Legal Question in Family Law in Florida
FL No-Fault in Divorce
My brother and his wife of 17 years
are divorcing. There are 2 children,
ages 11 & 15. My brother
has walked in on her & her lover in
his house, found emails she's sent
him about how much she loves him,
etc. She recently went through
Alcohol rehab since she's been an
alcoholic now for years; we think this
is where she met the boyfriend.
Come to find out his picture is posted
on the State of FL Dept of
Corrections page and he is a
convicted felon on parole till around
2009. My sister-in-law has this guy
around the kids.
My brother would like to seek full
custody of the children, allowing her
visitation rights, of course, because
he's very concerned about his
children's safety.
When he brought all this to
his lawyer's attention, he said
that since FL is a no-fault state, this
basically means nothing. The court
will say he paid his dues and that's
that. He also said no matter how
negligent the mother's behavior, FL
still
usually gives custody to the mother.
I find that impossible to believe.
What immoral, dispicable behavior
actually counts in a divorce in
Florida? Is it truly pointless to bring
this to a judge's attention?
3 Answers from Attorneys
Re: FL No-Fault in Divorce
It is absolutely not pointless. While the mother tends to be preferred when there are young children involved, a father has a very good chance to gain primary custody care when teens are involve and the mother exposes the children to questionable "mates." If the children state that they would rather live with Dad, it would be an additional factor in his favor.
A full custody battle is complex. It can mean experts and a lot of investigation and testimony. The judge has to weigh all of the evidence (if not decided in mediation). But, in this case, the mother does not automatically have custody and the father certainly has a good chance.
That said, the affair itself will have little or no impact on the divorce itself. It will not affect possible alimony or distribution.
Re: FL No-Fault in Divorce
Ms. Oatley is correct. If you can afford the fight, assuming the mother can afford the fight, then you should probably try especially if the children want to live with you and you've been involved in their lives so far.
Re: FL No-Fault in Divorce
in reviewing the situation it is important to have a strategy to showcase the bad traits of the mother. I would be happy to speak with your brother and describe this in greater detail if you send me your phone number and a time call you or him. It's for important to do it now though.
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