Legal Question in Family Law in Florida

Belittling me and disparaging my relationship with my children

I have temporary custody pending resolution of my petition to modify custody. Since my children have been living with me, my ex-wife has been making grandiose promises of all the great things she will buy them if they go back to her. Then she told them they will have a chance to speak to the judge to tell him that they want to come home. Currently the children are undecided. They're also too young to make that decision, in my opinion.

In addition, she has been telling them that they are unsafe while they are living with me (don't know why, seriously). She is saying most of these things via email to my daughters so I have it in writing.

Yes, I know I need to ''notify the judge by way of motion,'' however what should it be called. ''Motion for ________?''

And what kinds of relief should I ask for? Psych eval? Retake parenting class? Order to refrain from that behavior? Limited communication until custody is determined? (I don't want to limit communication.)

Belittling and disparaging is nowhere to be found in our final judgment so I don't think contempt is an option.

Since I have this in writing, it's easy to prove but I know it's hard to enforce. But it would certainly help the judge decide who should get custody.


Asked on 7/27/08, 5:01 pm

1 Answer from Attorneys
Alicia Santana Torres Santana Torres Law Offices, PL

Re: Belittling me and disparaging my relationship with my children

Absolutely, ask for all of the above "and whatever remedy the court deems appropriate" -- leave it up to the judge, they will not look kindly upon this. You can call it a "Motion for Psychological Evaluation and Other Relief". Titles are not difinitive, just helpful ... there are not a limited number of titles you can use. Good luck.

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Answered on 7/29/08, 11:02 am


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