Legal Question in Family Law in Florida

I am a 22 year old mother of a one year old daughter,i am currently engaged. I am wondering what is my legal rights to the custody of my daughter in the state of Florida. I wanting to seperate from him due to the fact im not happy anymore with him he belittles me and cant take the mental abuse anymore. I have no job,I honestly have no income,and no place to live with my daughter.I don't know where to begin looking for advice i've researched but honestly don't understand any of the information. My finacee tells me i wont have any chance of getting my daughter because i dont have anything to give her and he says he'll tell the court im a unfit mother because im taking Pristiq for depression but i feel if i left him i wouldnt need them,and honestly my little girl is my life i love her to pieces,and i would do anything to make sure shes in good hands and me saying that is because his parents are both very addicted to oxy cotton and other pain mediciations and always out of it and i dont want my daughter raised around that i would fight til i have nothing left of me.I know thats who would watch her if im out of the picture and i want my daughter to have the best life she can possible have.Where should i begin.I know i need to get a job but right now nobody can watch our daughter in order for me to get a job so im a stay at home mother,and i care for my daughter everyday all day long im the one who puts that smile on her face right before she goes to bed everynight and feeds her first thing every morning.Please help me with some advice i would greatly appreciate it.And God bless you for all your help. Nicole.


Asked on 11/10/09, 2:39 am

2 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

The court will decide what is in the best interest of the child. You can take your daughter with you when you leave, and you can keep her with you until a court tells you otherwise. Your fiance (soon to be ex) may file a court action to establish paternity and visitation. If custody is an issue, you should definitely have an attorney to help you. You should also have an attorney to establish a child support order.

I am sure that it will be difficult, especially at first, but you should try to network with people who can help you. You will need to get a job, and you will need to find a place to live. Stay with friends or family for a couple of months if you possibly can. Apply for food stamps and other government aid (not only welfare, but also section 8 housing). Some churches have free daycare or other support for single moms. You may also be able to team-up with another single mom, and you can watch each other's kids while the other mom is at work.

I wish you the very best of luck.

Regards,

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Answered on 11/15/09, 10:10 am
Lucreita Becude Lucreita D. Becude, P.A.

All is not lost. What your boyfriend is doing is considered a form of domestic abuse. Contact the domestic abuse hot line in your area. Have them help you move out and take your daughter with you. They will be able to help you get reestablished and on your feet. You can file for child support, custody and supervised visitation as long as he is on drugs and/or otherwise abusive. Either way, you will be on your own with your daughter.

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Answered on 11/16/09, 11:52 am


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