Legal Question in Family Law in Florida
I have a question about gaining full custody in the State of: Florida.
I have a 8 month old daughter with whats about to become my ex boyfriend. His family and himself are severe alcoholics. I have watched him pick his 4 year old son up and put him against a wall and shake him. I have anonymously reported him and they have came to question him while his mom and brother are here. Who then take it upon themselves to try and pass blame to the decease mother. I have lived with him for 3 years, in this 3 years he won't fix any electrical issues causing stuff to burn up or even keep the home clean. I work 2 part time jobs and go to school, he also always has an excuse on why he can't watch our 8 month old during this time so my grandmother keeps her. My question is would all of this be able to help me gain full custody once I have my apartment set up and I leave him?
3 Answers from Attorneys
from your first sentence you are NOT married to father. You can go to the Child Support Enforcement with the Dept of Revenue and they will help you get started with child support. They do not file anything other than the issue of child support. If his name is on the birth certificate then he is considered the father. The reason he can't watch this child is because he is up to no good.
I suggest you not wait around and see if you can't move in with your grandmother until you are able to get on your feet. You can use the reasoning of the home not being safe for your child and yourself. If he should insist on visitation, tell him to file for it. That way he will have to pay for the filing fee and obtain an attorney or try and do self -help forms. You can then ask for supervised visitation since he is an alcoholic. You will need proof to obtain that.
Custody is based on the best interests of the child. The Court will consider all of the relevant evidence.
"Full custody" does not exist in Florida. You may request a Judge award you Sole Custody of the child, that is usually very hard to obtain. See an attorney with all information available as to why the Father should be removed from the child's life. The Judge still would have the option of awarding Father supervised visitation.
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