Legal Question in Family Law in Florida
Should I let my son go with his father?
My divorce was finalized 4/07/2011 & I have sole custody. My ex husband gets my son every other weekend, as long as he takes a drug screen on the day he is supposed to get him & the results get emailed to me. It says in the parenting plan in capital letters "Father shall have timesharing w/ the child every other weekend from Friday at 6pm to Sunday at 6pm so long as he successfully passes a drug screen before timesharing commences. Father agrees to be tested at the St. Lucie County Courthouse Drug Screen Lab before noon on THE DAY TIMESHARING COMMENCES and release the results to the court and to Mary Clyde at the mailing/email address stated above. Father agrees Megan Bennett shall not have unsupervised contact with the minor child. Minor child is not to have unsupervised contact with Lee Bennett. Father shall oversee the pick-up and drop-off exchange and agrees Megan Bennett shall at no time be involved, present, or oversee the pick-up and exchange of the minor child. Father's timesharing shall begin on Friday, April 15, 2011 subject to the conditions above"
Well, he has passed all of the drug screens so far, but he was supposed to take a drug test today before noon & he didn't. He took his test on Wednesday. And he is supposed to pay me $275 a month starting May 3, 2011. He hasn't paid me & he told me that he will never pay me. I just got a letter from a judge denying my ex husbands motion for emergency custody. My ex husband has also called DCF on me 2 times so far & I have an open case right now. He has threatened my boyfriend & we have a police report. My ex husband also has an open battery case. I just want to know what I should do? He didn't take his drug screen today, should I let my son go with him? And he has left my son alone with both Megan Bennett & Lee Bennett. Megan Bennett is my ex husband girlfriend & Lee Bennett is her son. I just don't know what to do. My ex is a drug addict & he never stays sober for long. He is calling DCF on me & he also gives my son tons of candy before he comes back home to me. My son has ADHD & is very hyper on sweets. That's why my ex husband gives him the sweets before he gets to me, so my son is all over the place. Someone told me that is child abuse. And when I got the letter from the judge today, now I know he is trying to get custody of my son! Please tell me what I should do.
Thank You,
Mary Clyde
1 Answer from Attorneys
if your husband did not comply with the order - then do not let your son go with him. What you should do is file a contempt charge against him for having your child exposed to the two people. Ask that he have only supervised visitation.
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