MY FIANCEE'S EX WIFE HAS GIVEN HIM FULL CUSTODY OF THEIR SON AS SHE HAS NO PLACE TO STAY WE HAVE HAD HIM FOR 3 MONTHS. SHE HAS PICKED HIM UP FOR THE WEEK END AND DOESN'T WANT TO GIVE HIM BACK
Prior to the child coming to live with you, what does the current custody or time-sharing order say about who is supposed to have the child when? Is there currently a Parenting Plan? When he got the child, did they execute any documents reflecting the change in circumstances?
I would suggest that you meet with a family law attorney in your area as soon as possible to discuss your options.
Please note that without more specific information, I am unable to provide a definitive answer to your question. Please accept my answer for informational purposes only and I hope it will give you a starting point in seeking legal representation. I would be more than happy to meet with you to provide legal advice in a consultation.
General Practice Lawyer
Is there already a custody order/parenting plan in place?
This is not legal advice. This response is provided for general information only, as a public service. It is not to be relied upon as legal advice and does not create an attorney/client relationship; nor is it an attempt to create an attorney/client relationship. Consult with local counsel in your jurisdiction about the specifics of your case, which is the only way to gain true meaningful legal guidance and/or representation.
It all depends on what your original Parenting Plan says. Mediation may be required before returning to Court. Good luck.
This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272 familylawyer411.com/about-carin https://www.facebook.com/pages/The-Law-Offices-of-Carin-M-Constantine/125967577416313 http://www.linkedin.com/pub/carin-constantine/b/861/445
The answer to this question depends a lot on the original Final Judgment and parenting plan/timesharing. I would encourage you to obtain an attorney to review those documents and provide you with legal advice specific to your situation. If you believe that the mother and minor child are in a dangerous situation (i.e. homeless), then you can attempt to obtain emergency relief; however, you should be very cautious about seeking such relief as, in Palm Beach County, there is an administrative order regarding what constitutes an "emergency". Best of luck.
This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
Provided that their is a parenting plan from when your fiance was divorced, you should consult with counsel regarding a modification of the parenting plan and time-sharing schedule. In light of the fact that she has no place to stay and the child has been with you for 3 months, you may have a basis to modify the final judgment of dissolution of marriage.
Sandy T. Fox
Board Certified Marital & Family Attorney
It all depends on what the Final Judgment says about time-sharing in the first place. You have not mentioned what that says. And how did the ex-wife give him "full custody?" Was this done properly through a court order? Much more information is needed. Good luck.
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.