Ask Me Help Desk - Child Custody

My fiancé is divorced in Florida and they have duel residency of their son. They both love their son, but can’t stand each other. He is in violation of the divorce papers and she has not seen her son unsupervised since Mothers day. He has been mentally abuse of to her and is now not letting her talk to her son on the phone. The son has taken the divorce very hard, and she does not want to get the cops involved in the son’s presents. The father is reopening the order to have primary resident and her to have supervised visits just to tick her off. In the summons one of the things he stated that she refuses to see her son, and I have been with her many times when she is on the phone and he comes up with something at the last minute so that she can’t see him. (and he always uses something that the son wants to do so she will not say no because it is something that the son would want to do, like he would buy tickets to a theme park for the time she is to see him.) She is to meet with her Ex and his attorney today, and I am going with. The son is almost 10 years old.
1. Do I have a legal right to be there with her for support? If so is there a legal document I can print out to have them sing that they refuse to give her that right for me to be there? (Just so they don’t try to legal bully us if they say that does not matter in this case.)
2. My understanding is that the custody agreement that was put in the divorce papers is still in effect as no court date has been set, if so what are the legal terms that I can tell his attorney that he needs to advice his client that he needs to up hold the Divorce papers or he is in big trouble?

I hate to say this, but don't think you have a valid legal right to involve yourself in these transactions. If you were married I think it would be a different story.

Does your fiancé have a good legal counsel to attend this hearing with her ?

Quote:

Originally Posted by tickle

Does your fiance have a good legal counsel to attend this hearing with her ?

Nope :( Like I said he has Emotinal worn her down and she just wants to see her son. She is finely going to get legal counsel but she will not be able to see that until after the meeting, and I'm afraid if I'm not there she might just sing the papers just to see her son.

I am glad you are on her side as completely as you seem to be. You can only ask if you can sit in, but I don't think that will likely be allowed. I am sorry to say this under the circumstances. Will she be talking to her legal counsel at all before the meeting, because she has to be aware of her rights, she is the birth mother.

This seems to be a one sided situation and it sounds unusual that she would be closeted with his lawyer and her ex. Will there be a judge in attendance ? As far as I know, she can demand legal counsel be present to hold up her side.

Quote:

Originally Posted by Nneuromancer

My fiancé is divorced in Florida and they have duel residency of their son. They both love their son, but can’t stand each other. He is in violation of the divorce papers and she has not seen her son unsupervised since Mothers day. He has been mentally abuse of to her and is now not letting her talk to her son on the phone. The son has taken the divorce very hard, and she does not want to get the cops involved in the son’s presents. The father is reopening the order to have primary resident and her to have supervised visits just to tick her off. In the summons one of the things he stated that she refuses to see her son, and I have been with her many times when she is on the phone and he comes up with something at the last minute so that she can’t see him. (and he always uses something that the son wants to do so she will not say no because it is something that the son would want to do, like he would buy tickets to a theme park for the time she is to see him.) She is to meet with her Ex and his attorney today, and I am going with. The son is almost 10 years old.
1. Do I have a legal right to be there with her for support? If so is there a legal document I can print out to have them sing that they refuse to give her that right for me to be there? (Just so they don’t try to legal bully us if they say that does not matter in this case.)
2. My understanding is that the custody agreement that was put in the divorce papers is still in effect as no court date has been set, if so what are the legal terms that I can tell his attorney that he needs to advice his client that he needs to up hold the Divorce papers or he is in big trouble?

No, you have no legal right at all to be with her during any meetings. For that matter, it might be inappropriate for his Attorney to talk to you.

She SHOULD have an Attorney present. She's, quite frankly, foolish if she meets with her ex and his Attorney without legal counsel, particularly if she's as emotionally bullied as you have described. She is liable to sign just about anything they hand her.

I don't understand if they have joint custody (which I think is what you mean by duel residency) why she hasn't petitioned the Court to see her son. Mother's Day was six weeks ago! Why a meeting? Why not just back to Court?

Does the father have physical custody (does the child live with the father)?

If someone is in violation of a Court order (which visitation is) you don't "negotiate" or "meet" with them and their Attorney - you go back to Court and address the violation.

I see time being wasted here with no good result in sight.

Thanks :( and it is just at his attorney's office with him. A formal meeting from my understanding.

Quote:

Originally Posted by Nneuromancer

Thanks :( and it is just at his attorney's office with him. a formal meeting from my understanding.

Why? Why would she meet with someone who is uncooperative, who has psychologically abused her, who is withholding her son in violation of a Court decision AND HIS ATTORNEY without legal counsel?

Do you think the Attorney is going to be on her side, looking out for her best interests - or defending/protecting the client who is paying him?

Sorry to be harsh but did you read what I wrote earlier?

Quote:

Originally Posted by Nneuromancer

if so what are the legal terms that I can tell his attorney that he needs to advice his client that he needs to up hold the Divorce papers or he is in big trouble?

Excuse me? Why would YOU be giving legal advice to an attorney. You have that backwards. Her attorney should be advising her!

I disagree with Judy here, I believe you can attend this meeting at your fiancee's request, but you will have no legal standing. You can advise your fiancée, but nothing more. But I agree with Judy that it would be foolish to attend this meeting without legal counsel there. I also agree in not understanding the nature and purpose of this meeting. If there is a court order in place that is not being adhered to, then she should be petitioning the court to enforce the terms of the court order.

So the bottom line is get an attorney BEFORE this meeting. Follow the attorney's advise about whether to go ahead with this meeting. Get the attorney to petititon the court for enforcement of court order for visitation.

Quote:

Originally Posted by ScottGem

Excuse me? Why would YOU be giving legal advice to an attorney. You have that backwards. Her attorney should be advising her!.

I disagree with Judy here, I believe you can attend this meeting at your fiancee's request, but you will have no legal standing. You can advise your fiancee, but nothing more. But I agree with Judy that it would be foolish to attend this meeting without legal counsel there. I also agree in not understanding the nature and purpose of this meeting. If there is a court order in place that is not being adhered to, then she should be petitioning the court to enforce the terms of the court order.

So the bottom line is get an attorney BEFORE this meeting. Follow the attorney's advise about whether to go ahead with this meeting. Get the attorney to petititon the court for enforcement of court order for visitation.

I'll be curious what happens - having the OP in meeting would (I think) go against the interests of the client the Attorney is representing, it's the Attorney's office, he/she gets to make the rules.

I think a person is entitled to have anyone they wish attend such a meeting as their support. Its possible the father's attorney will refuse him aiccess, in which case, they both should walk away. But I don't think the mother should be going to this meeting with legal representation.

Whoops, mea culpa That should have been withOUT legal representation.