Legal Question in Family Law in Florida
Sole Custody
My x-wife and i divorced in 2/98. we have shared custody, and i am primary residential caretaker. She has lived in CA and NV since 9/98. She has only seen the children 3 times since that date and does not pay child support. She rarely calls and talks to them, claiming it upsets her too much. She has recently enlisted in the navy. I would like to pursue sole custody, i feel that she has not played any role whatsoever in raising our children. It has been in every way totally my responsibility. However i am not interested in taking away her visitation, just responsibility. I have everything documented related to her ''non-involvement''. Is it possible, given these circumstances, that perhaps i could achieve sole custody?
1 Answer from Attorneys
Re: Sole Custody
Based on the information provided, assuming you are a fit parent, you have a good probability of being designated the primary residential parent and receiving child support from the other parent.
Support is based on the relative incomes of the parents and the needs of the children as reflected in the Florida Support Guidelines. Unless the other parent is deemed unfit by the court, Florida encourages "shared parental responsibility" however, one parent is the primary residential parent for the children. Given the situation, you are advised to consult a family law attorney for modification of the final judgment, if applicable, and petitioning for child support and applicable custody, as well as determination of other issues.
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