Legal Question in Family Law in Florida

Child custody with regard to employment

My friend's 5 year marriage has reached its end and it is apparent that her husband has privately consulted a lawyer. They both have a 3 year old son. When my friend went to an attorney for a consultation, she was told that since she was not employed, custody would automatically be awarded to her husband, as well as the condo that they live in. She was advised to find a job as soon as possible. This is putting her in a stressful situation. Please advise if this is a fact in the state of Florida (Broward County).


Asked on 10/18/06, 12:51 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Child custody with regard to employment

i never heard of such a rule. The best interests of the child controls

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Answered on 10/18/06, 1:44 pm
Sharon Pettway Law Office of Sharon T. Pettway, P.A.

Re: Child custody with regard to employment

No, he does not automatically get custody. If your friend is unemployed or cannot otherwise afford a private attorney, she needs to consult with the local legal aid organization and apply for assistance. If she qualifies (financially) they may represent her in the divorce at little to no cost to her. The court considers numerous factors to consider what is in the child's best interest. She may be eligible for spousal support from the husband while she finds employment and/or improves her education and employability. An attorney at legal aid can work to help her with the entire divorce, and housing. Check the yellow pages or internet to find the nearest legal aid office.

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Answered on 10/18/06, 2:42 pm


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