Legal Question in Family Law in Florida

I have a family law question in Florida.

My husband was awarded full custody of his two boys in September, 2011, after primary custody was take from his ex in January of that same year due to illegal drug use. The courts gave her a case plan that she was supposed to complete consisting of taking random drug tests, taking parenting classes, finding stable living and a job to pay bills. She didn't fullfill any of these which led to my husband getting full custody with her getting supervised visitation at his disgression. Since the boys have been with us, they've told us some horror stories about abuse and neglect that happened while they were with her. We've set guidelines for her to earn visitation, basically following what the courts set forwards with classes and such, but she refuses to do any of them. We also ask her to call them weekly to show she can be consistent and stay in their lives. She only calls about every 2 months. She spends more time sending us harassing texts instead, so we asked her to start using to communicate with us so all communication is documented. She refuses to use the site, we're tired of all the harassing texts. My questions are: 1. What are her legal rights to the boys as of now? 2. What should our next steps be? 3. Can we block her from texting us to force use of the website and give ourselves a little peace? And 4. I'm "just" the stepmom, but I've been with the boys almost half their lives, so I have any rights or a say when it comes to the boys? I'm with them most out of all three of us adults and really am their primary care giver.

Asked on 6/15/15, 9:54 am

3 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

I would have to read his order. Not sure that she gets anything unless he says so. If that is the case, cut her off. Tell her she can maintain communication with the children but will have to do so through you selected website, then establish yourself a new site that she has no access to so that messages are only on the other website that concern the children.

You don't say how old the children are - if they are teens they have a right to refuse communication. Again I would have to see the order. Seems to me the judge may have just stated that if he wanted to maintain a relationship with her with the children it would have to be supervised. Otherwise, he does not have to.

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Answered on 6/15/15, 10:15 am
Robert McCall Law Office of Robert McCall

Only he Judge can answer these questions. File a Motion.

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Answered on 6/15/15, 12:54 pm
John Smitten Carey and Leisure

As step mom you have no rights. If she is harassing you then get a restraining order.

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Answered on 6/16/15, 6:34 pm

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