Legal Question in Family Law in Florida

Sole Custody Part II

Thank you Sanford Martin for you reply to my first question. I'm primary residential care taker of my 2 children. Divorce day, 2/98, my xwife was not ordered to pay child support because she was not working. The judge left it to me to petition the court for child support when she was working. She has really not had stable employment for the past 4 years. She moved foom Orlando to CA. in 9/98 and has only seen the children 3 times since. She has not seen them in a year and rarely calls, but does send things for the kids 3, 4 times a year. She recently enlisted in the navy 9/01 and has sent info and interest in paying child support as well as putting kids on navy medical ins. However she still has little contact with the children and has not spoken with them since 9/01. Since since she has not been contributing to any decision making or interest in their welfare for the past nearly 4 years, i would like to petition the court for sole custody. However it seems under FL law that may be difficult, seems i have to prove she is unfit. I feel by her not being directly involved in their lives for nearly 4 years, that it legally should be only my responsibility since it has been anyways. Would i have any chance of obtaining sole custody?


Asked on 11/27/01, 2:24 pm

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Sole Custody Part II

Based on the information provided, we must ask: why do you care about sole custody? Isn't the interest of the child served by retaining that bond with the mother? She may eventually prove to be a benefit to the child if she is permitted to pay support, provide insurance, etc. Given the situation, it would be difficult to show that she was an unfit mother. If a father is in the military and seldom sees his child, but pays support, a court is unlikely to consider him unfit. Mothers have the same rights. You are advised to forget the custody issue, accept the insurance and support, and encourage the mother to be involved in parenting. You should consult a family law attorney in preparing an agreement for child support and visitation which meets your personal requirements, etc.

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Answered on 11/28/01, 11:44 am


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