Legal Question in Family Law in Florida

Child Custody

Last year, I allowed my ex husband to take primary care of our two daughters so that I could go to nursing school. I was a stay at home mom and wasn't sure how I would support them. He is now getting married and my nursing school schedule is so that I have plenty of time to take care of the girls. Originally it was supposed to be until Jan of 2010 but I am filing that I want them back now. I believe he is going to fight me and I am not sure if my lawyer is being realistic with me or just telling me what I want to hear. I want the kids back before school starts and I want to move them 60 miles out of state. Do I have a chance? Also I have been living with my fiance' for the last 10 months is that a problem?


Asked on 5/13/09, 2:13 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Child Custody

I'd have to ask you a lot of questions to give you your "odds," but I can tell you this:

1) Switching back from one parent to the original custodial parent is very difficult in court.

2) Moving more than 50 miles with kids is generally prohibited by Florida law.

3) Living with a fiance' probably won't hurt you, but it probably won't help, either. If he has a criminal or DCF record, though, you can probably forget about getting the kids.

4) Having given your daughters to your ex, even temporarily, will seriously hurt your case.

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Answered on 5/13/09, 5:49 pm


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