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FL State Can I get custody back?

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  • FL State Can I get custody back?

    xxx Jurisdiction is in CA, but can I get an order of protection against my daughter's father in Florida when she comes for her summer visit, in order to protect her from his abuse and threats to kill her pets. I have petitioned the court in CA, but took it off calendar. We have 50/50 Joint Legal Custody. I lost custody when I moved to FL. and left her with her paternal grandmother temporarily while we relocated. I filed a move away, but never served the father. I trusted he would send her when it was time. He didn't, and custody changed to him unless I moved back. What I need to know is, she has shown some sexual behavior and spoken about how her father makes her feel afraid. He told her he was going to shove her food down her throat if she didn't clean her plate, he also abuses me, by threatening not to bring her or let her stay if I don't do things his way. We were never a family and I had Sole legal and physical custody, until I moved. Five years have gone by. I have her every summer. I have a husband of three yrs. and two more children. Every time we're together, she doesn't want to leave. She clings to me and begs to stay. She hates living with her father, but is doing o.k. there. As far as school is concerned. What can I do?
    Does Child Abuse supersede another Jurisdiction?
    If custody is 50/50 Joint legal, can Jurisdiction change if there is abuse by the other parent?

    The poll is expired.

  • #2
    Go out to California to get custody and seek primary physical custody. Hire an attorney and seek a modificatio of custody. There are plenty of changed circumstances: you marraige, the father lying about your abandonment and the father's threats to kill her pets are not good. The down side is that the child will likely need to testify or speak with the judge in private. You can seek to have a guardian ad litem appointed for the child, but in a case like this I am not sure there is any otehr way than for the child to speak with the judge. If you are successful, try to get the jurisdiction for the case moved to FL where you are at now.


    • #3

      Thank you so much. You cleared up a huge piece of my puzzle.


      • #4
        can I be protected?

        I am reading this as a 40-year old mother of two children waiting on the local bar association for an attorney to file for divorce. I'm working on getting a B.A. then law school. I don't have a decent (income) job right now, but trying (through advisor) to get work at a law firm (clerking). I don't want to share custody with my future ex. First, his family is from Florida. Currently, I live in Ohio. I don't want him taking the kids to Florida. Second, he is a registered sex offender. It was a one-time deal 16 years ago. As far as I know, nothing has happened since. I'm more concerned with his 'fighting this divorce' attitude. Plus, he has a history of 'kneejerk' reactions. He can't keep a job if his life depended on it, which was the motivating factor for college and now leaving. We have lived on welfare more than we have a legitimate income. He is accusing me of breaking up the family. Note: I am not in any relationship with anyone else. I don't have the time or concern. He is not even close to being a father. He is extremely irrisponsible and child-like. He is messing up our kids. Especially, our 11-year old daughter, who has become very rebellious, and doesn't even come close to respecting her father. Who would? I don't. All of these factors are why I want sole custody. Is this enough to get it? I don't mind day-visits for activities, etc., but that's all. I don't want any kind of overnighters. Seeing what has happened to this woman makes me seriously question our court system who would allow a man like this to keep his daughter. I am very worried. He can lie through his teeth and seem like the perfect guy. Other than the felony, it would be my word against his. Unless, character witnesses are possible. Even his own family agrees with me and what I am doing. Any answers?


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