Legal Question in Family Law in Florida
I live in Florida. My ex and I were never married or went to court over custody of our child. His name is on the birth certificate. She lives with me and on the child support order we have in effect I am the custodial parent. He picks her for visitation on weekends most of the time, he is not always consistent. I just found out he was taken to jail last weekend August 1-August 2, 2015 (he is now out on bail). His charge is felony possesion of cocaine. I have heard rumors that he has used it before but it was only hear say and could not get proof. Since I now have proof and it is on record can I legally withhold his visitation from him and tell him no if he does ask to pick her up again? I am afraid he might be using the drugs when my daughter is with him at his house.
3 Answers from Attorneys
consult a family law lawyer right away in your home town. You need to move fast. You can't just say no - your fear that he might use around your daughter isn't enough. You need to get a court order. If your county doesn't have it's own bar referral service (google it), contact the Florida Bar referral service (again, google it). Good luck.
An arrest is not a conviction. Rumors are not proof. You should start a proceeding to modify your court order and let the judge decide.
File a petition to modify the existing order.
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