Legal Question in Family Law in Florida

Of course going back to court is an option. However unless you have some evidence of your ex-wife's behavior or problem, such as witnesses other than your child it can be difficult. I would suggest filing a Motion to Appoint A Parenting Coordinator and then allow that person to work with your child and the mother to come to a parenting plan that is in the child's best interest. If the Parenting Coordinator cannot help all come to a plan that all can agree on, then perhaps they could be a witness as to what is in the best interest of the child.

You have to go back to court to get a custody order in your favor, and stop the assessment of child support against you. Contact my office for free consultation 727-446-7659

Your testimony alone may not be enough. Do you have witnesses?

You can file a Petition to change custody in court. Keep in mind your testimony alone may not be enough. You should also know that if you wish for your daughter to testify you have to ask the court for special permission. If you have witness to your ex-wife's behavior that would strengthen your case. And your could ask the Court to appoint a Social Investigator so they can access the situation. Best Wishes it sounds like your situation is rough.

Mostly good advice from my colleagues. I suggest you contact a Family Law Attorney and get your best options presented to you. Under the current situation, you are fighting a losing battle unless you have evidence of the situation in hand. I believe I would explain to bio mom that unless she consents to the change of custody and child support that this will be a long drawn out battle that may entail revealing issues of her problems. You certainly may have your daughter testify - there is no reason she should not. She is old enough to tell the court what is going on. If I can be of assistance, please contact my office for an appointment 904-997-1031.

You need to do a Supplemental Petition to Modify the Parenting Plan and Time Sharing asking that your daughter reside primarily with you.

A parenting plan coordinator will not necessarily be helpful but you can ask the court to appoint a parenting plan evaluator licensed under Florida law who can interview your daughter your wife and yourself and speak with other witnesses as well as review all evidence and make a recommendation to the court. This evaluator will be able to provide the facts on which the evaluation is based and this is an opportunity for your daughter's observation to be introduced without her testifying.

It is not advisable that you operate pro se (without an attorney) as, based on the allegations, technical legal arguments will need to be provided and you will be better able to present a solid case with legal assistance.

Please call my office (407) 412-7035 or email ([email protected]) if you need further assistance.

Natalie Hall, Esq.

www.ndhlaw.com