Legal Question in Family Law in Florida

Taking a Child on a Motorcycle Reason Enough to Change Custody?
My husband has custody of his son for almost 3 yrs. Custody was awarded in FL after Former Wife committed adultery, partying, & had a nervous breakdown. All was mentioned in orig. Final Judgment of Divorce & orig. Custody Eval. My husband is a US Marine recently relocated to CA. Former Wife petitioned the court on this basis of & his taking his son on his motorcycle. He gave him rides from 5 years old, always wore a helmet, had a backrest, never over 40mph. He drove according to law on paved roads. The verdict came back in favor of Former Wife: full custody based on (paraphrase) my husband being active duty military & could be deployed (although he�s an electrician not likely to see action), has taken the child on a motorcycle, & allowed him to use 2-way radios. After the verdict came back Former Wife has allowed child to ride on an off-road ATV without a helmet. Our child is now 6, learning to read in a private kindergarten (2nd in his class), well balanced, happy, etc. Is this legal? They want the child returned to FL & taken out of school in 30 days. We are about to start the appeal process with our current lawyer. Advice?

Asked on 2/09/02, 5:40 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: Taking a Child on a Motorcycle Reason Enough to Change Custody?

No, not even close.

Answered on 2/09/02, 7:29 pm

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