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  1. #1
    Join Date
    Jun 2008
    Posts
    26

    Default Ex Awarded Temporary Emergency Custody

    My question involves a child custody case from the State of: Florida

    My ex-husband brought a petition against me earlier this year to get custody of our daughter. Two weeks ago, he brought an emergency motion in front of the judge and was awarded temp custody. Since there was a big change in my living situation, i had not been in touch with my attorney. However, my ex had known about it for several days and only informed me the day before on the hearing, eventhough i had called him about our daughter before that time. I was unable to make the hearing and do not know what was discussed. I was told my attorney tried to drop me but the judge would not allow it at that time.

    We are due back in court and I dont know if my attorney will be representing me or not, as we have not been in touch. I know that my ex will be bringing up my drug use...as that is how the motion got started. I have gone on methadone (for pills not herion) and am in outpatient treatment for that. He keeps saying that it will not be enough as I need more treatment (AA NA and the like) however, I do not have a way to get to those meetings and was told that it woudnt it enough. He has told me the judge might not look at methadone treatment as enough...which seems like it would be a violation of my rights.

    My questions are this. If my counceler at the clinic feels methadone treatment is enough, why wouldnt a judge? If I dont drink without AA (have been clean 7 days now) why would they say I need it? How could they have awarded him custody without me there and me only knowing about it the day before? And if my attorney drops me, how can the hearings be continued? Dont I have the right to an attorney? I want to ask for the hearing to be moved to a later date since I might not have representation. What are my chances of getting custody back? THe reason I went back to using is b/c he had not paid child support and my stress levels were high. Doesnt he have to share the blame? And wouldnt the non payment if CS (about $1000) be taken into account?

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Ex Awarded Temp Emergency Custody

    You NEED to contact your attorney ASAP.

    Attorneys are not provided for any party in a custody case. You'll either have to rehire your old attorney, find a new one, or go into court pro-se. The latter is definately not a good idea. You truly do need an attorney.

    The CS arrears may or may not be a factor. However, legally, the Judge cannot do anything about the CS until a pleading is filed (either a modification petition, or a motion for contempt).

  3. #3
    Join Date
    Jun 2008
    Posts
    26

    Default Re: Ex Awarded Temp Emergency Custody

    Apparently my attorney wants to come off the case one way or another, he states since I have been in touch with my ex-husband there is no reason why I was not in touch with him. We are due back in court this week and I am not sure of what to expect. Will I be able to ask the judge for more time since I will not have an attorney and do not know exactly how I am going to be correcting a lot of the problems that my ex husband has addressed in the petition? I simply need more time to get things together. I still do not understand how they had the original hearing with out me there and me only being notified the day before.

  4. #4
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Ex Awarded Temp Emergency Custody

    What are my chances of getting custody back? THe reason I went back to using is b/c he had not paid child support and my stress levels were high. Doesnt he have to share the blame? And wouldnt the non payment if CS (about $1000) be taken into account?
    With or without an attorney right away and this outlook on things that are going on with your life, I would expect that the ex is going to get more than temp emergency custody. Look, it's been a week or so and good for you, I pray you get your act together, but in the whole scheme of things, the childs best interest is with the ex unless he too is using drugs. YOUR actions got you here. Stress is a normal part of life and it's not normal for people to turn to meth bc the ex caused them stress. The reason NOT to go back to using WAS your daughter. He DOES NOT have to share the blame, it's all on you!

    I'd also like to add that a judge CAN require you to go to more counciling.

  5. #5
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Ex Awarded Temp Emergency Custody

    Quote Quoting mhatter
    View Post
    Apparently my attorney wants to come off the case one way or another, he states since I have been in touch with my ex-husband there is no reason why I was not in touch with him. We are due back in court this week and I am not sure of what to expect. Will I be able to ask the judge for more time since I will not have an attorney and do not know exactly how I am going to be correcting a lot of the problems that my ex husband has addressed in the petition? I simply need more time to get things together. I still do not understand how they had the original hearing with out me there and me only being notified the day before.
    Yes, if you wish, you can ask for a continuance for time to find another attorney. The problem with that is going to be the longer children stay with ex, the less likely that custody will be returned to you.

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