Legal Question in Family Law in Florida

custodial advisor

My husband and i have a joint stipulation to appoint a custodial advisor. He currently has temporary redidential custody of my five year old son. This is very strange since there is absolutely no reason for me not to have custody. I was the primary care giver for most of my sons life as well as my two adult children. I have no history of anything that should keep me from getting custody. The court said during the temporary hearing that this was true there was no history of mental illness as my husband claims, there was no danger to my child in any way. THe only thing was that my son had just been enrolled in kindergarten for a month in my husbands county with out my knowledge or approval. The court said he was established there and there was no need to disrupte him. My son has lived most of his life in another county until 2006 but stayed with me and my husband part time while he was recalled to active duty and with me part of the time in another county where we have our family home which we have lived in for most of our sons life. What can i do to get my son back. Also they are dragging their feet about getting the custody advisor in place. What can i do to hurry this along


Asked on 11/20/08, 5:00 am

1 Answer from Attorneys
Kelly Papa Law Office of Kelly Papa

Re: custodial advisor

It sounds like you need to get an attorney to help you on your case. Even though you were the primary caregiver, the judge does not have to give you custody. Although for years, it has seemed to have been the case that unless the mother was unfit, she retained custody, this is not what the law says. It sounds like the judge just wanted to leave your son where he was. You need to assert your right to your son. You can do that through the custodial advisor, or get an attorney to file a motion to modify. Whatever you do, it's hard to practice law without an attorney.

Good luck. I know not having one's child is heartbreaking.

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Answered on 11/20/08, 2:48 pm


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