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FL child custody laws, procedure for seeking primary custody
Miami, FL
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Posted about 1 year ago in Child Custody
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Unmarried mother fighting for custody with controlling father:
I am an unmarried woman who has a 3 yr old son and his father's name is on the birth certificate. I have been in a Battered Woman's shelter twice because of this relationship. I am without finances because the father has complete control over the money aspect of our home. I also do not have transportation. We have never been to court to decide who has primary custody so it is even. The father has taken our son without my consent and will not let me see or speak with him. I plan to go to court on Monday to file for custody. What documents do I need before I get there? And if I have family members who will help me until our 2nd child is born, will the courts frown upon my lack of funds (due to father) and not allow me to have custody?
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Answers (2)
Anthony John Colleluori
This attorney is licensed in New York.
Posted about 1 year ago.
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A parent's financial situation may have an effect on what is in the best interest of a child but it is not dispositive. That you have been battered by him and by his unilaterally keeping the child from you will bode well for you. If you can speak to an attorney or get a free one that would help. You can find pro bono attorney's at law school clinics and at bar associations (county city and State) also many churches have attorneys who will help out for free in a pinch. I am suprised your battered women's group doesn't have a few names as well. Whatever you do, don't give up. That child needs a mother, and you are that mother, Do not let him bully you with money or anything else ever again. You are made of tougher stuff.
Good luck 
Lourdes Maria Fernandez
This attorney is licensed in Florida.
Posted about 1 year ago.
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My initial advise is to please immediately obtain a restraining order against the father. You may obtain free legal help, if you are in financial straits, with several legal clinics (legal aid) or bar associations in your county. The fact that you have been in a battered woman's shelter works to your advantage and safeguards will be taken for your protection as well as that of your minor child and unborn child. If you feel in any way threatened, please file for a restraining order. Do not allow him to take your power.
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