Legal Question in Family Law in Florida

Re: child custody

Any time you have children out of wedlock, you should seek a judicial order detailing custody and child support, and in instances where visitation isn't going to be quickly agreed upon, an order on visitation. It is not likely that you would ever be able to prevent the father from having visitation with the children, but it does sound like you have some basis for your desire to limit that contact as much as possible.

There are several reasons that you should start this process before his release from prison. First of all, you want to know, and put the father on notice as to what contact is going to be allowed once he is released, and you will need to prepare you children for that contact. Second, while he is in prison, you probably have a strategic advantage over him.

His prison record will not work to limit his parental rights, but it may be used to justify denying him full custody, at least untill he demonstrates that he can maintain a home and employment that will allow him to provide a residence for the children.

A draw back to intiating the case while he is in prison is that a judge could order visitation to begin while he is still in custody.

I would need to know more to fully advise you, but based on the information provided, I would recommend initiating the process in enough time to get an order prior to his release.