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Can i take my child after serving mother with court papers for full custody. before a trial? or do i have to file domestic?

Hudson, FL |

mother currently refuses to inform me of any information about the child unless i call and complain to her and even then she still refuses to let me know where the child is. would i be wrong to say i want no contact till court date is set or ?

Attorney Answers 4

Posted

You can't unilaterally decide she's to have no contact. Only the judge can make that determination. Do you have a trial date set? Are there any temporary orders in place? Are the two of you married?

Free Consultations can be made by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make more accurate legal determinations on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.

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Asker

Posted

not married no trial date set but cot summons being sent to her.no temporary orders in place but i worry about childs safety in her care atm.

Asker

Posted

got*

Justin Gary Hausler

Justin Gary Hausler

Posted

I need more information from you. Is this a paternity suit? Give me a call to discuss if you'd like a free consultation. I am available now at 4076171064.

Justin Gary Hausler

Justin Gary Hausler

Posted

It was a pleasure speaking to you about your legal case. Please be advised that you can leave me feedback on AVVO under client endorsements. I would appreciate your endorsement. Thanks

Posted

No, you cannot do this. Her actions should be recorded in a notebook with the date and time and a brief description of what she has said, and done. This will work against her. Please read the provisions of Florida Statutes Section 61.13(3) for guidance as to what you can and cannot do. Both of you have an affirmative obligation to foster and encourage a close and continuing relationship between the child and the other, which is just one of the factors.

R. Jason de Groot, Esq., 386-337-8239

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Asker

Posted

reason i am asking is because the child i worry in her care because she has a few heavily drug users. and she has been known to do drugs aswell. and would i be wrong not to want to talk to her or have communications till court dates are set? or would i be wrong? even though i wouldn't be able to see my son if i did that.

Robert Jason De Groot

Robert Jason De Groot

Posted

The child needs you to be there constantly, and if she denies access to you, it can work against her.

Asker

Posted

ok so if i ask for him a certain night and she says no i can use that or do i ask every night/day? even if i have to work ?

Robert Jason De Groot

Robert Jason De Groot

Posted

Take notes for each time you are denied and each time you get visitation. It may prove helpful at trial to have an accurate record of what has gone on. Did you read that statute yet? 61.13(3) I have pulled that part out of the statute to make it easier to read, and can send it to you in email. It is all important for you to know the law and follow it.

Asker

Posted

i find it hard to understand where exactly i am looking there are a bunch of 3's and thank you ill look on my email about it. i just have issuess talking to the mother which allways seem to lead into arguements because she is trying to hold the law aginst me from knowing things . is why i was asking about the not talking to her or seeing her. if it would hurt my case or not.

Robert Jason De Groot

Robert Jason De Groot

Posted

You can send me an email and I will send you the statute.

Asker

Posted

if you could you could contact me via phone and help me understand and i could let you know more.. 813-500-0387 or until 4 pm at 813-929-2199 and my email is jabwp88@yahoo.com

Posted

Taking the child by meaning refusing to allow the child to return to the mother is not advised. However, more information is needed here and I think some clarification as well. You honestly would best be served by contacting a local and experienced family law attorney directly and discussing over the phone.

Many great attorneys can be found here on Avvo and offer free consultations.

/s/ Ophelia Bernal-Mora, Esquire
Law Office of Ophelia Bernal-Mora, P.A.
37 N. Orange Avenue, Suite 500
Orlando, FL 32801
PH: (407) 354-5223
Email: info@obmlegal.com
Website: www.obmlegal.com

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Posted

If you just take the kid and don't allow contact you will hurt your case

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