Legal Question in Family Law in Florida

modificatio of custody

2 yrs ago my ex-wife was arrested for Dom Batt $ Aggr. Assault against her current husband-now divorced. My attorney & I agreed to let my ex-wife continue to see our daughter w/our current visitation - 1 week w/her, 1 week w/me. The only stipulation was that she did not have Primary Residence and no longer was the custodial parent. My daughter does not have a ''Primary Residence.'' I lost my job in 1/04 and have to relocate to Texas. My daughter has expressed to her Therapist & to her mother in front of the Therapist that she wishes to move w/me, my wife and her step-bro. (he is 5 wks younger than my daughter). I filed for a mod. for cust. Her atty has filed for a ''Dismissal'' on the grounds that the Domestic violence (DCF was called in & this is separate from the arrest) and the arrest were before the last modification. She is now living with a 60 year old man, quit her job, travels at least once a month out of the state w/her boyfriend (she is 34yo). My in-laws (my daughthers only grandparents)and my sister-in-law are relocating to TX at the end of the year. Her ''family unit'' will stay the same. She wants to tell the judge that she wants to move. I have been married 4 yrs. & with my wife for almost 7. Any sugg?


Asked on 7/14/04, 4:56 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: modificatio of custody

If the therapist will back you in court you should have no problem.

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Answered on 7/14/04, 6:41 pm
Stephen Holman Stephen Holman P.A.

Re: modificatio of custody

Agree w/previous post that you probably will need some expert testimony on the need to keep your family intact for the sake of your child, without that testimony it's a crap shoot.

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Answered on 7/15/04, 8:59 am


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