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emergency temporary custody

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rdnckcntrygyrl

Junior Member
What is the name of your state (only U.S. law)? FL

I live in Florida and was trying to find out how to file for temporary custody of minor children. My Fiance is in a situation where his ex-wife has the custody of his two children and she is trying to relocate out of state. we have already filed papers to stop the relocation until the court hearing but we have recently found out that she has been in her new residential state for the last 2 weeks and has left the children with their grandparents, she has also applied for state assistance with foodstamps and medicaid in the new state , the grandparents nor the children know when she will be back in state. My fiance (david) has not been aloud to have the children in her absence, and is only his normal visitation. We feel that it is better for the children of they were with one of their parents instead of the grandparents. What i need to know is where to find the documents and what procedures to follow to gain emergency temporary custody.

Thank you
 


What is the name of your state (only U.S. law)? FL

I live in Florida and was trying to find out how to file for temporary custody of minor children. My Fiance is in a situation where his ex-wife has the custody of his two children and she is trying to relocate out of state. we have already filed papers to stop the relocation until the court hearing but we have recently found out that she has been in her new residential state for the last 2 weeks and has left the children with their grandparents, she has also applied for state assistance with foodstamps and medicaid in the new state , the grandparents nor the children know when she will be back in state. My fiance (david) has not been aloud to have the children in her absence, and is only his normal visitation. We feel that it is better for the children of they were with one of their parents instead of the grandparents. What i need to know is where to find the documents and what procedures to follow to gain emergency temporary custody.

Thank you
You are going to get blasted on here. These guys don't like it when step parents try to help their spouses out in regards to children....
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? FL

I live in Florida and was trying to find out how to file for temporary custody of minor children. My Fiance is in a situation where his ex-wife has the custody of his two children and she is trying to relocate out of state. we have already filed papers to stop the relocation until the court hearing but we have recently found out that she has been in her new residential state for the last 2 weeks and has left the children with their grandparents, she has also applied for state assistance with foodstamps and medicaid in the new state , the grandparents nor the children know when she will be back in state. My fiance (david) has not been aloud to have the children in her absence, and is only his normal visitation. We feel that it is better for the children of they were with one of their parents instead of the grandparents. What i need to know is where to find the documents and what procedures to follow to gain emergency temporary custody.

Thank you
Your fiance needs to file for custody. Your fiance needs to pick up his children. YOU are NO ONE in this situation. YOu have no say and you have NO standing and you have no legal rights.
 

Ohiogal

Queen Bee
You are going to get blasted on here. These guys don't like it when step parents try to help their spouses out in regards to children....
She is not a stepparent. She is NOT married to the children's father.
ETA: I saw the next post you made after I responded.
 
She is not a stepparent. She is NOT married to the children's father.
ETA: I saw the next post you made after I responded.
I am learning O-B-1.. just trying to warn her... the trick is to turn off the emotion and view things objectively... totally different perspective dawg...
 

mabrown1994

Junior Member
You are going to get blasted on here. These guys don't like it when step parents try to help their spouses out in regards to children....[/QUOTE

Just curious?
I know that step parents have NO rights whatsoever in cases involving step-children, However, why is it so wrong to want to help your spouse by obtaining information that may be helpful in the best interest of the children?
 

Just Blue

Senior Member
You are going to get blasted on here. These guys don't like it when step parents try to help their spouses out in regards to children....[/QUOTE

Just curious?
I know that step parents have NO rights whatsoever in cases involving step-children, However, why is it so wrong to want to help your spouse by obtaining information that may be helpful in the best interest of the children?
It isn't wrong to help your spouse. At all. It IS wrong to insert yourself in the situation by presenting the post as your own battle. Using the word "we" is a big no-no. Also insulting the ex is not going to go over well here...
 

Isis1

Senior Member
I am learning O-B-1.. just trying to warn her... the trick is to turn off the emotion and view things objectively... totally different perspective dawg...
yes...yes it is.

OP, tell dad to go get his kids. stop giving them BACK to the grandparents at the end of visitation.

when is the hearing?

and stop saying "we". don't want yourself mixed up in all this. trust me.
 

CJane

Senior Member
I'm going to disagree only slightly, and only on a contingency.

My disagreement stems from the advice that your fiance should "go get his children". The contingencies follow:

1) Depending on the ages of the children, whether (if they're school-age) the grandparents are more able to get them to their current school than your fiance.

2) Whether the children and Mom ALREADY lived with the grandparents and so really the children have been left AT HOME with caregivers while Mom is absent temporarily.

3) What EXACTLY your fiances visitation order states with regard to his time with the children.

It might not be in the children's best interests regardless of your fiance's legal rights, to be "taken" from the GP's house.
 

Gracie3787

Senior Member
What is the name of your state (only U.S. law)? FL

I live in Florida and was trying to find out how to file for temporary custody of minor children. My Fiance is in a situation where his ex-wife has the custody of his two children and she is trying to relocate out of state. we have already filed papers to stop the relocation until the court hearing but we have recently found out that she has been in her new residential state for the last 2 weeks and has left the children with their grandparents, she has also applied for state assistance with foodstamps and medicaid in the new state , the grandparents nor the children know when she will be back in state. My fiance (david) has not been aloud to have the children in her absence, and is only his normal visitation. We feel that it is better for the children of they were with one of their parents instead of the grandparents. What i need to know is where to find the documents and what procedures to follow to gain emergency temporary custody.

Thank you
Since there is already a hearing pending on the move, your fiance can file a motion for emergency pick up order.
HE can find the forms and other info at Florida State Courts

When he goes to court he needs to bring up the issue of ex already applying for assistance in the new state.
 

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