Sarasota, FL asked in Family Law and Child Custody for Florida

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?

Related Topics:
1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

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

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.