Legal Question in Family Law in Florida
Fathers custody
I am 33 yr old father, two children 5 an 6, mother left home for a month and picked up children once in a while to take to or from school,(5 to 15 minutes every other to a few days a week during seperation.) I filed temp injunction, she filed divorce., current visitation is mon-wed-fri-sun with me , tues-thur and sat with her. She is on anti-depressents and lives with a female roomate. Every other month she gives me the children an extra day. Recently she gave them to me during week one day, then during same week had them spend night at her neighbors with father, daughter and son-(mom at work), My question is: is there anything i can do other than document this lack of interest or should I hire investigator to show she really does'nt want them? Can I do anything else to show I should have sole custody?
1 Answer from Attorneys
Re: Fathers custody
FL law presumes that it is in the child's best interests to have free contact with both parents. This presumption can be overcome by substantial evidence to the contrary, but, an award of "sole" custody is relatively rare. If you'd like an office consultation on this, please call me at 407-679-3823. Stanley E. Halbert, Esq.