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  1. #1
    Join Date
    Oct 2010
    Location
    Port St. Lucie florida
    Posts
    10

    Exclamation Answering an Injunction

    My question involves a child custody case from the State of: ME, child and mother in FL

    After getting a temporary protection from abuse order against my ex, a permanent agreement was reached stating...2 yr protection order. No visitation of my 5 month old with ex or his family members until he completes anger management and substance abuse counseling. Visitation after that point is to be supervised. Agreement to telephonic appearance for me in family court, as I had to spend 2 weeks with my child in a violence shelter and then flee to Florida to my family because ex was seen outside the shelter.
    I just got served with a preliminary injuction to establish paternity and establish parental responsibility. Man in question is not on birth certificate, a father is not named. I am still legally married to another individual, and DCF here in Florida is taking steps to exclude him as the father and then prove my ex as the father to collect child support. I however want to be sure that the visitation (supervised) and drug and anger classes are maintained during this. I also would like to get whatever parental responsibilty entitles me to decision making. My question is do I want to oppose any of this action, or do I simply answer, get a court date and deal with this then??
    Thank you in advance...I know this is tangled.

  2. #2

    Default Re: Answering an Injunction

    Even if/when he is established as the legal father for child support purposes, allowing the state to go after him for money, your standing injunction will still be in effect as ordered by the court. You really can't oppose the state's action, but really have no need to, as it won't materially alter that you'll still be the child's parent with primary (sole for now as long as the order stands) and legal custody. The only way the state's pursuit of him in this matter impacts you is that you'll be required to get the child in for the test if dad disputes paternity. Beyond that this will really be the state's ball game and your status as prima facea custodian will remain intact until such time (if ever) that the order is ever changed or removed. In other words, the state's case for his money won't impact visitation or undermine the order you already have in hand.

  3. #3
    Join Date
    Oct 2010
    Location
    Port St. Lucie florida
    Posts
    10

    Default Re: Answering an Injunction

    Even though the order I have in hand is from a protection from abuse order hearing? The date of the family court injunction was FILED 9-6-10 but not served till yesterday 10-6-10. My Protection from abuse Temporary order was filed 9-9-10 and the hearing was 9-27-10. Should I just answer this paperwork and wait to recieve a courtdate then? In the abuse agreement it was also agreed that I could appear telephonically from Florida. Thank you for the quick response!

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