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Does my friend need an attorney, she's in CT, her dgtr's in FL w/her father. Issues of Domes Viol & Phys & Emotional Abuse

Terryville, CT |

My friends daughter is currently living w/her father in FL. She's living in CT. Her daughter just brought to her attn that her father is being physically abusive. She told her that her father punched her in the face twice, broke her glasses. She cannot reach her or anyone at the house. He took all forms of communication away. We are afraid & feel that she's in danger. She called the FL Police Dept. to check on her. She called again to follow up , because she want to know if her daughter's safe. The Police Dept told her that cannot discuss any details of the case. IT'S HER DAUGHTER, SHE FILED THE COMPLAINT. They have joint custody PLEASE HELP. SHE DOESN'T KNOW WHAT SHE CAN DO!

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Attorney answers 3

Posted

She needs to get a lawyer immediately to file an emergency motion. she should also provide the police in Florida with a copy of the custody agreement so that they understand that she has joint custody and therefore they should be able to tell her about the well being of her child.

Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

Posted

If there is joint custody she can file a Motion in Court. It also depends how long the daughter has been "residing" in Florida. Hopefully not too long so that your friend can claim CT still has jurisdiction over the child. Feel free to have your friend contact me at attymccabe@gmail.com or call 203-377-4111 to discuss this matter further. Regards, Thomas McCabe

Posted

As counsel pointed out, jurisdiction is important here. You do not indicate in which state the custody was determined - FL or CT. Has the daughter ever lived in CT? As Atty McCabe pointed out, if the custody order is from CT and if the daughter has been living outside the more than six months, the proper venue may be FL. She needs to speak to a family lawyer here in CT for a detailed opinion. Too many important facts are missing here. Please feel free to have your friend call me. (860) 242-2221

Brian S. Karpe, Esq. (860) 242-2221 Note: This response DOES NOT constitute legal advice and therefore no specific action should be taken in reliance thereon. No attorney-client relationship is created through this response. You should speak to an licensed attorney in your state who is competent to answer your question before taking any action with regard to this question.