Legal Question in Family Law in Florida

custody, visitation, and support

I am currently a Va resident with sole custody of my child and visitation rights are at my sole discretion, the father of my child resides in FL. Until now he has had no desire to be involved in her life and feels that he should now have joint custody. My child has special needs and is currently in therapy weekly, as well as seeing several different doctors. He feels that he should be able to have custody of her 6 months out of the year I disagree seeing as we are so far apart and this would cause problems with continuing her care (which he feels she doesn't need). I am not okay with this I am more than willing to allow him to see his child but around her med appointments, he feels this is not acceptable. I even offered to move to Fl so that he could see her more and it not effect her care i.e. weekends. He states he is filing on the 25th no matter where I live for joint custody, and when he gets that he will not be assisting me financially because he will pay for her when she is with him and I will do the same. There is no support order in place yet, and I was wondering what the likelyhood of him getting joint custody if I lived in Fl or Va would be? who would have juristiction over it if I move?


Asked on 7/08/08, 10:33 pm

1 Answer from Attorneys
Alicia Santana Torres Santana Torres Law Offices, PL

Re: custody, visitation, and support

This should go back to the court that gave you sole custody and discretion. Of course, wherever he files you will have to defend. Florida is now a time-sharing state, there is no "custody" per se. However, if your child has special needs which can be medically verified, the court will not look kindly upon your husband's attitude toward her medical needs. Your willingness to move to FL is certainly a show of good faith, but it may not be necessary. This is a potential complicated case. You should consult a local attorney as soon as he files, which will determine where the case will be initially heard.

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Answered on 7/09/08, 6:10 am


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