Ask Me Help Desk - In need of assistance child custody

In need of assistance child custody

My ex wife abandoned my daughter in October of 2007 and she lives with me fulltime I filed for custody in nov 2007 and got to court in dec 2008 they still have not ruled Now my ex wife in Florida has abandoned my son 11 and I need to file some kind of emerges motion
Can anyone help

Are you in Florida also ? If you are then file for custody based on the information you have and get temporary orders to go with it. I can't imagine a custody hearing going on for a year if its uncontested. What's really going on and why are you calling it abandonment ? Was the child dropped at your doorstep ?

I would first get your son in your physical care. Where/with whom in Fla. Did your ex leave him? Go to Fla. claim him and bring him home with you. Then file a motion for custody of your son and follow up on your pending custody motion for your daughter. The more prepared you are, the faster you'll get the courts to move. Do you know of your ex's whereabouts,last known address or some sort of contact information? The court will want to know that so they can at least give her an opportunity to respond to your motions for custody. They won't rule until they've given her every reasonable chance to respond in some manner whether it be a counter-motion, etc. And if she's disappeared then obviously it's going to be difficult for the court to contact her. But first and foremost you want to ascertain that both of your children remain in your physical care so that they are properly provided for.

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I can't imagine a custody hearing going on for a year if its uncontested.

Yes, true. This should have been resolved by now. A year is more than enough time to give a parent a chance to respond to a custody motion. In the absence of any such response, it should be granted by default.

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Originally Posted by califdadof3

Are you in Florida also ? If you are then file for custody based on the information you have and get temporary orders to go with it. I can't imagine a custody hearing going on for a year if its uncontested. Whats really going on and why are you calling it abandonment ? Was the child dropped at your doorstep ?

The child stays with me for the month of June his sister has lived with me fulltime since October 2007 she just left him here I called here attorney he says he doesn't represent her anymore I cannot afford an attorney and the courts in Florida are a joke

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Originally Posted by s_cianci

I would first get your son in your physical care. Where/with whom in Fla. did your ex leave him? Go to Fla., claim him and bring him home with you. Then file a motion for custody of your son and follow up on your pending custody motion for your daughter. The more prepared you are, the faster you'll get the courts to move. Do you know of your ex's whereabouts,last known address or some sort of contact information? The court will want to know that so they can at least give her an opportunity to respond to your motions for custody. They won't rule until they've given her every reasonable chance to respond in some manner whether it be a counter-motion, etc. And if she's disappeared then obviously it's going to be difficult for the court to contact her. But first and foremost you want to ascertain that both of your children remain in your physical care so that they are properly provided for.

My Son is in my physical care do not know where the mother is called her attorney he says he doesnot represent her anymore. Have tried to reach mother No way of getting hold of her has moved

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Originally Posted by califdadof3

Are you in Florida also ? If you are then file for custody based on the information you have and get temporary orders to go with it. I can't imagine a custody hearing going on for a year if its uncontested. Whats really going on and why are you calling it abandonment ? Was the child dropped at your doorstep ?

My son stayes with me for the month of June My daughter stays with me fulltime since Octber 2007 The mother has disappeared the courts messed up on the custody hearing in December and have not ruled cannot afford an attorney My daughters mother has made no effort to contact her daughter and know she does this to her son

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My Son is in my physical care do not know where the mother is called her attorney he says he doesn't represent her anymore. Have tried to reach mother No way of getting hold of her has moved

Then file the motion and tell the judge everything you've said here. Be prepared to give the name and other contact info. For her former attorney.