Legal Question in Family Law in Florida

What would most likely be the custody arrangements?

My husband had a child with his girlfriend(now 5), the child has been almost always in daycare almost the whole entire day (her Biological mother was never a stay at home mom) when they split the girl was about 20 months old and they kept a ''joint custody'' (not legally) arrangement, in which they would have her randomly, but he had her mostly on the weekends and holidays.

We got married when the girl was 4 years old, and during the first months I was the primary caregiver, her mother was in another state, she came back to Florida but I kept being the primary stay at home caregiver (along with my 1 year old son whom she loves) she started prek and I have been the one driving her back and forth, cooking for her, and everything. Her mother lives with her boyfriend and they don't even have a room for her in that house, when she goes she stays on the couch. She has been more ''active'' in the child's life by spending a few hours a day with her... She now wants to move to another city and take her daughter with her, although her daughter has basically lived here for the last year.

how much would a lawyer cost? and of course, what do you think the judge views on this would be on this situation?


Asked on 3/16/09, 12:14 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: What would most likely be the custody arrangements?

If your husband has never established his father's rights, his ex can move without him having any legal ability to stop her. However, if he files a paternity case quickly or has filed one before, she won't be able to legally move with his child unless the judge allows it.

Given what you've described, I'd say his odds of getting custody are good, and a lawyer would be in the range of three to fifteen thousand dollars, depending on what city you live in.

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Answered on 3/16/09, 10:41 pm


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