in on one contempt and the courts did not listen to him they just took the mothers word for it. So he thinks she will always get her way in court so why even try. The mother never has a job, she uses drugs, Herion, pops pills, sells food stamps for money for drugs and her child goes hungry. This has been the whole time the 5yr old has been born. DCF has been called on the Mother has to be 15 times and every time she is manipulates them into believing she is a wonderful mother and passes drug test.
No Fast Forward to now. My husband has been denied visitation by the mother going against the court ordered plan sine June, he has not seen his child and the mother will not communicate with my husband.
My husband put an contempt on the mother a few weeks ago and they granted him make up time. The papers states that the mother must strictly comply with the order and also give my husband every weekend visits starting from Oct 4th until March. Up until now 3 weekends later after the order been in, she has not still let him have the child nor has replied to any of his attempts to get the child.
We got phone call last night about what my husband’s child is going through.
The caller stated that my husband needed to get custody of his child bc of the conditions his child is in.
It is said that the mother and her boyfriend get prescription drugs, which is about 200 pills, and sell them in order to buy Roxies and Herion.
They get $900.00 in food stamps and sell them for cash and use the money for drugs, and the kids (my husbands child and the boyfriends 2 kids) go hungry. The kids complain about being hungry.
That the both are high on drugs, sleep all day, leaving the kids to defend on themselves. Ages ranging from 5-10yrs old.
The kids never get attended to as in never take baths or clean themselves, hair never fixed.
Company in the house they live in has found needles lying around.
The kids have missed about 14days of school since school started August 10th.
The people who rented the house have moved out and has the water turned off and they are being squatters refusing to leave. The kids have lived there for weeks without water.
The kids are around alcoholism, drugs, and indecency.
The female and the boyfriend says that DCF visit and get called so much that they keep the kids urine in a crock pot warm for when DCF ppl just show up they will pass the drug test.
What can my husband do with out proof of this?
The ppl who always come out of no where with telling me I need to get custody of my child bc all this info they give me, but when I ask will they help me and tell the courts they back out bc they say they are snitching.
We live in Florida and it is hard to just walk into court and say I want custody of my child bc they will want something more.
Is there something a non-custodial parent can file for emergency custody to get his child out those living conditions asap?
Please help she would be in better hands with us. We both work for the school board; we take care of our children.
We need in-depth help bc this child needs a better chance of life then what she is getting with her mother.
Before finding our all this my husband went to the court house and filed another contempt on Monday, for the mother still taking his ordered make up weekends. We are still awaiting a date for that now.
And in addition to what he can do asap to get his daughter out of the conditions asap, what can be done without proof to keep her?
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
11/1/2016
Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago
Christopher B, Esq.
Category: Family Law
Satisfied Customers: 3,011
Experience: associate attorney
Verified

My name is ***** ***** I will be helping you today. Thank you for your question and thank you for using justanswer.com. Give me a bit and I will draft you an answer.

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Okay thank you, ***** ***** no money for a lawyer to represent us in court but we don't even know where to start, for one bc the female is manipulative and everyone will believe anything she says, even the courts. My husband feels they always favor her, she has lived in a homeless shelter for 3 months in the start of the year with his child and DCF told him she was doing a great job as a mother bc that is considered shelter. My husband has no records with the law never been in trouble, he has graduated from college he is a good man, he pays his child support religiously and we could give the child a great home. Courts just always favor the mothers. please give us options and all the help you can!
Family Lawyer: Christopher B, Esq., Lawyer replied 1 year ago

He could file a motion for emergency custody because of these conditions which might be difficult because the Court will need evidence to award this. It is done ex parte (without the other party) Generally, a court is against emergency orders because they do not provide an adequate opportunity to the other party to appear and respond. In general, the law has many very specific requirements and emergency relief is rarely granted. In a few rare cases the filing party must show clear evidence of:

  1. Recent incidence of child abuse, neglect or spousal abuse or spousal rape.
  2. Credible threats by a parent to remove the child from the residence or school.
  3. Evidence of drug use or alcohol abuse by the other parent.

I would recommend hiring a private investigator or trying to get evidence of this yourself somehow. Pictures of the conditions or drug use would help. Any evidence of arrests could be used as well as long as it is current. Also testimony from the DCF worker if you think it will help.

Another option would be for you as the step parent to file a petition for temporary custody. See link: http://www.flcourts.org/core/fileparse.php/293/urlt/970a.pdf

Your husband cannot file this as he has an open court case, only you can or another family member. If one of the parents object (who knows if she will even respond), "the court shall grant the Petition only upon a finding, by clear and convincing

evidence, that the child(ren)’s parent or parents are unfit to provide for the care and control of the child(ren). In determining that a parent is unfit, the court must find that the parent has abused, abandoned, or neglected the child(ren), as defined in Chapter 39, Florida Statutes.

You will HAVE to get some type of evidence for either petition (unless she does not respond to a motion filed by you) and show by clear and convincing evidence (over 51% evidence for example) that there is some type of abuse happening to the children or conditions that are not in the child's best interest. There is no magical formula here and you have to get evidence if you want to get the child out of these terrible conditions.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link for how to rate: http://ww2.justanswer.com/help/how-do-i-rate-answer-hl

Ask Your Own Family Law Question
Customer reply replied 1 year ago
When you say we need strong evidence can you give me examples of that? Bc I know without a doubt we cannot get physical evidence.what will be done if she is still not complying with the order put in on the 1st of October?
Family Lawyer: LegalGems, Lawyer replied 1 year ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,518
Experience: Experienced Family Law Attorney
Verified

Hello; new contributor here;

I have reviewed the above and am sorry to hear your family is having to undergo this.

Often times child custody and visitation cases do not have physical evidence, so in that case, the judge will decide the issues based on allegations presented by the party. An effective way of doing this is by declaration/affidavit- basically a party, and witnesses, can provide testimiony via an affidavit, informing the judge of instances indicating why a certain parental arrangement is preferred.

Ideally the declaration should provide a summary of events, and then list with details incidents of concern. Valuable affidavits may come from day care providers, relatives, friends, neighbors, teachers, etc.

Another great resource is the psychological evaluation of a parent. This is done upon court approval. Florida Family Law Rules of Procedure 12.360 and 12.363 provide for evaluation of parents and children by a psychologist. The idea is to have a parent evaluated to determine if they are fit to parent-if not, the court will impose restrictions- ie supervised visitation.

More information on that is here:

https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/60814AE074E7394285256C100045A1EC

For contempt, if a party violates a court order- a knowing and willful violation, the court can award sanctions which may include: court fines, the award of attorney fees, even jail time or a change in parenting time.

I hope this information helps as I cannot imagine your frustration and concern.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 1 year ago

Additionally there is a legal doctrine: parental alienation - this is when one parent actively seeks to affect the child's relationship - either by denial of parenting time, or by disparaging the parent in front of the child. That can result in a change of custody/visitation or restrictions such as supervised visitation.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 1 year ago

Also there is a procedure for the sheriff to pick up children from a parent that is providing an unsafe environment -

http://www.flcourts.org/core/fileparse.php/533/urlt/941d.pdf

I hope this helps; please let me know if you have additional questions.

Ask Your Own Family Law Question
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,518
11,518 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Child custody and child support. Nj. No I go into full
Child custody and child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: Nj JA: Has anything been filed or reported? Customer: Yes JA: Anythi… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
I am about to file for child custody and child support I am
I am about to file for child custody and child support I am an unwed father in the state of California . My sons mother has made things quite difficult by not letting me see my son and Insists on rece… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
The non custodial parents child support order isi in South
The non custodial parents child support order isi in South Dakota, he owes approx 25k in back support. He fled to Indiana and I was able to tell the process server his location. He has not paid a penn… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
It about Child Support vs visitation Court order when he
It about Child Support vs visitation Court order when he don't pay all the time .. … read more
Sue
Sue
Juris Doctorate
241 satisfied customers
I'm in a child custody and visitation situation with a
I'm in a child custody and visitation situation with a female. There was no relationship. The child is 1yrs old. I didn't know the child's name until the summons. I don't want any envolvement! I'm an … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am over a supervised visitation of my granddaughter and I
I am over a supervised visitation of my granddaughter and I just found out that the mother has been taping in my house. we meet in my living room with the doors and curtains closed. it is just me my g… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
We have a family law, child support question. North
No. We currently have a child custody agreement but it is dated and incomes have drastically changed … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a family law question, child custody... Florida. I
I have a family law question, child custody... JA: Because family law varies from place to place, can you tell me what state this is in? Customer: Florida JA: Have you talked to a lawyer yet? Customer… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I already have a judgement for child support and visitation
I already have a judgement for child support and visitation and custody of my child, but they didn't do my divorce in the child support. Can I file for a divorce without bringing previous orders invol… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,141 satisfied customers
I currently have supervised visitation with my children per
I currently have supervised visitation with my children per a temporary order from 8/4/17. I fear that my children are in danger with my ex-wife because of her family's culture (her father molested ex… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
If both parents have supervised visits and the grandparent
if both parents have supervised visits and the grandparent is awarded Permanent Managing Conservatorship … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
In a child custody visitation schedule, can a judge from
In a child custody visitation schedule, can a judge from Florida override a judge's decision in New Jersey when it clearly states in New Jersey that he is to have no unsupervised visitation. He lives … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I have temporary supervised visitation. I was granted 8
I have temporary supervised visitation . I was granted 8 visit. my son father is violating the court order. What can i do? and what will happen as a result… read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
Can dcpp tell me that i have to have supervised visitation
hi, can dcpp tell me that i have to have supervised visitation with my teenage daughter whom is currently under my custody? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
My son had supervised visitation at the local county women's
My son had supervised visitation at the local county women's center in Angleton, Tx. He had issues with them and they told him he could not use the center anymore for visitation. Keep in mind, he was … read more
Michael Bradley
Michael Bradley
JD
1,192 satisfied customers
A non-custodial parent is required to pay child support, but
A non-custodial parent is required to pay child support, but finds the under aged children left the custial father on their own free will and is no longer under the custodial care. can the non custodi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x