Legal Question in Family Law in Florida
I have filed for divorce from my husband. We have an agreement in place about child support and visitation but it hasn't gone through the legal system yet. My soon to be ex has been arrested(recently) on drug charges, bounced check charges and one other charge. He rarely pays me child support but wants his son every other weekend. There's drug activity constantly going on at his residence and I fear for my son's safety. Whenever my son comes back from his fathers he tells me he doesn't love me anymore and that daddy say's I don't love him and all sorts of other vicious lies. Can I keep my son from being in such an environment until we see a judge. Can I keep him away from his father at all?
1 Answer from Attorneys
If you have a contested custody case, it would probably be in your interest to retain a lawyer asap.
Assuming you already filed pleadings seeking shared parental custody, you should pursue leave of the Court to amend your pleadings to pursue sole parental custody.
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, do not assume that you will not be able to afford to retain an attorney.
The above information is provided without any consideration having been provided, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.
Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
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