I have been taking care of both of my children for the past 5 months. I have a daughter that is almost 3 and a son who is 5. The mother basically came and went as she pleased until i decided that it was enough and setup a schedule. I told her she can have them fri-mon and Ill take care of them mon-fri. Even with this schedule she would still bring them home early to go see her boyfriend (whom she cheated on me with). My mother, whom (my ex hates even though she has done so much for her) has really been a huge help with the children. We were planning on moving to maryland as soon as I sold my car. I received the check for the vehicle $18,870, which she conned me into putting it into her account as our sons birthday was that weekend and my bank would have put a hold on it for 7-10 days. She said she would give me the money right back. I found out that weekend that she was cheating on me and she ended up only giving me 8k back many weeks later and keeping the rest. My kids were much happier than I had ever seen them these past 5 months or so. She has a trasspasing warrant, domestic violence charge, she had an injunction for domestic violence due to threatening to kill my mother. Her boyfriend also had an injunction for domestic violence. Last week she called the police to have the kids removed so she could see them for an hour but now she is keeping them from me due to the tresspassing warrant my mom put on her. I spoke with her today and she said the only way I could see the children is if I gave her stuff back thats in my parents storage that they pay for. Mind you they're paying for a storage unit that has only her stuff. I really want to give it back to see the kids but I feel like she shouldn't get away with stealing all my money, not paying my parents back. I'm going to find a good attorney here in central florida to represent me. Do you think I could get a temporary order for custody while were waiting on mediation etc? I can't stand not seeing them knowing shes only keeping them because she wants to get back at myself and my mom. The kids are both upset cause they want to go back home. My son said today "daddy please come get me". I told him that i couldnt but im working on it and everything will be ok. He paused and said "daddy hold on one second and I could hear him walking away from his mother, he then said "daddy I will be at julies house today, come get me and I'll hide". This is my 5yr old son and it devistates me. Also she works 6 days a week from around 2-11 so they're with a baby sitter when they can be with family. I honestly could go on and on. Thanks for reading this long winded post. I just really want to know the process of the temporary custody in florida and if I have a good chance of obtaining it. I'm really struggling every day that she doesnt allow me to see my children. I've only been away from the for a few days since they've been born.

I can certainly understand this is a frustrating situation for you. I suggest you contact an attorney to determine your legal options. He or she best can tell you the process for getting your kids back. You can find an attorney through the locator service on LawInfo’s home page at: http://www.lawinfo.com/.

You can also browse through the information in LawInfo’s Free Legal Resource Center here: http://www.lawinfo.com/index.cfm/fus...lient.consumer, or search for your particular topic here: http://resources.lawinfo.com/index.html.

in most counties you can file a petition for emergency temporary custody yourself. The judge will then decide who the kids should stay with until the court day is set. After that you could hire an attorney. If you do this be sure to be very specific in your reason for this request. Good Luck!

I see this is an old post. I'm sure this individual probably found out when he sought out a Lawyer that the Florida Family Law has been rewritten. Custody does not exist in Florida. We now have "shared parental responsibility" with a 50/50 time split between parents as a default. Every parent has a right to 50 percent time with their child and these rights are "fundamental" and begin at the birth of the child. Judges cannot deny a parent these rights unless they have been deemed "unfit" and this means the parent has had to have been CONVICTED in a Criminal Court for child abuse or domestic violence, a felony in the last 5 years, gross Contempt (or if the parent has made a false allegation of abuse against the other parent- which is defined as an allegation that is not supported by a CONVICTION).

You can read the family law Rewrite here:

http://childrens-justice.org/papers/...write-2003.htm

I've also posted an article about it online here:

http://www.scribd.com/doc/68353803/A...-ABOVE-the-Law