Legal Question in Family Law in Florida

I left my husband three weeks ago and took my two-year old son with me. During the marriage there was extreme verbal, emotional, and at one time, physical abuse. I've been giving my "husband" every other weekend and one day a week since. Yesterday, I found out that he is already sleeping with his first wife and he had her spend the night in the same bed with my son there in the bed too (adultery). He has never been around her until that morning waking up and seeing a strange woman in his bed. In my opinion, and every one else who have been in contact with her during his first marriage, she is not a fit parent and should not be allowed near my son? Do I have any rights to keep her away from my son? Can I get a restraining order against her or something along those lines?

What rights do I have to keep my son away from his father until the courts decide?


Asked on 10/26/10, 11:34 am

1 Answer from Attorneys
Carmen Demapan Blind Ear Law Group, PA.

If there is no present timesharing schedule in place ordered by the Court, you can withhold timesharing, although you would have to consider whether it is in your child's best interest to do so, and the Court will also view that as disrupting a nourishing relationship between Father and son. I suggest that if you are really concerned about your child's well-being, you should allow father supervised visits within the presence of a third party, that could be a close family member or friend, in a public place if that would ease your worries.

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Answered on 11/02/10, 1:31 pm


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