If my daughter’s mother is facing criminal charges, how do I get custody of my daughter?

I have a 7 year old daughter with a woman that I was in a relationship with but we never married. We broke up over 4 years ago and she got involved with a man who has a huge criminal history from drugs to violence but mostly for credit card fraud. She was recently arrested with her husband for 20 counts of cloned credit cards. Magnetic strip and computer to make cards and a truck full of merchandise purchased with the credit cards. Cards had a value of $160,000. Police also searched their home and found more credit cards. Guns, a stolen 4 wheeler and other stuff. More charges are expected.

Asked on October 3, 2011 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am assuming some things here.  First, that the child is also located in the state of Florida.  Second, that there is no formal custody order in place at this time.  You need to sue for custody of your child in the state of Florida (the law requires that the matter be brought in the state in which the child resides for what is called jurisdictional issues).  You need to request that the mother has only supervised visitation if visitation at all at this point in time.  The facts as you have stated here are more that enough "factors" for the court to consider that it will be in the child's "best interest" to be placed with you at this point in time.  Please seek legal help here.  Good luck.

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