Legal Question in Family Law in Florida
This is a family law issue. I was given custody of my daughter (un wed) after a custody evaluation etc...it was an obvious choice. Her father is a bi-polar, border line sociopath, and for sure a pathological liar. He does however love his child and I have given him over and above the court issued visitation. He is at times emotionally and mentally abusive to her (no marks) as he was to me and why we are not together. He does not pay child support as the court has ordered and never has. I recently allowed my parents to take her out of town on his weekend, but did leave him a message as to the plan in advance (on a Monday). He had visitation on a Tuesday and emotionally abused her and called me to hear her crying hysterically because he was telling her she could not go. I did get her back that night although I did send her off with my parents anyway. I told him on the message he intends on giving to his attorney that he will make up the time, however, given the payment history and that they have paid for everything she was going as they deserved it. I today read that withholding visitation EVEN THOUGH he does not nor has ever followed the court order, that he can have grounds for changing custody. He lives in a box trailer, has never provided for her, I live in a nice home and have put her in good schools. Given all of the actuals would he have a chance at getting custody? Plus the fact in the message I am telling him he will make up the time and I am not just withholding. Plans change and parents need to be flexible to that I would think. Please respond. sadly my attorney is too busy for me at the moment to get back with me.
thanks!
2 Answers from Attorneys
You can't unilaterally make plans over top of the father's court-ordered visitation. You can be held in contempt for that and, theoretically, you could lose custody.
But, if all that you say is true, it doesn't sound likely that you'll lose custody. After all, if he files for contempt, you'll file for back child support. And it doesn't sound like he can offer much of a living situation for her.
As a parent you should be concerned about the emotional toll this is taking on your child. You will probably not lose the visitation since what you have said abides by the visitation standards. However, I would file a Petition for an Order modifying the visitation rights to supervised visitation with the child's father. If he is that emotional, he may harm your child physically. It is a given he has already caused mental anquish.
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