Legal Question in Family Law in Florida

hello. I am writing on my boyfriends behalf. 3 years ago he was sent to prison for mortgage fraud. Three months in his wife starting abusing drugs and neglected their two young daughters. His mother took her to court to get custody of the children, which she won. They have been in her custody til this day. My boyfriend has officially been out of prison and working a decent job since November2012 (7 months). His mother still has custody of his children but he is also taking care of them since he is living in her house. The mother of the children has claimed that she is planning to regain custody of the children. However she is currently pregnant with her new fiancÚ's child. But she is still legally married to my boyfriend since she denied signing the divorce papers three years ago. meanwhile My boy friend is desperate to move out with his children to miami and start a normal life. His mother has been living with the children in broward since she gained custody and insists th!

at he cannot get the children back or take them to miami. All he wants is for his 4 and 6 year old daughters to have a normal life with their father. his mother is making it very difficult as well as his ex "wife". What are his rights? should he get a lawyer? will he get in trouble if he just takes the kids without going through court first? technically the children were taken away from the mother not him and he has been with the 7 months. they are used to him and love him very much. what should he do?

Asked on 6/11/13, 11:38 am

3 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

For starters, he can put his big boy pants on and make the inquires himself.

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Answered on 6/11/13, 11:47 am

John Smitten Carey and Leisure

He cannot just take the kids. It would appear that the grandmother has some type of order, either way he has to file a petition with the court to get custody

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Answered on 6/11/13, 11:50 am
Brent Rose The Orsini & Rose Law Firm

All he wants is a normal life for his two children who have a drug-addicted mother and an ex-con father, each of whom isn't even compentent enough to file for divorce, and he isn't motivated enough to write his own question on Avvo. Right, this is looking good. Anyway, the answer to your question is that he must petition for the return of his children. The paperwork he must file is called a Peition for Reunification, and he should certainly get a lawyer.

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Answered on 6/11/13, 12:02 pm

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