Legal Question in Family Law in Florida
Can he gain custody based on mother's lifestyle?
My boyfriend's son lives with his mother in FL. The child is 8 years old and weighs approx. 140 lbs and this is due to his inactivity and eating habits. As well as being extremely obese, his mother and her boyfriend smoke inside their home constantly.
The child is unhealthy, to say the least, due to the mother's lifestyle and she has no intention of changing. The child has trouble breathing and is constantly congested and the mother blames this on allergies and has him taking allergy medication daily.
When we have the opportunity to go to FL and pick him up for a visit, the child reeks of cigarette smoke so it is obvious that they have no consideration when smoking around him.
Would these issues, which are obviously causing this child's severe health problems, be reasons that a judge would award the father full custody over the mother?
3 Answers from Attorneys
Re: Can he gain custody based on mother's lifestyle?
Possibly. But not just on your say so. You'll have to prove what you're saying. See a lawyer.
Re: Can he gain custody based on mother's lifestyle?
Yes. In Florida, the court goes by what is in "the best interest of the child." These issues are exactly what is considered in determining the best interest of the child.
Re: Can he gain custody based on mother's lifestyle?
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.
Possibly. The best interests of the child are what the court will make a determination upon. The judge will hear and review evidence on your allegations from both parties and take that into consideration in making a decision.
The change of the primary residence is a major decision and is not easily obtained. Your boyfriend will need to retain a qualified attorney to work with him in order to present his case.
Scott R. Jay, Esq.
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