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
Answered
  • 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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.