Legal Question in Family Law in Florida
Ok, my ex wife and i are going through a divorce, the papers were filed in October of 2011. On December 13th 2011, the judge ordered joint custody for our then, 3 year old daughter. Around March of 2012, my current girlfriend whom i have a son with, told my ex to come get our her daughter. After that incident, my ex wife got an attorney and filed papers for sole custody. On August the 20th 2012, we had another court hearing. My ex wife, her attorney, myself and the judge were all present. Witnesses for both myself and my ex were all called in, one by one, to discuss what all has been going on over the last year. Keep in mind my ex "wife" and i have been seperated since December 27th 2010. Anyways, at the end of the hearing, the judge oredered me to pay $320 a month in child support and i could only see my daughter every other weekend Saturday at 8am-Sunday at 8pm. Keep in mind that is only TWO (2) days a month, FOR $320!?! That is 100% NOT fair! My current girlfriend, also went through a custody dispute with her ex boyfriend and there son. The judge ordered joint custody and neither parent has to pay child support ever! Anyways, there "shared parenting/joint" has been working out well lately. Well anyways back to my story, On August 20th 2012, the judge ordered me paying child support and only 2 days a month visitation. I couldn't afford an attorney at the time, since i was only making $9 an hour and supporting my then "pregnant" girlfriend and her two (2) children, and my ex had an attorney. So the ball was of course in her hand. She won everything. I then, at the end of the court session threw up my hands and said "I want to terminate my parental rights because i have a family to support and i can not afford the child support right now!" The judge then looked at my ex wifes attorney and said "If you can type out the order of what BOTH parties, husband and wife, want and fully 100% agree, then i will sign it and the husbands rights can be terminated." Well, after months of waiting, and me paying my wife half of the attorneys fees ($500), another hearing was set, and i did not recieve a notice of hearing. It was on May 16th 2013. My ex and her attorney were both present. The Atoorney said that both parties agreed, signed and notarized the paper work for the husbands rights to be terminated. The judge then said, "I am denying this, i want my original order." Where i, the husband pays $320 a month in child support and 2 visits per month ect. ect... Anyways, i received a personal phone call from my ex's attorney and he told me " If you leave your Ex wife alone and do not see your child, i will basically "Stall" the income deduction order." So basically terminating my rights "under the table." And he told me to not "stir the pot" and do not file any more paper work. I do not know what to do. This is all illegal. My question is, If i do get an attorney, and i file for "Joint", will it be possible that the judge will grant it? I just want my daughter and i want it to be legal, binding with the judge. Thank you. - Kyle G. West
1 Answer from Attorneys
You have to be consistent with your message. Telling the judge you want joint custody and also telling the judge you want to terminate your rights is not a consistent message. The judge denied the termination request, which was the correct move, your children need you. You should retain a lawyer.
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