Legal Question in Family Law in Florida

Re: grounds for child custody

This is a very broad question. I gan give a general response. You may also check Florida Statutes on line, sec.61.13.

If the Final Judgment declared the other spouse to be the primary residential parent, you have the burden of proof to show need to modify the custody. You have to prove there has been a substantial change in circumstances and it would be in the best interests of the child(ren) for custody to be changed.

If her environment is detrimental to child(ren), along with some other evidence, you may be able to prevail.

These types of cases are important, thus, are intensive. If you obtain legal counsel (and I wouldn't proceed with this type of case without counsel), it could run around $3,500.00--$5,00.00 or more, depending on the parties. Depositions (where your atty. can question the other party or their witnesses) would be essential. A judge will probably send the case to mediation (in efforts to get the parties to settle before a trial). In Jax. our judges always order the parties to a child cust. evaluation. This costs around $1500.00 each.

An evaluator will meet with each party, any witnesses,probably the child(ren) and may conduct as home inspection. Good luck. 'Hope this helps. Tom Rosenblum

Re: grounds for child custody

The court will look at the totality of the circumstances and consider what is in the "best interest of the child." All of the things you mentioned would be taken into consideration. However, you would need some proof of these things (can't just go on an allegation alone)and then to show it is in the child's best interest to change the current custodial relationship. A "Guardian ad Litem" can be hired to evaluate the situation and give their opinion to the court. There are also psychologists/psychiatrists that do custody evaluations and report to the court as to what is in her best interest. These two individuals bond with the child and interview people in their lives to determine, independant of the parents' desires, what is best for them. Please feel free to contact me to further discuss the matter.