Legal Question in Family Law in Florida

Child Custody Modification

I am hoping you can help me. Or actually my fiance, ...he is currently incarcerated at Washington Correctional Annex. He has had custody of his 11 year old daughter since his divorce from the little girl's mother four years ago.

The mother is mentally ill - diagnosed with schizoprenia. She has recently hired an attorney - to gain custody of their daughter. She has made threats to myself and his family members to kill us, kidnap the child, etc. We are very concerned.

The child, is presently with the mother, who is unemployed, has a revoked license and living with her mother. We may need to hire an attorney that will meet with my fiance at Washington Correctional and represent him for this case, although money is very limited. We need to act quickly as he has 20 days from today, the 27th, to reply.. I guess my immediate question is - how likely that a modification can be made while (1) the father is incarcerated and (2) what is the chance that a mentally unstable mother would be granted custody.

We are at a loss for what to do - please help us if you can.

--name removed---name removed--

Asked on 7/01/08, 12:29 am

1 Answer from Attorneys

Re: Child Custody Modification

The child should be placed with a relative if and when the mother's mental issues come to the front. I would go see a family law attorney right away, request a free consult, put the facts out there. Not easy as you will need expert testimony to show her mental instability and garner the police to whom the threats to kill were reported and investigated. Time is of the essence here!

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Answered on 7/02/08, 3:09 pm

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