Legal Question in Family Law in Florida

I am the custodial parent of my 10 year old and have recently moved from Collier to Charlotte County, originally when i moved here i was meeting my son's father half way (was never married to him) in Fort Myers to get him but as of recently my car is needing some maintenance work and i am unable to meet him in Fort Myers any longer, so i told him he would need to pick him up and drop him off. Well, now he is threatening to take me to court and says i will be ordered to meet him half way. How do you feel this will hold up in court if my car is in need of maintenence? Also i currently am looking for work and my son and I live with my parents can his father get custody since i currently am not working? I have a clean record and my son is well taken care of here? I would also like to add that over Labor Day weekend his Dad took him aand was supposed to bring him home that Sunday evening and decided he wasn't going to bring him home, i called the police and was told this is a civil manner and there was nothing the law can do. I told him he could get him if we both signed a written agreement to him picking him up and dropping him off but he is refusing. Thankyou for your time


Asked on 9/16/10, 4:55 pm

1 Answer from Attorneys
Latangie Williams Law Office of Latangie Williams, P.A.

The court will not necessarily make you meet your ex half-way. It does happen sometimes, but not all of the time. And yes, the court will take your lack of transportation into account. However, if your parents have a working vehicle that you can use, they make suggest that. As far as custody is concerned, it really takes alot (i.e. abuse, neglect, etc) for a court to remove a child from his/her mother's care. You are not less of a mother because you live with your parents due to the lack of employment. The court will apply the "best interest of the child standard" to your case and as long as your child is in a safe, nurturing environment, you shouldn't have anything to worry about. You may want to petition the court for Primary Custody or Sole Custody once you are able to so that you can avoid the situation of your ex not returning your son in the future. With a court order stating that you have sole custody or that shows your ex is in violation of a visitation schedule, the police will be able to intervene.

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Answered on 9/21/10, 6:05 pm


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