Legal Question in Family Law in Florida
Mother wants Sole
The father of my child (unwed) have worked out a visitation schedule for my four month old. He can take him Saturdays and Sundays and keep him for 8 hours at a time(a total of 16 hours a week). But he refuses to bring him back on time after I keep on warning him. If I say have him back by 5pm he shows up at 6pm. If I say show before 7pm he shows up at 8pm and I'm sick and tired of it.
Furthermore, he found out he was placed on child support. He picks baby up after that. I tell him to have my four month old back before dark and he shows up one hour after dark. On top of that, is brought back in dirty-wet clothes in the cold weather.
Not only that, my little one has caught a bad germ and I feel like he got it from his house. Can I just go ahead and file for Sole legal custody with visitation? Is there a chance I will get it?
1 Answer from Attorneys
Re: Mother wants Sole
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Yes, you can file but based on the facts you presented, there is little chance that you will be successful. The child is both yours and the fathers. You cannot arbitrarily make rules for him to follow and base a decision not to allow him further visitation on that. The court is not likely to agree with you and will encourage visitation with the father at all times.
Scott R. Jay, Esq.
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