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Posted Feb 5th, 2012
Can I file for emergency temporary custody?

Additional Details:
My ex wife and I have been divorced for over 7 years. In the divorce, she was granted primary
custody and I paid child support. My ex wife moved away and I have had our daughter for 6 years
with no support from my ex wife. I recently filed for modification so I can have custody of our
daughter and my ex wife will have to pay child support, ( she has refused to help support our
daughter). When I filed for modification,and my exwife was served with the lawsuit, she threatened
me in a text message that her attorney advised her to come take our daughter. As the divorce was
finalized many years ago, and I never filed for custody ( I knew my ex would get nasty and try to
take our daughter from me), and now my ex wife is threatening to take our daughter only after I
asked for support, can I file for emergency temporary custory so my ex cant take my daughter??
Legal Topic Area: Family Law in FL

Yes, and you should. You should also file a motion to modify timeshare. Emergency relief is rarely granted, but at least a judge will see that you are filing to change the custody status and will be more attentive to your concerns. You need to modify the timeshare ("custody") and support status, anyway. You should speak to a lawyer immediately.


Answered on Feb 7th, 2012 at 2:14pm