Legal Question in Family Law in Florida

Custody Modification

I was divorced in Sept 2002, the last time my ex has had anything to do with my 2 children(ages 6 and 7) was in Nov. 2, 2002. What I'm wanting to know, is there a chance that if I go to court, to modify visitation(to no visitation) or cusody(from joint to sole), would I have a chance of getting it? Or should I just leave it alone, and just hope and pray he never shows up. Thanks for the advice!!!


Asked on 2/12/07, 10:24 pm

2 Answers from Attorneys
Robert Simpson

Re: Custody Modification

You are in the best position to know what he might do. No one can get into his head. You do not mention child support for the children. If he is paying it might give him a reason to come in. Why modify visits to "no visits" when he is not visiting anyway? Also I don't see what you gain with "sole" custody. He still could visit if he wanted to.

Look at the benefit you gain vs the risk you take and I think you will find the answer there.

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Answered on 2/15/07, 9:49 am
Marie-Anne Oatley

Re: Custody Modification

You have a good chance to get a modificatin from joint to sole custody. It might be a different story when it comes to no visitation at all. Because it's all about the best interests of the children, the court may avoid precluding the children from interacting with their father if the father comes back into their lives. You may need something more than his not having been around. But, you can always try.

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Answered on 2/13/07, 11:34 am


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