Legal Question in Family Law in Florida

child custody/support

My ex husband filed for sole custody of my son 3 days before I was to deliver my daughter (he is the father also). I was out of work, did not have money for legal representation, and legal aid couldn't take my case. I settled out of court for him to have full custody, since I had no one to watch my newborn for the court hearing. I have since moved to Florida with family due to financial issues since he has not supported his new daughter and is unwilling I had no other choice. My son is living in GA. I want to go for full custody of him. Do I have to file in GA? My ex is reckless and I have believed all along a bad environment for my son. I.e. recently received a speeding ticket 116mph in 55 w/ my child in the car. He is very wealthy and is able to obtain top notch legal representation which I have not been able to go up against. What is my chance of obtaining full custody of my son. I want him to grow up with his biological sister and remove him from his environment.


Asked on 2/21/07, 12:48 pm

1 Answer from Attorneys
Marie-Anne Oatley

Re: child custody/support

You can petition to modify the custody order. You can also request attorney's fees in your petition since you have the need and he has the ability. As for jurisdiction, you can file with the original court if the father is still living there (or yourself) or where your son is now living if he has lived there at least 6 months. You can try to "domesticate" the order in Florida to then pursue the modification here. Contact an attorney or the court to help you with this procedure.

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Answered on 2/21/07, 1:40 pm


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