Legal Question in Family Law in Florida

Hello. The mother of my child is getting a divorce from her husband. My child's mother doesn't work and never has for the past 8 years of my child's life. With that being said, now she has nowhere to stay and no money to her name. I asked her to let me keep my daughter until she gets back on her feet and she refuses. She also refuses to let me keep her during the school year so that I can get her the much needed help she needs so that she will not be held back a grade. Would this situation meet the requirements to file a motion for emergency temporary custody of my daughter? I have always tried to be civil with my child's mother, but she has always made it a point to make things difficult for me. Despite all of her wrong doings, I have always been the bigger person but I think this is my last straw. She has not once thought about what is truly best for our daughter but only how she benefits from it. Could I get emergency temporary custody of my daughter and possibly become the primary/custodial parent permanently? This case would be located in Florida

Asked on 6/06/20, 9:19 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

The best interests of the child is the deciding factor. You can certainly petition the court for temporary custody.

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Answered on 6/06/20, 9:41 am
Philip Duvalsaint Philip A. Duvalsaint, PLLC

You can and should petition the court for custody. The primary factors is the best interest of the child. The court will also look at:

1. the current living situation;

2. the child's school and home history;

3. the the parents' mental, physical and moral status;

4. the permanence of the proposed home;

5. continuity of the child's situation;

6. each parent's ability to provide for the child;

7. the relationship between the child and the each respective parent;

8. domestic violence (if any);

9. whether the parent will cooperate and encourage contact with the other parent;

10. whether the parent will be reasonable in accommodating any changes that need to be made;

11. whether the parent will honor the time-sharing schedule;

12. the involvement of each parent with the child's life (i.e. teachers, friends, extracurricular activities, etc.);

13. the ability of each parent to meet the child's developmental needs; and

14. how parental responsibilities will be divided up after the proceeding is over, including how much of the parental responsibilities will be performed by someone else (such as a nanny).

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Answered on 6/08/20, 6:18 am

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