Legal Question in Family Law in Florida

Re: child custody

Just to supplement the responses you got and to let you know we are in North Fla., I'll add some more specific info. First, she probably will not be incarcerated but for a couple of days unless she has a prior record. You should not try to keep your son from her without a court order. One response said her arrest would not be a "substantial change in circumstances" that warrants a change in custody. Correct, but if her conduct is DETRIMENTAL to your son, it could sway a judge in a motion to change custody. One of the many factors a court uses when making a custody determination (61.13 Fla. Stat.) is the parents' moral fitness. Custody battles are big cases, they take a while, they cost money and you two will be angry with each other. However, sometimes such a battle is necessary.

'Hope this helps. If my office can be of any assistance on this or in other matters in the future, give me a call. Good luck. Tom Rosenblum, Jacksonville.

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.

No, of and by itself, that is not grounds for a change in custody inasmuch as it did not affect your child. In order to obtain a modification of custody, you will have to have a substantial change of circumstances and for it to be in the best interests of the minor child.

Scott R. Jay, Esq.