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  1. #1

    Default What's the Effect of an Emergency Custody Order on Prior Custody and Support Orders

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

    Greetings,
    I was granted an emergency custody order from almost 4 years ago of our 2 sons (ages 9 and 5 at the time) while my ex was doing a 90 day alcohol re-hab. ( her 3rd re-hab). I have taken care of all of their needs since that time. We had a 50-50 joint custody order from the divorce decree. Under the original terms, I was to pay her about 400 a month in support ( crazy of me_ she couldn't support herself).
    When I filed the emergency order, it was granted and it also (amended/voided?) the original terms of the decree I would assume. Since that time, I filed for child support and was granted it from the state hearing officer about 3 years ago. She has NEVER paid a dime to me and has had her license suspended, IRS refund taken, everything short of her going to jail. (She says she would rather be in jail than give me 400 a month in support for 2 kids!)
    Ex has since moved to another state with her unemployed live-in boyfriend about a year ago and heres the issue...

    She says that she is going to petition Florida for joint custody and a dismissal of child support to us that was granted in the emergency order. She also says she is going to petition for back support from the original divorce decree.She says she's saved the money up from not paying support to hire an attorney with!
    Do you think the state of Fl would allow this? Considering that I've taken care of them by myself with no child support from her, ever. Her 3 re-habs, ( says she's sober 6 months this time) and that she's never contested the emergency custody order from years ago. She wants them the whole summer, spring breaks, Winter breaks and wants to pay no support. They would stay in her boyfriends mobile home ( trailer) while visiting. Needless to say, I;m going to do everything I can to prevent it.
    The boys have NO relationship with her, don't want to stay with her as well. If she files this what do you think her chances are and what should I do to prepare, if it does come to pass? Any advice at all would be appreciated

  2. #2
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    Default Re: I Have a Emergency Custody Order Granted to Me for My 2 Sons-Ex Wants to Change I

    Not likely at all. In fact, the court might throw the book at her for contempt. The court will not order she be given retro cs, for a period you had custody of the children.

  3. #3
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    Default Re: I Have a Emergency Custody Order Granted to Me for My 2 Sons-Ex Wants to Change I

    She will get visitation - that's pretty much guaranteed. She's actually fairly accurate in what she's wanting...eventually the boys will end up going for the summer, spring break, winter break (with alternating holidays). That's pretty standard NCP visitation. However you can request that at least initially, visitation will be supervised and graduated and will take place in your community as part of a reintroduction plan. Then - assuming all goes well - you should expect standard NCP visitation schedule to be ordered.

    The boys unfortunately don't have a choice here - while their wishes might (at least the eldest) carry some weight in an initial custody determination, when it comes to visitation it's incredibly rare for the judge to leave it at the child's discretion. Generally for that to happen the child has been severely abused by the visiting parent.

    She will also be paying child support if you pursue it. It does however sound like she's either educated herself or that she's spoken to an attorney - here's why I'm saying that:

    Your emergency order did not automatically void/negate the original decree. Everything in the original decree still stands EXCEPT whatever was specifically changed when you got the emergency order. In other words, if child support wasn't addressed in your new orders, the original child support order stands. However, given that you've since gotten a NEW support order, even if the court awarded her back pay (which technically she might be owed since the order doesn't appear to have been stopped), you can simply request that it's offset against whatever she owes you.

    She won't gain much, in other words.


    (Yes, it's possible for two child support orders to be in effect!)

  4. #4
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    Default Re: I Have a Emergency Custody Order Granted to Me for My 2 Sons-Ex Wants to Change I

    It would appear that a single court has had jurisdiction over these proceedings, such that its order that your ex- pay child support to you would have been a modification of its prior order. Even if that order was intended to be temporary, if it remains in effect it's still binding.

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