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Question: Divorce, Marriage, Alimony - Florida

Asked on 9/28/2009
Can a single man that does not work take custody from her mother?
My ex-husband who has an IQ of 69 (medically proven) that has not had a job in 3 years + is trying for sole custody of our 8 year old daughter. I have had continuous employment and am remarried. My new husband and I had an argument, while my daughter was home, in which he was taken to jail. He was kept overnight. I bonded him out and he received 6 months probation, 12 weeks of anger management classes and 12 weeks of marriage counseling. There was no violence, just an argument that got too loud. Can I fight my ex-husband to keep him from getting sole custody of my daughter?

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Answers (2):

M.D., Member in Good Standing of the California and New York Bar


Yes, you can fight this, however in Florida, as with all other states, the court will always be looking out for the best interests of the child.  What you want or your spouse wants is not really relevant until the court says it is.  Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children.  The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.


  • Answered on 9/28/2009
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Based on what you have stated, it would seem that his likelihood of prevailing is probably not good. However, the courts do take domestic violence very seriously, especially when it happens in the presence of children. Therefore, it is strongly recommended that you obtain a lawyer to represent you in these proceedings. There are multiple factors that are considered in the State of Florida to determine what living arrangement is in the best interest of the child, and that is their foremost consideration. These factors need to be appropriately presented to the Court, and an attorney who specializes in Family Law matters would be able to assist you with this.

My office offers free initial telephone consultations if you would like to discuss this matter in more detail. If you would like to schedule a telephone consultation, please contact my office.



  • Answered on 9/28/2009
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