child custody modification procedure under FL child custody laws

TRIAL TO MODIFY CUSTODY- I NEED DIRECTION....: .When, I stand there in the court room before the Judge on trial day- what is going to make or break my case?

Knowing how to play the game is my only chance and I need YOUR advice. Here's my story. I am a 30 yr old woman/mother of a 13 yr old girl- I became preganant at 15teen . marriage arranged due to pregnancy. 3 months after the birth of our daughter the marriage was disolved. Primary residency was granted to me. When Destinee was 7 I turned to the father for help and asked that she stay with him for a few weeks. 3 weeks later I was in court for temp custody to be granted to the father- I agreed. During this time I was under a lot of stress with NO FAMILY to help and this is why I agreed. However, the father imediataley shut me out. I felt helpless... he always told me "You gave ur daughter UP"! U hear it enough and u start to believe it :( I know this is no excuse but its the truth. Despite the obvious- she has lived with him for 6 years. I have filed a motion to modify custody to gain back my daughter because she is so badly crying out for a mother. There is no set visitation by the court. He allows me ONLY everyother weekend frm Fri6pm-Sun6pm- No days during the week. I speak to my daughter daily and visit her at school weekly. She wants to be with me and we share a close bond. I am a successful woman w/ stable envorirmoment and home. I make great efforts TO TEACH my DAUGHTER..... & SPEND ONE ON ONE TIME WHEN WE R TOGETHER. Currenty, her father has re-married with 5 more children added. He doesnt work.... and hasnt for several years- wife wrks full time and his mother funds many of his finances. He doesnt spend one on one time w/ Destinee rather her grandmother is the one who does. The father has sated that Destinee does not need me for anything and that her grandmother and stepmother are mother than enogh of a role model. Jason has much HATRED towards me and speaks badly about me in front of Destinee. Calls me names like W%O#$RE, S^&t, scum bag, piece of sh$^$t, etc... If u met me it is clear to see that I am a woman with morals, standards, and ambition. Jason on the other hand is a very angry individual who has always tried to prevent the growth for a mother/daughter relationship. Also, a DCF case is open because Jason THREW his nephew across the room. More importantly, Destinees grades last year were very poor...eating habits are bad- she is overweight and is not getting one on one attention at home. I have retained an attorney but would like ur advice please. HOW DO I WIN THIS CASE AND WHAT IS GOING TO HOLD THE MOST WEIGHT IN COURT?????
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Answers (1)

duffymp

Your daughter is 13 years old and can make her own decision as to where she wants to stay. If she REALLY wants to live with you it is a pretty easy case. Take it to court and have your daught testify that she wants to live with you and the thing is over easy..
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