Legal Question in Family Law in Florida

Re: Court Ordered Custody

Greetings. Thank you for allowing me to respond. Based on your question, it appears that you have already obtained a dissolution (divorce) order/judgment that outlines custody, visitation and child support amongst other things.

Generally a settlement cannot occur unless you and your husband agree. Under the facts presented, it appears that the husband does not want to take custody of your son.

Some options (but not all):

-You can file a SUPPLEMENTAL PETITION TO MODIFY CUSTODY OR VISITATION AND OTHER RELIEF, found in Florida Rules of Family Law Procedure, Form 12.905(a) and request a custody change. If you do this, there most likely will be a mediation before a final hearing on this matter. A mediation is "closed door" private opportunity for you and your husband to work this out.

-HOWEVER, if the father does not want to take custody of the child, then it is possible that the court would appoint a guardian ad litem (GAL) for the child. The GAL represents the best interests of the child and could make a recommendation as to what is best for the child, which could be to give either you or your husband custody. ALSO, beware that if the GAL believes that the child is in danger, he/she could recommend that the child be deemed a dependent child and then possibly, the Department of Children and Families (DCF) could get involved and possibly seek to place the child into foster care and/or protective custody.

-If DCF gets involved, it really opens up the door for several court hearings, involving many lawyers and the outcomes are sometimes very unpredictable.

There are other options and issues that you have presented that I have not fully explained because I have a 300 line limit. So, my response does not represent all options available and all possible outcomes.

DISCLAIMER (I really don�t like this but it is necessary): This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for �Legal Informational� purposes only and should not be confused with �Legal Advice� and nothing in this response should be construed as legal advise for any individual case. Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship between you and Ali Kirk, Attorney at Law. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney.