Legal Question in Family Law in Florida

Father v/s Grandparents for custody of 5 year old

In 08/02 my wife was awarded temp custody of our son in CA. In 01/04 she took him to FL and signed temp custody over to her parents telling the court she did not know where I was (this was a lie). In 02/05 she was arrested in FL for trafficking in Meth and is in jail awaiting sentencing. In 01/06 the CA court dismissed the temp custody there for failure to proceed. I have been fighting (pro-se) the maternal grandparents for custody of my son. They do not know the CA temp custody has been dismissed as they never kept in contact with their attorney or the CA court with updated contact info. My question is: Now that the CA temp custody award to my wife is no longer valid, does custody then revert back to her and me equally and since the ENTIRE FL temp custody is based on her having been given temp custody in CA and that is now no longer valid, can I request to have the FL temp custody dismissed? Please help. I am a good father and never gave up my rights to my son. I have always lived in AZ and my son lived with me for 5 months prior to being taken to FL by his mother. His location was not known to me to almost 6 months after he was taken there.


Asked on 3/02/06, 11:44 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Father v/s Grandparents for custody of 5 year old

You will have to petition the Florida Court for Custody in the County where the child is presently residing.Good luck.

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Answered on 3/02/06, 12:01 pm
Susan Pniewski Law Offices of Susan Pniewski PA

Re: Father v/s Grandparents for custody of 5 year old

You are going to need an attorney temporarily in Ca, and then in your home state. The law does not like having 2 cases in 2 states regarding the same child. You should proeed under the CA original case to get YOUSELF temporary custody, and move in FL to have the case dismissed, if there is one in FL, because there was a pre-existing case in CA.

We practice in North Florida. We can give you a free 1/2 hour consultation. Please call the office if you are in need of services in this area, and best of luck!

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Answered on 3/26/06, 10:54 am


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