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Gemini

Member
What is the name of your state? FL

My husband is NCP w/visitation, mom is CP and mom's boyfriend has been living with CP as a family for about 10+ years.

Stepdaughter (14) has been with us for summer vacation for the last 7 weeks. It is now time for her to go back to mom, but she has been insisting that she doesn't want to go back there. Throughout the 7 weeks, the few times that she received calls, they were from the mom's boyfriend, he only let the mom talk to her once. When my husband began making arrangements for mom to pick up, the boyfriend's intereference again caused problems. The boyfriend, who continuously intereferes and insist on being the decision maker for my stepdaughter, asked my husband to talk to her while they were on the phone. When hubby asked his daughter if she wanted to talk, she became very upset. She was crying and shaking uncontrollably, her teeth chattering like she was freezing. I rushed her from the room and tried to console her. I have never seen anyone exhibit such fear! I asked her why she was upset, she told me that she was scared the boyfriend would yell at her. Considering her reaction, I asked her if that was all she was scared of, if she needed to tell me something more. She told me that he had recently pulled her hair and back handed her across the face because he found out that she had a Myspace profile(monitored by hubby). Hubby who was still talking to the boyfriend immediately hung up when I told him what she had said. He contacted CPS and an investigator came out to talk to her yesterday (the next day). Mom and boyfriend showed up that evening (last night) with a sheriff to force pick up, technically visitation ends on Monday @6pm. After talking to both partied and speaking with my stepdaughter he suggested everyone file with the court and left the child in our care and made the mom and boyfriend leave. I need to know what papers my hubby needs to file, other than an injunction against domestic violence, to prevent daughter from returning to mom's home. I should also mention that there is a chance that mom would take the daughter and move out of state as she is currently employed temporarily in another state. Is there an emergency temporary change of custody form in FL? Husband wants to file first thing in the morning, but is willing to chance contempt in order to protect his daughter until a temp order can be made. Any suggestions would be greatly appreciated.
 


LdiJ

Senior Member
What is the name of your state? FL

My husband is NCP w/visitation, mom is CP and mom's boyfriend has been living with CP as a family for about 10+ years.

Stepdaughter (14) has been with us for summer vacation for the last 7 weeks. It is now time for her to go back to mom, but she has been insisting that she doesn't want to go back there. Throughout the 7 weeks, the few times that she received calls, they were from the mom's boyfriend, he only let the mom talk to her once. When my husband began making arrangements for mom to pick up, the boyfriend's intereference again caused problems. The boyfriend, who continuously intereferes and insist on being the decision maker for my stepdaughter, asked my husband to talk to her while they were on the phone. When hubby asked his daughter if she wanted to talk, she became very upset. She was crying and shaking uncontrollably, her teeth chattering like she was freezing. I rushed her from the room and tried to console her. I have never seen anyone exhibit such fear! I asked her why she was upset, she told me that she was scared the boyfriend would yell at her. Considering her reaction, I asked her if that was all she was scared of, if she needed to tell me something more. She told me that he had recently pulled her hair and back handed her across the face because he found out that she had a Myspace profile(monitored by hubby). Hubby who was still talking to the boyfriend immediately hung up when I told him what she had said. He contacted CPS and an investigator came out to talk to her yesterday (the next day). Mom and boyfriend showed up that evening (last night) with a sheriff to force pick up, technically visitation ends on Monday @6pm. After talking to both partied and speaking with my stepdaughter he suggested everyone file with the court and left the child in our care and made the mom and boyfriend leave. I need to know what papers my hubby needs to file, other than an injunction against domestic violence, to prevent daughter from returning to mom's home. I should also mention that there is a chance that mom would take the daughter and move out of state as she is currently employed temporarily in another state. Is there an emergency temporary change of custody form in FL? Husband wants to file first thing in the morning, but is willing to chance contempt in order to protect his daughter until a temp order can be made. Any suggestions would be greatly appreciated.
Try here:

http://www.flcourts.org/gen_public/family/forms_rules/index.shtml

Otherwise, go down to the courthouse first thing in the morning, and ask for the forms to file for emergency, temporary custody, fill them out, and immediately file them.
 

Gemini

Member
Now what?!?

My husband went to the court house first thing this morning to file for a domestic violence injunction. That part is done and he is waiting for a decision. He also wanted to file an emergency temporary custody order, but the flcourts.org website did not have a form for that. We researed online and typed up our own order to file. The clerk stated that he was missing an "order" but that she couldn't tell us which one, I assume it is an order to show cause? She sent us to the local law library that helps determine which forms are needed. Well they were closed permanently in that location and will reopen next week somewhere else. We have been unable to find any example forms for emergency temporary custody in FL so far. Can anyone give us a clue what to do next.

The clerk of court stated that they did not have access to the emergency temporary custody forms.
 
Last edited:

LdiJ

Senior Member
My husband went to the court house first thing this morning to file for a domestic violence injunction. That part is done and he is waiting for a decision. He also wanted to file an emergency temporary custody order, but the flcourts.org website did not have a form for that. We researed online and typed up our own order to file. The clerk stated that he was missing an "order" but that she couldn't tell us which one, I assume it is an order to show cause? She sent us to the local law library that helps determine which forms are needed. Well they were closed permanently in that location and will reopen next week somewhere else. We have been unable to find any example forms for emergency temporary custody in FL so far. Can anyone give us a clue what to do next.

The clerk of court stated that they did not have access to the emergency temporary custody forms.
Just use a regular form for a custody modification and add, emergency, temporary at the top. Don't get so hung up on the forms that you don't get this done.
 

Gemini

Member
Thanks! Never thought of that!!! I've been going crazy searching for something to file. I really appreciate the advise. Thanks again!!!:)
 

Gracie3787

Senior Member
Gemini;1676893 The clerk stated that he was missing an "order" but that she couldn't tell us which one said:
The order the clerk was probably referring to would be a copy of the existing custody order. Any time a supplemental motion or petition is filed requesting a modification or enforcement of an existing order, a copy of that existing order must be attached to the motion or petition.
 

Gemini

Member
Thanks for the "order" info. It is aggravating knowning that the clerk can't help and the only help is closed for the next week. I will definitely make copies. Thanks again!
 

Gemini

Member
We filed for both the injunction for domestic violence and emergency temporary custody. The injunction was neither denied or granted but is pending a hearing in August. The judge said that he would not hear the temporary custody petition as an emergency but would that he would hear it. So I don't know what my husband should do now. It appears that mom went back to Tennessee so he shouldn't have to worry about her filing anything right away. Since he is the legal father, can he enroll her in school if she is still here and nothing has been resolved?
 

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