Expert: Jeff Laatsch - 10/22/2009

Question
I have been married to my wife 10 years next month.  When we met she was married and had a son.  When she moved in my Step-son was 6.5 months old.  He is now 11.5 years old.  I was never allowed to adopt him.  His biological father has never had anything to do with him and hasn't seen him in almost 5 years now.  My wife and I have a child together, I have been ordered 100% time sharing custody of him in Florida.  However, my wife took off 5 days ago without a word and took both the boys with her.  She has a Domestic Violence hearing on MOnday the 26th, where she is going to be served the injunction for the order.  As soon as she is served she will be arrested.  Will I be able to get custody of him while she is in jail?

Answer
William:
DISCLAIMER:
I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county/country.

Hmm 11.5? Interesting I never knew child have 1/2 ages?

OK, Unlikely because unless you can prove to the courts that Biological DAD or closet relative on DADS side is unfit to raise children you are counted out.

HOWEVER< Don't give up hope!

I strongly recommend hiring a Professional Attorney: Most Attorneys offer 1/2 free consultation time to discuss case and payment options.

Work with Attorney to determine county laws that would allow you to assume custody: OR File a petition for modification of Custody naming you as primary care giver: IN THIS CASE it would most likely go to trial so be prepared for a long haul.

Kind Regards,
Jeff