Legal Question in Family Law in Florida

child custody in Florida

my wife and I married one year ago, at which time she filed a motion to relocate with her now 4 year old son from Key West, FL. to Atlanta, Ga...she was primary custodian and the child had spent 85% of the first 3 years of his life with his mother who always encouraged participation of the father...for some inexplicable reason, the judge denied the motion to relocate (11/9/07) & notified my wife if she remained in Key West, she would remain primary custodian...if she relocated to Atlanta with me, child custody would belong to the father 28 days, the mother two days a month...we are in the process of appealing this ruling...however, the father is not adhering to stipulations set forth in the judges ruling which states that the child must have his own living space...since the ruling seven months ago, the father & son have lived in an 800sf 2BR apt with 3 different transient roomates while sharing a 10'x10' bedroom with his son(two twin beds)...also, he's a waiter and brings the child to work with him atleast two mornings a week at 6 am...since the child does not have his own living space, do we have grounds to file contempt of court proceedings against the dad and, if so, what is the most expeditious route to proceed? Sincere thanks

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