Legal Question in Family Law in Florida

I have been divorced for 9 years. Our divorce agreement gives her primary residential custody, with me having every other weekend. In the past few years she has quit or lost her job and has had multiple medical issues. My son and her other 2 children have missed upwards of 16 days from school. She also is constatly taking him to the Dr. which I believe will lead to M�nchausen syndrome, due to he is always complaining of being injured or sick. He is about 25 lbs over weight. My son barely passes school and is in classes taylored to help him pass.

I have always paid my child support on time, and been gainfully employed. My current wife is a guidance counselor, and her children are in great health. Both children are advancing in their education, with her oldest being accepted into the International Baccalaureate. she is not physically abusive at all. Also she lives in Marion County and I live in Citrus.

Do I have a chance to reverse the parental custody?


Asked on 5/29/12, 11:00 am

2 Answers from Attorneys
Veronica Robinson Law Offices of E.F. Robinson, P.A.

You may modify the Final Judgment of Dissolution of Marriage which speaks to custody if you can show a substantial unanticipated change in circumstances and that it is in the best interest of the child for the change of custody to take place. Speak with your ex-wife prior to filing the modification, she may agree that it is time for you to take over the role as the primary parent. Good luck.

Read more
Answered on 5/29/12, 11:05 am
Lucreita Becude Lucreita D. Becude, P.A.

You don't say how old your child is. With that in mind, I have to believe you might want to speak with the child about this issue. He may not want to leave his mother and other siblings. Best interest of the child is the standard for review but the child does have some say if they are of age. A guardian ad litem may need to be appointed to prove your case. If the child is missing school due to the mother not being able to get the child to school plus if the child is not getting help with homework etc. there may be cause for reversing the custody issue.

Read more
Answered on 5/29/12, 11:12 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida