Legal Question in Family Law in Florida
Child custody
Divorced 4 yrs ago, mother given primary residential custody of child. Child never lived with mother, but with grandmother. Father is given no medical information on child, he's only informed to pay child support to the mother, in which the child doesn't even live with. Grandparents won't give him up to father. Father has no money for lawyer. Grandmother does have money though and will fight it all the way. Grandmothers house has unsavory people living there along with child. Not good environment. Child expresses he wants to live with father and step mother and just visit grandma. He has no feeling for his mother. She won't have him in the same house with her, her new husband, and her 2 other children. She is keeping child from the father out of spite because he divorced her. What are our alternatives?
1 Answer from Attorneys
Re: Child custody
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You will need to go to court and fight the mother for custody with a motion to modify the custody order. The mother has shown her inability or lack of desire to care for the child. Now is your opportunity to go in and prove to the court that the child's interests would be better served by residing with you.
Unfortunately, this will mean retaining an attorney who knows the law and how to present your case. You will probably not have much success doing this yourself.
Scott R. Jay, Esq.
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