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I live in Miami, FL have filed a divorce a year ago, my husband was incarcerated back then when I filed due to Medicare fraud.

Miami, FL |

he got released 2-3 months ago and live in NY now. we are schedule for a hearing on 09/12/2013. we have a 7 yr old son. He is from Iran and now demanding to see his son when he is coming down, I don't trust leaving my son with him, he might take him out of the country and then there is nothing I can do. since my divorce has gotten complicated thanks to him, what can I do to protect my son, and how can I request for a supervised visitation in this short time, I have no relative in here. I can not afford to hire an attorney, did my divorce through the Self Help program. Police dept. already told me they can't do anything since he is the father and they can't stop him from seeing his child. I don't want him to come to my place either. please advise how can I legally protect my son.
thank you

Attorney Answers 5


  1. You need to find the resources to retain an attorney on a payment plan for at least that hearing. There should be a standing order in your county prohibiting him from removing the child from the State. Make sure that the standing order is received by your husband. Good luck.

    Bill Rosenfelt 407-462-8787 (Orlando/Longwood)

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


  2. I agree with my colleague. Even if you do not hire an attorney, I think you should at the least consult with one in your area to discuss your case.

    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 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.


  3. What does your divorce decree say? Does you son have a passport? Hide the passport.


  4. Have you tried Legal Aid? You should consider it. There are pro-bono attorneys local to Miami that can help you. Here are some links to some legal aid: http://www.dadelegalaid.org/ http://www.lsgmi.org/

    Meanwhile, what can be done is to file a motion to temporarily prevent the child from being removed from the state of Florida. The form for it is here: http://www.flcourts.org/gen_public/family/forms_rules/941a.pdf

    I am going to agree with my colleague that you need legal help for this. I do not recommend doing this alone. There are a plethora of things and steps that you will need to take, and an attorney knows how to do it. Whether the attorney is hired counsel, legal aid, or someone who will do pro-bono for you, I would do my best to get one. I'm sure you can also find local counsel who would be willing to work on a payment plan of some kind for you. I wish you the best of luck.

    The answer provided should not be construed as establishing an attorney-client relationship between me and the individual posting the question. The answer provided is based on Florida law, and is not binding on the poster's state. The poster is advised to seek local counsel.


  5. I am not supposed to do this but I will already be in court that day so I might be able to help you. Call me.

    You can reach the Law Office of Richard S. Chizever, P.A. at (305) 974-1580 or RChiz@ChizeverLaw.com. Richard S. Chizever, Esq. is a family law attorney licensed in the state of Florida. This answer is for general information only and does not create an attorney client relationship between Richard S. Chizever or the Law Office of Richard S. Chizever, P.A. and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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