Florida  |  Family Law

Legal Question

Asked on: 8/24/07, 12:21 am

Gaining sole custody from out of state

My ex currently has custody of my daughter in CA and I presently live in FL. From what I've been told by family and friends of my ex, is that she continually sleeps through out the day and keeps our daughter in the room with her. On many occasion will go many hours without a diaper change as well as the room littered with dirty diapers, laundry, and bottles. The mother refuses to keep the room clean on her own and must be forced to clean it. When it was suggested that I, the father, take temp. custody by my ex's mother, the two of us were threatened by my ex that she would press kidnapping charges against us. My ex is also in the process of losing her newborn daugter to her father because of medical reasons with the newborn. She has filled child support against me and I have been making attempts to pay, but as far as I knew those payments were only going to medical coverage. She had told no one that she was recieving funds from the state which leads me to believe that my daugter has not seen any of that money. My question is how would i go about finding an attorney willing to fight CA so I may gain sole custody to get my daughter out of this situation. And also, what problems would I possibly encounter.

1 Answer

Answered on: 8/24/07, 2:17 am by Scott R. Jay

Re: Gaining sole custody from out of state

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If your ex wife and daughter live in California, you will need to find an attorney in California to represent you in an action for modification of custody or whatever the equivalent is there. You cannot fight this in Florida.

Scott R. Jay, Esq.

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Law Offices of Scott R. Jay 1575 Northeast 205th Street Miami, FL 33179-2133

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