Legal Question in Family Law in Florida

Child Custody
My sons mother lives in her mothers house. she has been unimployed for over a year. It's a 3 bedroom 1 bath. total of 6 people living there.
I live in a 3 bedroom 2 bath married with one child. my son has his own room in my house. i would like to get custody of my son becuasse i believe he would have a better standard of living. in family court is this enough to win such a case ?

Asked on 6/09/09, 5:34 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

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Re: Child Custody

On its own,no.

Answered on 6/10/09, 1:41 pm

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Brent Rose The Orsini & Rose Law Firm

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Re: Child Custody

Doubtful. If she's already been awarded custody (or you agreed to it at some point), you pretty much have to show that her living situation is tantamount to child abuse before you can get custody switched.

I know what you're thinking: "That living situation IS child abuse as far as I'm concerned." Don't go there. Think of it being enough child abuse that DCF could remove the kids from the house and keep them. That's how high the mountain is that you have to climb.

"Better standard of living" just doesn't cut it, but you should discuss your case with a lawyer just to be sure.

Answered on 6/09/09, 6:02 pm

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