Legal Question in Family Law in Florida
My husband had me arrested under false accusation of domestic battery. I have a no contact order. He is refusing to let me see our daughter. He will not give her to my grandparents so I can see her. I need to know if I have any leg to stand on. It is illegal for him to keep her from me correct? Can I call the police and have them get her for me, he WILL NOT give her to me voluntarily. I need help. I am a great mother, and my older daughter who is not biologically his is with me now. There are no custody orders in place, and we haven't yet started a divorce but will be working on it as soon as the domestic case is finished.
2 Answers from Attorneys
You have as much right to the child as he does. You should seek to get your public defender or criminal defense attorney file a modification of pre trial release asking for " no hostile contact" as opposed to "no contact" since there is a child in common. You also need to proceed to family court and seek a determination of time sharing either in conjunction with a divorce (if you are planning to get divorced) or without the court dissolving your marriage.
You have to file a petition in family court to enforce your rights.
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