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How can I get joint custody back?

Key West, FL |

I was incarcerated in Sept 2010 for two and half years. Shortly before this my child's father was awarded temporary custody. Now that I'm out and have been for 6 months, how can I get back joint custody? There was a DCF case but it was closed when I agreed to his temporary custody in my absence. What can I do? My parental rights have not been removed.

Attorney Answers 3


You can file a supplemental petition for modification. We no longer use the term "custody" in Florida. What you will be seeking is shared parental responsibility and a timesharing and parenting plan. Good luck to you.

Tami L. Augen Rhodes

This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.

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I agree with Attorney Augen. File a Supplemental Petition for Modification and ask for timesharing and shared parental responsibility.

Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.

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If your parental rights are still intact, then you can file a supplemental petition for modification and request the court implement time sharing for yourself. Depending on how things have gone for the past 6 months since you got out, etc. will determine the extent of the time sharing. Keep in mind it may begin as supervised time sharing and then gradually increase to more.

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 divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.

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