Legal Question in Family Law in Florida

This question is on behalf of my brother who has physical custody of his two children who are now 9 and 12. The mother cheated, got pregnant by another man, and left him with the children stating she wanted a divorce(which he paid for) She has visitation every other weekend, summers, and holidays. Neither pays ANY child support. My brother has lived all this time with my parents and the 2 kids. He is an amazing, devoted father who puts these children first at all times. The kids are stable, well cared for, and doing well in school. It has been suggested that her and her new husband are popping pills and in addition, she violated FL law when she moved more than 50 miles away and constantly moves from one place to another. The problem is this....she continually harasses him verbally and threatens to take the kids from him every chance she gets. She constantly yells at him and belittles him and he just takes it because she threatens to take the kids from him. He lives in fear and has major anxiety everyday that he will lose his children. I have watched this go on for years and it sickens me. She does not even have the means to take him to court so I don't know why she continually threatens him. Please advise as to what we can do in regards to this situation. Can he file some type of injunction based on harassment? Should he be recording these calls? What can we do to put a stop to these treats. Thank you so much in advance for your help and attention in this matter!!


Asked on 12/04/10, 5:59 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Take her back to court for supervised visitation only. If you have the proof that she moves and does not give an address of where she is living, that she is on drugs (you can have her drug tested at the courthouse during the hearing) and if she violated the order, put her in contempt. The children are at an age that they can testify and I suggest you allow them.

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Answered on 12/09/10, 6:17 am
Carolyn Jones Law Office of Carolyn R. Jones

Your brother can file a Petition to Modify Custody and in that petition he can request supervised visitation. The children are of an age where they can testify. He can also request that she be tested for drugs. I wish you the best.

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Answered on 12/09/10, 6:27 am


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