Legal Question in Family Law in Florida

My son no longer wants to live with me because I restricted his privileges due to failing grade. He stated he wanted to live with his mother because he has more freedom and she buys him very expensive items. As a result he has run away every time he comes here even had the police assist me a few times for him to come to my house for visitation. I went to his school and removed him to take him to counseling as she wrote me after I served her with court papers for being in contempt of court that she wants therapy for him as well. I picked him up from school with the school officers assistance he handed me my son's phone. I asked him to unlock it. I discovered text messages between him and his mom. He was requesting that she leave the garage door open so he could escape, she was texting him and warning him to look out for the police and me. She was texting to him that it sounds like a plan. The texts show clearly she was assisting him from coming to my house. She is guilty of parental alienation. I am supposed to provide the cellphone per the family plan. She is also in contempt of numerous other things so I have a motion for contempt of court. She has not shown her W's in 5 years despite the order on family plan and has left for extended time out of state with the children. I have emails to prove that. The court date is Oct 31, 2019. Today Oct 10 her lawyer wrote me that I was in violation of Florida Statutes Section 78.01. I need the phone to show her obvious assistance of my son running away. Do I have to return it by tomorrow as the lawyer stated in an email he just sent me? I am still in possession of phone. Or is it a way to use the texts in court? Please advise.

Asked on 10/10/19, 9:43 am

1 Answer from Attorneys

Robert McCall Law Office of Robert McCall

Cannot answer without more information. Speak with your attorney ASAP. Also recommend you read the statute the attorney is citing.

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Answered on 10/10/19, 3:36 pm

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