Legal Question in Family Law in Florida
I am the custodial parent of my 8yo son. His father and I have never had a parenting plan agreement. Weve usually had no problems with vistation until recently he threatened to take him and not give him back. I wouldnt let him see him on my weekend and he now says he is taking me to court for full custody. My son doesnt have any of his own stuff at his fathers and his father refuses to provide court order health insurance and will not take him to his extracirricular activities. I am not sure what to do or if I should get a lawyer first. Also do I have to let him see him with no parenting agreement?
2 Answers from Attorneys
Talk is cheap. See if he actually pursues a change in custody. If he does, in addition to defending against the sought for modification, have your attorney pursue enforcement/contempt. Even if he doesn't try to modify custody, you should still seek to enforce his obligation to provide health insurance. First send him a short but polite letter advising him that he needs to provide health insurance per the prior Order of the Court. Tell him his has 10 days to provide proof of coverage, and if not timely received, you will take this to court. Then do so.
Unless you are actually endangering the child, I doubt the Court would award him "full" custody. In the vast majority of cases shared parental custody is awarded. That is what most people think of as joint custody.
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
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Retain counsel. To avoid future problems, make sure you enter into an agreement that covers all issues.