My question involves child abuse or neglect in the State of: Florida
My sister is in deperate need of advice. She has spent over $60,000 fighting to protect her kids. She is out of money and has a very important court date coming up next week. This is a VERY long and complicated story, but I will try to make it as short as possible. I can't give a lot of information in a public place. If you need more general info. for clarification, please let me know.
*Original divorce and custody matter was heard in county A
*Sis now lives in county B.
*They have shared custody and visitation from county A.
*The kids have lived in county B with Sis for approx. 2 months and are now well-established in the community.
*A motion requestsing jursidiction be moved from county A to county B is on the desk of the judge in county B. It has not yet been granted.
*Legal Aid will not take the case because "it is too complicated".
Sis has a restraining order against exBIL from county B. banning him from any contact with her or the kids. (there was witnessed physical abuse) The judge ruled against exBIL in regards to a rehearing to overturn the order.
Prior to the restraining order being filed by Sis., exBIL had filed an order in county A. requesting Sis's visitation rights be terminated on the basis of parental alienation. I can't say why that is being alleged, but I can say that it is false. This is one of many baseless motions he has filed...one of the reasons she is now out of money.
Sis must now go to court in county A. for the hearing. It has been very difficult for Sis to get folks in county A to believe the orignal abuse allegations as the kids were not old enough to testify even though the doctor and the detective believed her and the kids. She will not have an attorney with her at this hearing. She is afraid that the judge will think that she filed the restraining order as a manipulative move...which is not true.
My question is: Can the judge in county A terminate her visitation? If by some awful chance he does, what happens to the kids if there is a no contact order in place for the dad? How can she convince the judge in county A. to allow the tranfer of jurisdiction to county B?