Q: Hello, what are the substantial grounds to request sole parenting responsibility in Florida? The Father is in contempt.
We executed a parenting plan during divorce proceedings last year. I am the mom and I could request up to 3 drug tests (hair follicle) from the Father - if positive, it suspends his timesharing until he provides two clean tests within the same week. Father has tested positive for cocaine, which suspends his timesharing according to what we filed. Also, I have concerns regarding negligence (my son came to my house with a second-degree burn two months ago and got a cut on his head last year. Father has a history of drug abuse, also domestic violence (which led to our divorce), and criminal history (DUI), he also has a roommate who is someone he used to do drugs with before I met him - I expressed being completely opposed to having this person around the child. I would like to request sole parental responsibility. I can't trust my son's Father and I have evidence regarding the domestic violence in the past, drug test results, negligence, etc. What are the chances? Could I be successful?
A: You need to be clear about the difference between sole parental responsibility (decision making) and 100% timesharing. It sounds like you want 100% timesharing which is difficult to get. The court is always going to try and encourage a relationship between the child and both parents. You have given a lot of examples of bad behavior by the other parent. You will need to prove in court that these are current concerns with a likelihood that they will happen and be harmful to the child. Speak with a local family lawyer for more specific advice.
Pamela J. Fero agrees with this answer
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