Custody clarification

Asked about 2 years ago - West Palm Beach, FL

12 !/2 yr old daughter does not have his name, nor is he on birth cert DOB 2/15/2000. Married 4/22/2001. Two daughters born of marraige 11/3/2004 & 6/2/2006. Was stay at home mom. Left due to his marijuana use, use of pills rec'd from brother & sister-in-law, volatile behavior. Pending divorce. Mediation agreement in place because of restraining order he rec'd which has expired. He lied. Children gave depostions regarding that he lied and what happened. Said 2 reasons he wants girls, 1. doesn't want to pay child support & 2. wants control. Girls not happy with situation. What are my rights? What are my children's rights?

Attorney answers (3)

  1. Gwen Cryer


    Contributor Level 10


    Lawyer agrees

    Answered . If you and your husband cannot agree on a time-sharing schedule, you will have a custody trial before the Judge. The Judge will establish a time-sharing schedule based on the best interests of the children. There are a number of statutory factors that the court will consider when making a determination of what is in the best interests of the children, and you should become familiar with those now. Review Florida Statute 61.13 for a list of the things the court will consider. The girls are too young to be giving depositions in a custody case, and instead they should be shielded from this litigation as much as possible. I advise you speak with a family attorney to represent you if at all possible.

  2. Daniel A. Bachert

    Contributor Level 14

    Answered . Gwen gave you excellent advice the children never should have been subjected to a deposition. You need to have a local attorney review this case asap.


    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951

    Please be aware and advised that this public forum is designed to provide only general information, to give you a... more
  3. Robin Bogen Roshkind

    Contributor Level 6

    Answered . You need to have a lawyer and take this to trial. If you want to retain counsel, call our office 561 835 9091 for an appointment. Bring with you all relevant court documents. Robin Roshkind, Esq.

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