Legal Question in Family Law in Florida

How do we get my fiance's son

My fiance and I live in NC. He has a son who is 5 and lives in FL with his mom who is an ''unfit'' mom by our standards but she was granted custody. My fiance's attorney advised that he not even try to get custody in the state of FL. The best intrest of the child is to live with us, but the judge didn't even take that into consideration it seems. Was our attorney wrong for telling us that and what can do to get him away from the environment that he is in?!?


Asked on 7/17/07, 8:27 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: How do we get my fiance's son

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is impossible to give any answer to your questions without knowing more about the situation and what you base your decision that the child living in your home would be in his best interests. It is important to note, that custody decisions are rarely changed. According to Florida law, the decisions of the trial court are to be given great weight as the trial court had the opportunity to hear the testimony of all the witnesses and review all the evidence. Your fiance's attorney probably made a valid judgment. If you disagree, your fiance can always decide to file a petition for modification and see what happens.

Scott R. Jay, Esq.

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Answered on 7/17/07, 10:57 am
Johm Smith tom's

Re: How do we get my fiance's son

It would take some serious issues to cause a judge to take a small child away from its mother.

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Answered on 7/17/07, 11:24 am


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