Asked in Divorce, Family Law and Child Custody for Florida

Q: My husband and I used to be duel active duty military. I am still in, and he was discharged for drug abuse over a year

Ago. We have a two year old together. He has resided solely with me since he left us when he was 1 month old. My husband has not contributed financially in the past two years to my sons needs. He has recently had a second baby with another woman just this year. He is a narcissist, and diagnosed with bipolar disorder. He is emotionally abusive, has a bad temper, and is probably an alcoholic. He wants custody of our child as well. I know we wouldn’t meet an agreement in mediation as neither of us will budge on a custody agreement. I am seeking full legal and physical custody of my son. I believe that shared custody would be detrimental and possibly dangerous to him. Given these factors what’s my likelihood of winning in court? I am not seeking child support and am requesting to be solely responsible for all insurance for my child.

2 Lawyer Answers
Destardes Moore
Destardes Moore
PREMIUM
Answered
  • Divorce Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: The Court will use the factors found in Florida Statute 61.13 to determine the best interests of the minor child. You can request the appointment of a social investigator if you believe the other parent is unfit to care for the child. The social investigator will investigate all of the facts of your case and provide a recommendation to the judge concerning parental responsibility and an appropriate timesharing schedule. Child support is calculated based on the Florida child support guidelines which includes the income of the parties, health and dental insurance paid by either party, daycare costs for the minor child, mandatory retirement payments, mandatory union dues, the timesharing schedule, and prior court ordered support.

Good luck with everything!

Tami Lane Augen
Tami Lane Augen
Answered
  • Divorce Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

A: There is no such thing as "full legal and physical custody" in Florida. There needs to be a determination regarding parental responsibility. Then there needs to be a determination regarding a parenting plan and timesharing. These are very specific concepts and permit both parents to actually parent their minor children to the extent possible. In the event you and he do not agree as to these issues, then you would have a trial and the court would make determinations in regard to these issues. I would recommend that you have a consultation with an attorney to discuss in detail how this works and what you can expect moving forward if you and he do not reach an agreement.

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