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Custody clarification

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

Posted

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.

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Asker

Posted

Thank you for the advice. I agree re: the depos. They were given in regards to the criminal case he caused to happen when he hit my car, because of prior damage to his car, he did tell the first police officer that they were caused by my oldest daughter 27. However, "witnesses" saw damages and said "oh my God look what she did to his car". He saw his moment and agreed with them after the fact. I decided to plead no contest to 1 ct agg batt w/deadly (car) to avoid my girls having to testify on the stand. Had a pub def. Used $ on Atty who in 1 mo made 2 phone calls & wrote 1 letter to prosecutor. I realized after plea was done that they did not give me probation for the girls, but for him. Pub def said, "if you had $ for a "regular" atty, you would not have even been charged". Well, here we are. I am in process of rebuilding my life, continuing to mother my children. I need help to get to the next step. The first being good advice. Ultimately, I would like to have the children live with me, receive child support necessary for them, receive bridge the gap or rehab alimony. Also, because he chose not to pay taxes for years, my past three yrs tax returns were applied to his 2006 tax debt, approx $14,000. He also had a condo quit-claimed to him in lieu of payment from his boss from 2007-2008 in 2010. He also has a girl who is now 18, with a 4 yr old daug & is preganant, due in March 2013. The father of the unborn is now staying in the house with my three girls. He has driven without a license for a long time yet manages to slip through the legal net. I know it is a lot but perhaps there is some perspective I can get. Thank you for your time and advice.

Asker

Posted

Note: When I asked why after a year and a half of separation and minimal contact with all the girls, he only took our middle daughter who a social worker felt had an unnatural attachment with him, would he want to have the three girls all the time. He responded without hesitation "Two reasons: 1 I don't want to pay child support and 2 I want control." I told him I would waive all child support so I could have our girls. He had asked me in Nov 2009 (the incident w/car occurred 3/30/10) if he bought me a condo or townhouse, would I waive all future child support? I told him I would think about it. A month later he hit my daughter he helped rear since she was 14 mos. DCF would not allow him to see her and he had to be supervised when he saw our three girls. When they closed the case & I put him back on the daycare list, He told me "one day you"ll see what it's like to not be able to see the girls." I want this to have a good resolution for our daughters. Even though he had raised his hands to me during our separation, I did not get a restraining order. He however, saw nothing wrong with lying. My daughter, 10 at the time, pulled her sister out of his car to get into mine. The front seat closed and her leg had a red mark on it. He used that to get the restraining order. Because of the pending criminal case, the judge advised that while I may prevail in the family case what I say could be construed by the other court unfavorably.

Posted

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.

Sincerely,

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

Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

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Asker

Posted

I reside in WPB. So does he. The case however is in 17th Judicial. Do you practice in Broward?

Daniel A. Bachert

Daniel A. Bachert

Posted

No, I do not practice in Broward. If you are both residing in WPB the case could be moved to Palm Beach County.

Posted

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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