Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I have an open case with the courts in which I am trying to get supervised visitation between my daughter and her father because I have had it with all of the incidents that have happened with my daughter and him over the last 3 years. I have over 7 documented incidents where he has been under the influence or alcohol and I have either had to retrieve her, find her or she has called me and I went to go get her because he was drunk and could not supervise her effectively. This last time she called me and she begged me to “fix him” before she ever goes back again. I have a lawyer, he has a lawyer and all of this is still awaiting to go before a judge. One of the main things I have wanted is for him to sign an agreement that he will not be intoxicated in her presence and to have some other adult present at all times. He refuses to sign this. She has not seen her father in 6 weeks and I guess he knew better to stay away after I retrieved her and then ope ned the case. But yesterday he showed up with a, officer an hour after normal visitation starts and demanded his daughter. I refused and I told all of this same info to the officer and showed him all of the records. They went away. Another officer told me a while back even before I retained my lawyer that my justification was Florida Statute 787.03 which states that keeping a child from a parent if justified, “if the parent reasonably believes that his or her actions were necessary to preserve the child” and “the child was taken away at his or her own instigation”. I tried to call my lawyer this weekend but he is not around. Could I end up arrested for this?”
Question: For a definitive answer on this, you would need to consult with a Florida attorney, but it seems that if the police showed up, and went away again, and *didn’t* arrest you, then you have your answer.
