Legal Question in Family Law in Florida

Primary Residence and Visitation Issues of Convicted Sex Offender

I am 19 years old and just went through the courts concerning custody and residency for my daughter. Both me and the biological agreed to joint custody with him as primary residency due to still being in High School. Child support payments are to begin when I graduate.I hope to attend college afterwards. The father is 21. I just found out that he fathered a child with a 15 year old and the State is persuing a case against him.

If he is imprisoned do I now have to go back to court to modify our agreement. I have heard that he might leave my daughter with his mother and she wants to file for sole custody if that happens.

Once he is a convicted sex offender what are his rights for visitation in either custody situation.

I cannot afford another fight in court. I donot live with a parent instead I was taken by a very nice lady who must think the movie ''Pay It Forward'' was about her. Please help me on this question and any ideas with regards to paying for these legal expenses while I try to graduate for my daughter. Her father didnot finish school but I want to.


Asked on 3/14/02, 10:59 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Primary Residence and Visitation Issues of Convicted Sex Offender

You have raised a number of issues and I will try to touch of each of them.

You will have to go back to Court with an appropriate motion in order to change the custody arrangments. This is a serious issue and should be dealt with immediately. After the father is imprisoned, there are many new problems that will arise including service of process upon him. In your motion, let the court know of the father's pending charges and the likelihood of his imprisonment. You should be successful on your request.

The grandmother has absolutely no right to the child. Florida law has changed and the rights of the parent are paramount to any claim by anyone else including the grandparents. The only party who might have greater rights would be the State of Florida if your were proven to be an unfit mother.

You can telephone the Florida Bar for a referral to an attorney in your area who might be willing to work on a reduced fee arrangement. Good luck to you.

Scott R. Jay, Esq. 305-249-8000

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Answered on 3/14/02, 11:27 am


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