What to do if my daughter’s father is trying to get sole custody?

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What to do if my daughter’s father is trying to get sole custody?

We were never married and no other custody has been established other than thestate default to me, the mother. He filed originally, I filed an answer. He has now told me that my answer is not sufficient to be considered for custody at all. I have a lawyer advising me on this, but she has been wrong in the past. Yesterday, she said to file a counter petition. I found out that it costs money and asked her further questions. She said to file it just as an amended answer now, and that I shouldn’t have to pay for anything. Which is the proper way? I don’t want to spend the $300 if it is completely necessary but I don’t want to risk her being wrong either.

Asked on October 24, 2012 under Family Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that that best way to get your situation resolved to some sort of comfort is to sit down with your attorney and go over what needs to be done in a time manner. Once decided what needs to be done with either a counter petition or an amended answer have the attorney do so in a timely manner and make sure you are provided with a conformed copy of what ultimately is filed.

From what you have written, an amended answer seems to be the way to go.


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