My husband and I have been separated but not divorced. We both have attorneys but have not reached any custody agreement. I have allowed him out of state visitation in Georgia. After finding out I was pursuing child support he came to Florida picked up our daughter and now refuses to bring her back. She is having dental problems, is in pain, and he hasn't taken her to the dentist. She has been living with me in Florida since we separated and this is her residence. He lives in Georgia and has now kept her over 5 months. He is doing this out of spite. I am Desperate and I feel my attorney is not doing enough. Please Help Me! I want my daughter back! What are my options?
3 Answers from Attorneys
Probably a Motion for Enforcement/Contempt should be pursued. While the Court would likely schedule it on an expedited basis, the Judge might not consider it an emergency. Don't fault your attorney for the Court's congested calendar. Your husband's attorney, is probably strong-arming him to return the child. Unless it is a true emergency situation, most good attorneys do not like it when their client's disregard a Court Order. If you are not happy with your attorney, find another. If he is attempting to keep the child, I anticipate your husband's attorney will either move to withdraw, or promptly file a Motion For Temporary Relief. I practice family law throughout the Greater Tampa Bay Area.
File an Emergency Motion with the Floride court, tell everything to your attorney ASAP.. If you delay and sleep on your rights they may be waived.
File an emergency motion for return of the child ASAP. Not sure why this has gone on for 5 months.