Asked in Child Custody, Child Support and Family Law for Florida

Q: Non custodial mother has a suspended license. Can I keep my child from going with them?

My purpose here isn’t to keep my child from her mother. I allow her mother to spend time with her whenever she comes to town, or whenever we’re in her town. My issue is, mom has had a suspended license for over a year and a half, but she hasn’t a vehicle until now. The last time she had a vehicle, she got into three separate car accidents with my daughter in the vehicle. Now, she’s got a suspended license, she lives 3 hours away, and she has no family in her area if something happens. I’m worried that she’ll get pulled over, arrested for the suspension, and our daughter will go in CPS until someone can reach me and I drive 3 hours to get her. I asked mom about her license and she says she’s already taken care of it, even though I can look it up now and see she hasn’t. Since I’ve already addressed it with her and she hasn’t handled the issue, I’ve looked into filing an Order to Show Cause. In the meantime, can I keep my daughter next time she shows up alone while still on suspension?

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Tallahassee, FL
  • Licensed in Florida

A: No. Regardless of what the situation is with your ex not having a drivers license you cannot lawfully disobey the existing custody order--unless and until the judge changes it. So instead of dreaming up all the negative possibilities that might occur if your ex starts driving on her suspended license, you are advised to focus on all the negative possibilities that WILL occur if you interfere with your ex's visitation rights.

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