Legal Question in Family Law in Florida

Child custody

I have been diagnosed with breast cancer & will be having surgery this week. Can my ex-husband use this against me in our custody battle?


Asked on 8/25/08, 3:03 pm

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Child custody

I am sorry to hear of your diagnosis, and wish you the best recovery possible.

I am sure that your husband will mention it. However, your diagnosis of cancer by itself should have no impact on your fitness as a parent. It will probably be used, if at all, in attempt to show that you are not going to be able to care for your child while caring for yourself.

The standard the judge must follow is "the best interest of the child", you and your lawyer will have to show that your treatment will not interfere with taking care of the child. Of course there could be other factors which you have left out of your post which could impact the outcome of your custody suit.

If you do not have an attorney, I would suggest that you retain one sooner rather than later.

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Answered on 8/25/08, 6:54 pm


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