Q: I have a question about custody
im married and we have two children together. we moved tomflorida in 2020 but he decided to have a double life with someone else in PA and we are no longer together. I want full custody of my kids. is that possible? I dont even want him with visitation because he smokes marijuana, has no job, and the mistress plays on my phone and threatened to spit on my kids. for that reason alone i dont want my kids around her! will the judge grant my wishes about who can be around my children? what can i do? please help
A: I would recommend you take a look at Florida Statute 61.13 which contains the factors the court considers when determining timesharing. It is rare for a court to order someone to have sole custody or sole parental responsibility unless the facts of the case warrant it. Usually in order to obtain sole parental responsibility and 100% of the timesharing you must be able to prove that the other parent is somehow unfit and that having contact with that parent would be a detriment or danger to the children. As you can imagine this is a very high bar to meet hence why the court does not order this sort of restricted timesharing often. I would recommend that you contact an attorney to assist you as these matters will not only effect you but also your children and it is important to have a professional by your side to help you navigate the process.
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