What are my rights as an unwed mother in the state of florida?

Asked over 5 years ago - Orlando, FL

I live in Orlando florida and my sons father was just recently baker acted. He has a history of mental illness and drug abuse. I'm afraid that one day he will come to my house and try to leave with our son and I don't want that to happen. Is there anything I can do to prevent this from happening? can I file for soul and physical custody?

Additional information

In addition to his mental illness and drug abuse there is a domestic violence case between the 2 of us and he was charged with it back in 2006. I haven't received any money from him in the past few months and he sees his son very rarely. He has also gone ahead and filed his taxes and claimed our child on them. After obtaining the money from his taxes he disappeared with it and was found 2 days later by law enforcement unconcious from an apparent drug over dose suicide attempt. he is currently being held for observation but I'm afraid once he gets out he will come and try to take our son from me and I don't feel he is in the right state of mind to even have visitation as of right now. I know that florida with custody battles favor what is in the best interest of the child but I feel that in the best interest of my child it is better for him not to have anything to do with his father.

Attorney answers (1)

  1. Jeffrey Feulner

    Pro

    Contributor Level 13

    Answered . The first step is to file a Petition for Dissolution of Marriage. In your Petition, you can request that the Court award you the majority of overnight visits and establish a timesharing schedule for your husband. You can also request that, at least initially, any time your child spends with his father be supervised. It is important that a child spends time with both parents but your child's well being is the most important factor to the Court. Once a Petition has been filed and you have an open case in Court, you can file a Motion for Temporary Relief and request that theCourt establish a temporary timesharing schedule during the pendency of your case. You can also file a Motion asking the Court to require you Husband to submit to random drug testing.



    www.mensdivorcelaw.com

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