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FL child custody laws, procedure for seeking child custody/parenting plan modification

When, I stand there in the court room before the Judge on trial day- what is going to make or break my case?
I am a 30 yr old woman/mother of a 13 yr old girl- I became preganant at 15teen and a marriage was arranged due to the pregnancy. 3months after the birth of our daughter the marriage was disolved. Primary residency was granted to me. When Destinee was 7yr old I turned to the father for help and asked that she stay with him for a few weeks. However, 3 weeks later I was in court for temp custody to be granted to the father- I was under duress and AGREED. During this time I had with NO FAMILY to turn to 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 stated 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- weighing in at 172lbs at 5'8. Destinee does not get one on one attention from her father. I have retained an attorney but would like ur advice please. Although Destinee currently lives w/ her father for 6 years- she also, lived with me for 6 years. What would YOU do if this was ur child -WHAT IS THE BEST STRATAGY TO WIN THIS BATTLE????

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Attorney answers (1)

Reputation Level 13
You will certainly be awarded a timesharing schedule, which could just be the same time that he is currently allowing if the court finds it is on the child's best interest. I also fail to see what substantial change in circumstances exists now as opposed to the last 6 years. If the child is being adequately cared for, which it sounds as though she is, then the court would have no basis for giving you "primary residency" of your daughter.
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