Legal Question in Family Law in Florida

In the best intrest of the child

My husband and his ex have shared custody. The child lives with us, and the ex in Fl. The child has been diagnosed with ADHD and emotional disorder. He is incounseling and we are beginning to see that his problems stem from when he lived with his mother.He was moved around , did not go to school, etc. We feel that it is detrimental for him to continue visiting her in Fl. Are we in the wrong? What choices do we have? He has beenwith us in a stable place for 3 years now.


Asked on 4/24/02, 9:54 am

1 Answer from Attorneys

Alexis Parker Alexis Parker, Esq.

Re: In the best intrest of the child

I am assuming that the last custody/visitation order was emtered in a Florida Court.

The issue of whether you are right or wrong really depends on what the "experts" say in regard to the child. If you have been advised that it is detrimental for the child to visit her mother then you are probably right to file a Petition in the Florida court asking to modify visitation.

However, you should consult with an attorney who can review all of the facts and expert opinions and advise you regarding the likelihood of curtailing visitation rights. This is a serious matter and the proof required to drastically curtail visitation must be strong. The fact that the mother was not an ideal primary residential parent does not necessarily mean that it would be detrimental to the child to permit visitation.

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Answered on 4/24/02, 9:19 pm


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