Q: What can I do to gain custody after father's arrest for child abuse?
I have two sons, ages 14 and 12, who live with their father in Florida. Their father was arrested last night (3/26/2025) for aggravated child abuse. Despite this, I was not contacted to see if I would want to take my boys home with me. I have not seen them in almost three years due to the mental abuse I suffered from their father and his wife, although I have been paying child support. Currently, their father has full custody, and I was allowed supervised visits every other weekend at my mother's house, following a past domestic battery charge against me that was dismissed in 2021. What steps can I take now to gain custody or at least ensure their safety following their father's arrest?
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A:
Given the serious circumstances surrounding your ex’s arrest for child abuse, it’s important to act quickly to protect your sons. First, you should immediately file for emergency custody with the court. In Florida, the court will consider the children’s safety and well-being, and you can request that the children be placed with you temporarily while the legal process unfolds.
Since your ex has full custody, you will need to demonstrate to the court that you are a safe and suitable guardian. Gather any evidence of the abuse, including the police report, and document your attempts to maintain contact with your sons. It would also help to provide any records of your child support payments and past supervised visitations.
Contacting a family law attorney will help guide you through the process, especially if you are unsure how to proceed without legal representation. If you can’t afford an attorney, there are often resources or legal aid organizations that provide assistance in custody matters. The most important step is to ensure that your sons are safe, and the court can help you establish your rights as their mother.
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