WHAT ARE OUR OPTIONS

Asked about 1 year ago - Boynton Beach, FL

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

Attorney answers (6)

  1. Gregory Thomas Buckley

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . 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.... more
  2. Carin Manders Constantine

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . 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.... more
  3. Tami Lane Augen

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . 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... more
  4. Sandy Todd Fox

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . 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

  5. William Charles Rosenfelt

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  6. Edward Brandon Beckham

    Contributor Level 14

    3

    Lawyers agree

    Answered . 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... more

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