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
A:
If you are seeking sole parental responsibility for your child, you can file a motion to modify your parenting plan with the court. You will need to provide evidence of factors such as alcohol or drug abuse, negligence, or domestic violence against the father in order for the court to consider granting your request.
The court may still order supervised or limited visitation with the father based on the specific circumstances. And if there is no risk of harm to your child, the court may still grant the father liberal visitation rights, even if you have sole parental responsibility.
Talk to your lawyer to know how best you can proceed with your case.
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