How do I get a motion for emergency time sharing to actually work!? I'm being kept from my child.

Asked 6 months ago - Ocala, FL

My soon to be ex wife is keeping our child from me. Only allowing me tosee her for an hour at an time and only at a public fast food establishment. I have filed for emergency time sharing but Court has been postponed twice because of the mom. The first time she requested a two hour court time instead of a one and most recently she had her attorney withdraw from the case and again got court pushed back. How is this even legal she's keeping me from my child and on top of that keeps postponing court for me to get time with my kid. So seriously I just have to wait is that my only option to wait until court!? How is that justice at all? All I want is to see my little girl! How can I stop this nonsense!

Attorney answers (3)

  1. Robert Jason De Groot

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You know that you need to get an attorney for this. In the meantime you should read the provisions of Florida Statutes Section 61.13(3). She is not complying with that statute and your attorney will readily be able to show that she cannot comply with it and that you should have the child a majority of the time because you can comply with it. This is the most important statute in court battles involving children.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more
  2. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . In all honesty it might be prudent to hire an attorney at this point. You need to secure proper hearing time in front of the court. Have the two of you been to mediation yet?

    Furthermore, you are married and it is your child, if there is no court order limiting your contact with your child then she does not necessarily get to dictate your time sharing.

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  3. Betty Elaine Jones

    Pro

    Contributor Level 19

    Answered . A agree with both attorneys and reiterate you should retain an attorney for yourself. It is difficult enough to maneuver through the legal system alone but with your Wife having an attorney, you should consider getting one yourself. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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