Legal Question in Family Law in Florida

My son is almost 2 years old, his father and I split up January of this year after being together almost 7 years. Actually, I left him due to him going to the bar every night and drinking excessively. I was tired of the drinking and the cheating, and I didn't want to keep my son in that environment any longer. I moved about 2 hours away back to where my family lives and where I was raised. My ex moved back in with his parent's and I took my son down to their house every single weekend so he could stay the weekend with his father. There were even some weeks when I took him down to stay with him a few weekdays as well as the weekend, because his father wanted to do something special with him or he just wanted to spend extra time with him. At one point my ex and I try to work things out so we could get back together, but it just didn't work the way we'd hoped. Now, because I refuse to be with him he's being very spiteful and nasty. He called child protective services and made false allegations against me that I'm on drugs and I don't take care of my son, I believe his parents are coaching him also because I don't think he would actually do something like this on his own. And his mother even keeps saying how she wants my son to live with her so she can take care of him. It's his step-mother and she's never had kids of her own so I think she's trying to take over my son in a sense. The woman really is mentally unhealthy, not to mention she has a domestic violence charge against her from a few years ago. The state came out and did an investigation and gave me a drug test (which I fully passed), and ended up closing the case because all of the allegations were unfounded. Well now I've received a letter of allegations from my ex's attorney (which his parents are of course paying for) I have 2 weeks to respond to it and then we go to court for custody of our son. We actually have a court hearing next week because my ex and his parents want temporary custody until the regular hearing for full custody. I can't afford an attorney like they have, and I've been told their attorney is very good and I'm not going to win if I'm representing myself. But I have a copy of the report from the state that shows they closed the case against me because I passed the drug test and that I live in a safe, stable home, and my son is well taken care of. Should I be worried?


Asked on 6/17/10, 5:48 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

I have to take the position you were not married? If you were not married the only rights he would have after a paternity test is to prove that he is the father and that he could have visitation rights. I suggest you get an attorney - if your really can not afford one you should be well prepared. Answer the complaint as tot he allegations stated (ie admit to allegation no. 1, deny allegation no. 2, etc. )

then add Counterclaim and restate the the allegations l though 5 or whatever number it is, and start with the next number in line and state facts as they apply. IE Father has a drinking problem, refuses to seek help for his alcohol addition. next, the safety of the child is in jeopardy in that the visitation was only allowed while in the home of his parents. next, the enviroment in that home is questionable in that it has now come to your attention that ......, next and next and so. Then for your prayer state:

Wherefore, I pray tht this action be dismissed, that custody remain with the mother and the father be allowed supervised visitation only. Child support in the amount of $______ should be given and made payable to the child support division office of Tallahassee beginning July 1, 2010 and continuing until the child reaches 18, graduates from high school or becomes emancipated.

Then sign your name __________, pro se. Send a copy to the attorney and file the original with the court before your 20 days are up.

I will be glad to assist you if you are in this area.

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Answered on 6/18/10, 8:21 am


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