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Best argumentt for my custody case

Deland, FL |

I got an old girlfriend of mine pregnant. We wasn't dating when it happened. One thing I do know about her is that she's addicted to pain pills and she's a crazy psycho one. She also allows her 14 year old daughter to engage in sexual activity. Her daughters are now homeschooled BECAUSE "they didn't like school". Missed a lot of school because of that reason. Now here's the thing. My son was born august 18th with oxycodone (which was not prescribed to her) and opiates (which was prescribed to her - Lortabs). The baby is having breathing problems and withdrawals because of her neglect during the pregnancy. Her and the baby are sleeping in a cluttered living room. She refuses to work. I have a job a house and never had a drug problem. What argument will BEST work in family court? Thank you.

Attorney Answers 5


  1. It's not a question of "best" when it comes to family court. In family court, you use all your arguments, and you've got plenty. Retain a lawyer (children's lives are too important to risk not using lawyers), and file for paternity and primary timeshare immediately, including an emergency motion for you to take the child.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!


  2. I think that Mr. Rose hit that one squarely for a ground rule double. You do have some helpful facts (although we've yet to hear what the other side will say and that must be considered). However, I just want to underline that the best set of facts, if improperly delivered, (or worse yet not admitted into evidence) will not get you anywhere. Keep the momentum in your corner where it should be by hiring a reputable family law attorney. You cannot afford to go at this on your own, in my opinion. Best of luck.

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


  3. I agree that consulting with and retaining an experienced and dedicated family law attorney will go a long way. Search here on Avvo and contact some local lawyers.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


  4. You've given us a lot of information. The key is to demonstrate that you are the better majority-time parent because it is in the best interest of the child. A lot of what you have said here would be relevant to that. I would recommend contacting a family law attorney in Volusia County to determine how to best use of this information.

    Please note that the answers provided herein are the attorney's professional opinions based upon the attorney's experience based upon the information provided to the attorney as part of the attorney's participation in the setting of this forum. No responses posted by the attorney in question are intended to be legal advice or professional advice of any kind. No attorney-client relationship is being established or solicited. The attorney will not make any communication with the person asking the question unless that person independently contacts the attorney outside of this forum.


  5. As my colleagues have stated, there is no single argument that will "win" your case. In fact, there are twenty factors the court will consider when determining child custody or, as the courts now term it, "time-sharing." It sounds like you have a lot of things in your favor. Time to hire an experienced family law attorney to help you get the best result. Our office would be happy to discuss your case with you at no charge.

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