Legal Question in Family Law in Florida

My son

My son lives with me and I take care of him all the time. He Father is never around and only help me everyone in a while. How do I and what are my chance of getting sole custody and child suppost with out visitations? His father ( when he does call) threatens to take My son whom is four and leave the state with him. Do I have to get a lawyer?


Asked on 10/15/07, 11:04 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: My son

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

In order to get sole custody you must be able to show that visitation with the father would be detrimental to the child and is therefore not in the child's best interest. This is rarely done by the courts in Florida. Most judges would rather have supervised visitation if there is some problem than none at all. If you seriously want to try, then you should retain an attorney who will know what to plead in attempting to obtain sole custody. It will be almost impossible by yourself absent a very compelling reason.

Scott R. Jay, Esq.

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Answered on 10/16/07, 12:01 am


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