Legal Question in Family Law in Florida

My non-custodial parent is quite the nuisance, he doesn't pay his support on the regular, yet he's always trying to threaten me with a custody battle. He gets amusement out of upsetting me about the issue. Despite the fact that he doesn't pay all the time I allow him to see the child. I found out he frequently uses marijuana and alcohol around the child and will leave him on any family member, no matter the background, for the weekend while he goes to the bar to socialize with his friends. He frequently tries to brainwash my child when he's around him trying to tell him that when he goes home to me I'm going hit him for being sent home which I think is ridiculous. He also allows my child to watch rated R movies against my wishes and allows the child to run over him when he's there which causes problems for me when the child returns home. He's almost $4000 behind in arrearages and has no intention to pay them, he doesn't pay his regular court ordered amount on the regular. Yet he thinks by gaining custody of the child he wont have to pay anything anymore. The child was visiting with him for the summer and was supposed to bring him here where I live before school starts,school started last month and he now refuses to bring the child back and has stolen the child's social security card, what can I do to stop him?


Asked on 9/14/09, 4:41 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Everything you've said is trumped by what you said last: he hasn't returned your child. IMMEDIATELY go see a family law attorney and get a court order for the return of your child. The longer you wait, the smaller your chances of getting your child back. It can't wait; it's an emergency. Get your child back NOW!

Then you'll also need to file a motion for contempt against him for failure to pay support. Maybe you can have the money taken out of his check, have his license suspended, maybe even have him thrown in jail.

It's very, very difficult to switch custody in Florida, so that probably isn't your biggest concern. Don't worry about those threats of switching custody, just go get a lawyer now to deal with getting your child back. Otherwise, he'll claim that you've established custody with him.

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Answered on 9/14/09, 5:09 pm


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