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FL: What is proper route to get emergency custody?
This question is for a dear friend of mine who is a hrad working man but really does not have the extra to pay for a lawyer right now. His ex-wife is in the process of moving with their daughter back into the house with her current husband. She left her current husband almost a year ago because he was cruel to her. Very controlling and has bruised her from grabbing her. She had an injunction (restraining order) against him and he violated it and was arrested and ordered into batterer intervention (26 hours at 1 hour a week). So not current hubby is in repo and foreclosure of his house and all that money problems and is professing his love still for this woman (HELLO - he needs her - he wrecked his credit so he is probably counting on hers to get the next place...the auction date on his house is 2 weeks away).
So she is moving in with him right now to the house he is about to be kicked out of with the 6 year old daughter. Daughter was not physically abused but was thrown out...
in the middle of the night. He has promised her a kitty if she moves in...lol...but of course Dad wants his daughter no where near this man. what is best route for him to follow?
He trying to figure out what he should file since he cannot hire a lawyer at this time. He will make phone calls tomorrow and all... but he wants a way to get her right now with temporary custody then fight with family court to make it permanent. the mom is in the process of moving in this weekend.
She currently has primary custody and he has visitation..so he is looking to be able to get at least temporary custody as mother is terribly unstable right now (she is abusing alcohol as well).
6 Answers
- JuliLv 51 decade agoFavorite Answer
You may use this form to request that the court enter an order directing the sheriff or other law enforcement
officer to take a minor child(ren) from the person who currently has physical possession of the child(ren) and
deliver the child(ren) to your physical custody. This form should only be used in an emergency by a
person who has a _pre-existing legal right _ to physical possession of a minor child. This means that
you already have a court order awarding you legal custody of the child(ren) OR you are the birth mother of
one or more children born out of wedlock and no court order has addressed any other person’s parental rights.
Edit
You might want him to talk to CPS as they can get things moving faster than the overloaded Court System.
Sorry.. but now I agree that the best resolution would be to file a Motion to revert Custody due to new information or petition the Court for a GAL(Guardian ad Litem) who then can request a Emergency Hearing to decide the child's temporary custody home for her best interest prior to a Court Hearing.
Source(s): http://www.flcourts.org/gen_public/family/forms_ru... Another link: http://www.winchildcustody.com/winchildcustodydisc... - Im ok nowLv 41 decade ago
He can try calling child protective services and getting a restraining order on behalf of his daughter. If he explains the arrest and the orders against her step dad and lets them know her mom is moving her back in with this man, they may be able to get to work on it immediately. If they grant him the restraining order he should be able to get emergency temporary custody until either child protective services or the courts are able to intervene.
- E&LLv 71 decade ago
Ask the courts to appoint a guardian at lighten to represent the child's best interest since there has been violence in the house.
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- JechtLv 41 decade ago
he dont need a lawyer. all he needs to do is show this guy is a danger to his daughter. as if he was in jail for abuse to his daughter mother. no judge will allow his daughter to live in a a place like that. he will be awarded custody. as the guy has a record of physical abuse.
- Anonymous1 decade ago
family court
