Legal Question in Family Law in Florida

My question involves a child custody case from the State of: florida

So I am a single dad who is engaged to be married this year. My son is 11 months old and his mother went to jail when he was 4 weeks old. She did cocaine while he was with her when he was 11 days old!!! She viloated her probation for the 3rd time. She spent almost 10 months in jail, her 3rd time and that was her 5 arrest. BTW the violation was for Felony habitual driving on revoked liscense. My fiance and I have a house that is paid for and I am in Medical school and she has a great job. She has taken my son as her own and neither of us have records. My sons mother got out of jail last week and said she is getting her son back. I agreed to let her see him at a public place and she tried to take him. The law was called but since there is nothing from the court yet they couldn't do anything. I am on his birth certificate and she has sworn to me being the father. I just want to know where I stand in getting my son for sole parental rights


Asked on 8/20/12, 1:39 pm

2 Answers from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

Dear Engaged Medical Student,

Hire a lawyer in your county who practices family law (preferably exclusively). This area of the law is not for the unskilled. That's the bottom line.

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Answered on 8/20/12, 2:13 pm
Lucreita Becude Lucreita D. Becude, P.A.

Barry is correct. You will need to have a paternity test and file for custody. With her police record in hand as evidence at your hearing you should have no problem in keeping the child and her having possible supervised visitation. Run................... to an attorney. The longer you wait the more opportunity she has to file before you do. She is the mother. The fact that she was in jail and you have no papers give you nothing.

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Answered on 8/21/12, 6:17 am


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