Legal Question in Family Law in Florida
Who would custody go to?
My daughters father and I are going through a break up. For her entire life, he has been the primary income of the house. I take care of her everyday as a stay at home mother. He claims that since I can't get a job and I don't have one, or any place to go, that he will get custody of her. He does have issues and a history with drug and alcohol abuse. He is also mentally and physically abusive to me, but I have never recently reported this to the sheriff's department. In this case, who will be most likely to get custody, if indeed, it is taken to court? If it were to be her father, what would I have to do to change the outcome of such before it goes that far?
2 Answers from Attorneys
Re: Who would custody go to?
You probably need to be smart and file a paternity action to get this resolved by a judge or by agreement. Contact us if you need further assistance.
Re: Who would custody go to?
Of course, we're only hearing hearing one side of the story, but since you've been the primary caretaker, you have a much more likely chance of being given primary residency. His abusive background will also weigh heavily against him. The fact the he is the breadwinner won't have any impact, but, of course, you will probably have to get a job, since, I'm assuming, you have no other means of support once you split up, other than the child support.
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