Legal Question in Family Law in Florida

I live in FL. I moved 200 miles away from ex as we just could not get along (back to hometown). She took this opportunity to present a convicted felon to my children as their new live-in daddy (last I heard, they were getting married at some point). Since this time. I have been unable to have visitation with my kids. I filed for custody based on this and the abuse my kids told me was occurring between the ex and her fiance right in front them and kids have stated they would like to come live with me. Of course she lied (and it looks like she coached kids to lie to child protective services investigator) about it. She has since changed/disconnected phones (this doesn't really matter as they're not allowed to answer, or return any calls to me anyway). Heck, she even removed my name from their school records. I should add she makes twice what I make (but her financials show a net -1500/mo income, and a year later, her creditors are still calling me looking for her) and other than the neglect, endangerment, obvious contempt and "corrupting my kids" issues, I would not have sued for custody. I requested a guardian ad litem and that hearing is coming up soon. You may be asking "Where's the question?" Well the question is: Do I have any chance at all of winning this case? Can I ask for her to pay my costs (because she created these expenses with her willful irresponsibility? The kids are actually better off here (nicer, cleaner house; grade A schools; more stable parenting; access to older siblings), but if I don't win custody, I plan on moving back there (presently searching for jobs) and secure at least 50/50 parenting. Can I count on child support to assist me with taking care of these kids in my new diminished capacity?

I have already asked my paid former lawyer these questions, but the only info I got from him was dates and times of "billable" events.

This has all bee going on for a year and I'm concerned her plan is to erase me from their memories as best she can. From this I gather the courts couldn't possibly care about my kids. please restore my faith in the system I'm doomed to live within.

Thank you,

Sincerely,

at rope's end


Asked on 10/14/10, 1:15 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

First of all, how old are your children. This makes a huge difference with what you are saying. Secondly, do you have the felony records on the boyfriend as evidence. Was his felony for child abuse? Get statements from the counsellors at school as to how the children have been behaving since theBF moved in. What do the neighbors say. Do you have access to her medical records - has she been abused to the point of needing medical help. Have the neighbors heard arguments? The GAL should investigate this type of actifivity but it is always best if you have a heads up b/c sometimes the GAL is not versed on what to do. Are there drugs involved. Most convicts mess around with pot and so I would suggest you hire a PI to find out what you can about him.

Get information from the new school you plan to send the children to. Show what the activities there are and any program that will help them. A letter of acceptance for enrollment would be helpful. Talk to the clergy in your town - get a letter from him/her that they will be attending the church and participating in bible school activities there. Scouts, baseball, etc.

File a Motion to compel for affidavitgs and documents that you have requested and not received. Ask for tax returns and all W2 forms and latest pay check stub from the ex. This will change the child support issue either way. After school child care expenses, medicals and insurance coverage.

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Answered on 10/19/10, 8:37 am


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