Legal Question in Family Law in Florida
Change in custody Florida
My step-daughter currently leaves with her mother she is the primary residential parent. The child told her dad and I that her mom lets the dog poop in the house and does not clean it up. She also told us that her mom makes her clean it up whenever she is bad. Is this a good enough reason for the courts to change custody? Also whenever we pick the child up we can see stuff all over the house it is a mess. We are concerned for the childs health. The mother does not promote a healthy relationship between the child and father and has even discussed arguments with the child. We have a case pending for contempt charges because she will call and leave harrassing messages whenever she can't get the child on the phone right away. We have messages of her threating to call the police and everything.
3 Answers from Attorneys
Re: Change in custody Florida
Courts look at the best interest of the child in determining if the child should be placed in the custody of another. Courts look at all the facts in this analysis.
Re: Change in custody Florida
Courts look at the best interest of the child in determining if the child should be placed in the custody of another. Courts look at all the facts in this analysis.
Re: Change in custody Florida
Hello: In response to your questions:
There are several factors for the Court to consider in a custody battle. If you want to look at Fla. Statutes...Google Florida Statutes. Go to sec. 61.13 for a listing of the factors. And yes, the Court makes a determination of what would be in the best interests of the child. If the request for custody is a modification of an existing Order, the moving party has to prove there is a substantial change in circumstances to justify a change. In your situation if the environment is causing detriment to the child, that is in your favor.
In your case, it would help if you contacted DCF and have them investigate that parent's home. They would render a report. The only negative to that is she may start keeping her place cleaner (which is a positive for the child). Although someone like that would likely revert to her normal behavior eventually.
I always advise clients to keep a notebook for listing dates and explanations of (only) serious misdeeds, bad behavior or violations of the Shared Parental Responsibility provisions of the Final Judgment.
'Hope this helped. If my office can be of any assistance in No. Fla., please give us a call. Tom Rosenblum
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