Legal Question in Family Law in Florida

Im the father of a 6 year old daughter, who I have 50 percent court ordered time-sharing with her mother. Righ now, she is with me because of Father's Day weekend time-sharing, but it's her mother's weekly time-sharing starting as of 6:30pm yesterday, which normally starts on every other Friday at 6:30pm. My daughter is still presently with me, even though it's her mother's time-sharing. Her mother is mentally unstable to the point where she has been investigated by DCF concerning her mental instability. After going back and forth with her inconsistent time-sharing, it has gotten to the point that I do not want to turn her back over to her mother for her time-sharing this week. Our daughter is in Summer Camp this week, as she is every week this summer, but I do not want to take her to Summer Camp because her mother is going to pick her up from Summer Camp, even though she is not mentally stable enough to properly care for our daughter at this point. The Summer Camp has a copy of our time-sharing court orders, which is Friday-Friday for both of us. I can legally prevent her from picking her up during my time-sharing, but I can legally stop her from picking her up during her time-sharing. What can I do legally to prevent her from being able to pick her up and regain physical custody of our daughter, who is not safe, nor being properly taken care of when in the custody of her mom. Thank you in advance.

Asked on 6/17/19, 6:15 am

2 Answers from Attorneys

Robert McCall Law Office of Robert McCall

Do not take unilateral action, your Judge may sanction you for that. If this is emergency situation report to your local police agency or report to DCF. You may also file an Emergency Motion with the court requesting a change of Time-Sharing..

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Answered on 6/17/19, 6:29 am
Alan Wagner Wagner McLaughlin, P.A.

You are governed by the Court Order. If you want 100% custody, you will need to petition the judge. If you violate the court order, you will risk sanctions and court intervention that may cause you to lose custody.

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Answered on 6/17/19, 11:21 am

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