Legal Question in Family Law in Florida
I was just served my divorce papers from my spouse. He is seeking full custody of my daughter of 5 months (his reasoning: "it is in the best intrest of the child to develope a relationship w/both parents".)
I have given him the choice to drive down EVERY Sunday and spend the day with us at church, I have also driven to a half-way point so he could see her for a couple of hours. My question is if I don't have the domestic abuse on record, yet he had plenty of priors concerning drugs and has spent time in prison, then how do I convince the courts that it is in the best intrest of the child to remain with me her mother?
1 Answer from Attorneys
The Court is not supposed to show any preference for either parent. However, in my 11 years of family law experience, the Court's generally favor the mothers where the children are very young.
Unless there is something very negative in your background, the Court will likely award shared responsibility, with the child likely to reside mostly with you.
In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, do not assume that you will not be able to afford to retain an attorney.
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.
Feel free to Google me.
Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1587 Main St., Ste. C
Dunedin, FL 34698
Tele. No.: 727/455-6596
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500