Legal Question in Family Law in Florida
modification of custody/visitation
My boyfriend's ex has moved twice to different states keeping him from seeing his son,she did not ask courts permission or notify the father, she has missed 3 court hearings and denied his visitation order, they have shared custody. we filed contempt papers against her when she said don't waste your time flying to ny he is not going anywhere with you. the judge ordered her to appear with child at the hearing. she has perjured herself saying she knew nothing about the previous court dates. she signed for the hearing papers and also stated in email apparently YOU have a court date not I. He hasn't seen his son in over a year and she does everything possible to keep him out of hs sons life. She says maybe when he's 18 you will know him, he is 3 now. by ordering her to come back to FL with child in hand, is it possible the court will change give him custody since she continues to deny his rights per the order. we have her emails as evidence what she says he is going no where with you, let the court see what they can do for you. He pays his child support and keeps showing up in court wanting to be with his son and help raise him, the papers say she will be sanctioned if she doesn't show up with child, will court change custody to dad
3 Answers from Attorneys
Re: modification of custody/visitation
This is very complicated situation - you will probably need to see an attorney. The answer will depend on whether or not your boyfriend and his ex were divorced or simply boyfriend/girlfriend. If there is a final judgment of dissolution, that would need to be reviewed. If they weren't divorced, then you may need to file a paternity action (unless paternity has already been established).
Is there a current visitation schedule? This is just too complicated to answer over this network - go see an attorney.
Re: modification of custody/visitation
I agree with Mr. Hart. You will need an attorney to have a real chance at getting custody of a child this young. But her actions do greatly help your case.
Re: modification of custody/visitation
The first factor listed in the statute for determining which parent will become the "primary custodial parent" is: which parent is most likely to allow the other parent to have vistation. Obviously, this factor weighs very heavily in your boyfriend's favor.
I doubt it has much to do with whether he was married to the mother (since it appears clear that his fathers' rights have been established), but I must agree with the other lawyers that he shouldn't dare try to handle this case without a lawyer. His son's life is too important.
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