I'm a single father in Florida with custody of my 7-year-old daughter. At the time of my divorce 2 years ago, my ex-wife and I agreed that I would take custody (she would retain full parental rights, of course) of our daughter. Now, two years later, she is starting to make noises about wanting custody back. She's now living with a boyfriend.
My understanding of Florida law is that post-judgement modification of custody is very difficult to petition for, and that she would have to show a serious lapse in our daughter's care before the court would be able to modify custody. I've taken exemplary care of her, footing the bill for just about everything, including her school. The only drawback to my situation is that I work odd hours, including nights and weekends. When I work, though, she stays with my parents, who live half a mile away.
I guess I'm just looking for reassurance from people knowledgable in these things that my position is secure!
2006-07-14 10:41:31 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The man she's living with is a guy whose 20-year marriage she stepped in and busted up. She also broke up another man's marriage while she and I were still married. I don't know how much bearing that would have legally, but her actions are all verifiable; for instnace, the man she's living with now . . . his divorce decree states that she's not to be left alone with his kids.
2006-07-14 10:49:41 · update #1
Any situation like this is stressful but as long as you have documentation and everything is in order I would not worry. I also hope you have a lawyer to look out for your best interests. I don't know if your ex is vindictive but for you I hope not. If she is things could get dragged out, but I don't see why anything would change I wish you all the luck.
2006-07-14 10:46:47 · answer #1 · answered by twinsmakesfive 4 · 0⤊ 0⤋
I am not an expert in this field but I can simply put it by saying that I am pretty sure you are in a good situation here.
The only way cutody can be taken from you is by her proving that the child is in an unfit environment. You working abnormal hours is not a valid material reason to take custody away from you.
Like you said, a post-judgment modification is extremely difficult to change, especially 2 years after the fact.
Again, from the information you have provided, you are good to go and you should be pretty confident there will be no change in the status of your custody. Good luck, I hope the little one is well!
2006-07-14 11:09:00 · answer #2 · answered by Anonymous · 0⤊ 0⤋
She would have to show that you're an unfit parent. Unfit are alcoholics, prostitutes, people involved with drugs, abusers, people who neglect their kids, etc. Sounds like you have nothing to worry about. She seems intent on wanting to waste her money.
2006-07-14 10:46:25 · answer #3 · answered by scubalady01 5 · 0⤊ 0⤋
unless you ex has undisputed proof that you have been neglectful you really have nothing to worry about.
2006-07-14 10:46:55 · answer #4 · answered by c_aldridge57 2 · 0⤊ 0⤋
yes it can
2006-07-14 11:14:03 · answer #5 · answered by idontkno 7 · 0⤊ 0⤋