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 make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
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 not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.
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.
B. Elaine Jones, Esq.
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