Legal Question in Family Law in Florida

Child Neglect

My ex wife and I had 2 children together. My son & Autistic daughter live primarily with her and her husband. My son recently told me something rather disturbing. Apparently after he picks my kids up from school/summer camp he just goes to sleep or plays on his computer. My daughter needs constant supervision. My son (8) told me that most of the time he is watching my daughter or he goes out to play. Leaving my daughter to herself or worse - she could wander outside. There is a lake at the apartment complex directly behind the apartment - this has me concerned. My ex-wife gets home from work anywhere between 5:30 - 10:30PM. I'm guessing that the $2,000/mo that I give her could be better utilized if I had custody and were to hire a nanny. Would I have a leg to stand on if I were to persue custody of my children - citing neglect?


Asked on 9/01/08, 6:49 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Child Neglect

You can file an amendment to the custody order (provided there was one to begin with). Proving neglect could require more than your 8 year old son's version of how his afternoons are spent though.

You can ask the court for primary custody, you can petition that your daughter be placed in supervised care, or you can ask for some other remedy.

This is not an easy undertaking though, and you should consult with a local attorney before jumping in. More facts than you have provided will be needed to properly evaluate your position.

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Answered on 9/02/08, 2:08 pm


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