Can my boyfriend get emergency child custody? 3 Answers as of July 11, 2013

My boyfriend has shared custody of his daughter, but her mom just went into drub rehab for 30 days, there have been 4 DCF calls made due to abusing prescription medication etc., and she currently has an open case in Levy county. His daughter does not want to go back with her mother when she gets out, in fear that her mom will go back to the boyfriend who was abusive to mom and the children (he punched mom in the face and that is why she went into rehab, she has no where to live). My boyfriend has to register his daughter in school, but according to the custody order in place has to use mom's address to do this, mom will be homeless when she gets out, her mother told us yesterday that she cannot take her in because they are losing their home. Can my boyfriend get emergency custody so that he can give his daughter a safe home, get her in school and will the judge listen to her, she is only 8, but way too grown up for her age?

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Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If his rights as the biological father have been established (either through a paternity action or DOR action), then he can file a Motion for Emergency Temporary Custody. Presuming paternity and timesharing have already been established, he should also file a Supplemental Petition for Modification based on the change of circumstances. He should consult with an attorney in his area to assist him in the process, in order to ensure that the proper paperwork and motions are filed, and the evidence properly presented to the Judge.
Answer Applies to: Florida
Replied: 7/19/2011
Michael D. Fluke, P.A.
Michael D. Fluke, P.A. | Michael D. Fluke
Under these circumstances, very likely. He needs to take action now. I suggest he consult a local Family Law attorney to discuss his case in greater detail and learn all of his rights and options. Good luck.
Answer Applies to: Florida
Replied: 7/19/2011
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