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I'm filing for divorce and custody, my child is with me, does that make me the primary caregiver until the court date?

Largo, FL |

I need to know if I have primary custody until the court date, and if I can tell the dad when he can see our son

can he just take my son and not bring him home? Or if I'm not at home and my parents are babysitting, can he come with the cops and take him? The ppl that own the residence my husband lives in smoke pot, and the woman is a self injurer, she burns herself and has huge scars from it, and my son is afraid of her, she also has pills all over the house, because she's a hypochondriac, 4 of them being narcotics.

Attorney Answers 5

Posted

We don't use the term "primary caregiver" or "primary custody" in Florida. The reason we did away with those kinds of terms is because they make it sound like one parent has more control over a child or has some power over the other. It makes one person think they can "tell the [other parent] when" the other parent cann the child. That's what you seem to think. Instead, you should think about you and the father getting together to discuss and agree upon what each of your timeshare will be. If you can't agree, the child will be much more likely to give you more time, since you'll be the parent more willing to understand the rights the father and cooperate to ensure ehat's best for your child.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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Asker

Posted

I have tried coming to an amicable solution til the divorce is final, but he will not cooperate, and keeps threatening to keep my child, and the lives in a house that is so far from suitable for any child. He lives with a self injuring drug addict, and a transgender, and a 13 yr old that is so messed up in the head she already has anxiety and Agoraphobia. Plus my son does not have his own room, and his dad sleeps on the couch over there.

Posted

No. Unless there is a court Order stating otherwise, you are both equal parents with equal rights. You and your husband should both be exercising good faith to share time with your son as is in the best interest of your son, until such time as you execute a Parenting Plan or the Court determines the time-sharing.

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Posted

Untile there is a court order no one has primary custody. Try to work things out and be reasonable (even if he is not).

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Posted

Under the current Florida Statutes, both legal parents are equally entitled to share time with their minor children. Until such time as a Court has determined what the terms of a Parenting Plan will be, both of you are equally entitled to spend time with your son, unless other extraordinary circumstances or legitimate safety concerns exist to preclude the child's Father from seeing your son freely. The best inerest of the child is always the standard viewed by the Courts. One should always keep in mind what is best for the child. Any strategy or decision honestly made with that focus at the forefront will be result in a more reasonable outcome.

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Posted

All of the above attorney's have provided excellent and accurate information regarding your question. To the extent that you have discussed this issue with a friend that had a similar situation, the answer to your question hinges on the fact that you are married. If you were not married and the father had not established any rights to the child, the answer to your question would be completely different. This should ease any anxiety you may have if someone where to say that they were told something different.

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