It's not a question of "best" when it comes to family court. In family court, you use all your arguments, and you've got plenty. Retain a lawyer (children's lives are too important to risk not using lawyers), and file for paternity and primary timeshare immediately, including an emergency motion for you to take the child.
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I think that Mr. Rose hit that one squarely for a ground rule double. You do have some helpful facts (although we've yet to hear what the other side will say and that must be considered). However, I just want to underline that the best set of facts, if improperly delivered, (or worse yet not admitted into evidence) will not get you anywhere. Keep the momentum in your corner where it should be by hiring a reputable family law attorney. You cannot afford to go at this on your own, in my opinion. Best of luck.
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I agree that consulting with and retaining an experienced and dedicated family law attorney will go a long way. Search here on Avvo and contact some local lawyers.
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You've given us a lot of information. The key is to demonstrate that you are the better majority-time parent because it is in the best interest of the child. A lot of what you have said here would be relevant to that. I would recommend contacting a family law attorney in Volusia County to determine how to best use of this information.
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As my colleagues have stated, there is no single argument that will "win" your case. In fact, there are twenty factors the court will consider when determining child custody or, as the courts now term it, "time-sharing." It sounds like you have a lot of things in your favor. Time to hire an experienced family law attorney to help you get the best result. Our office would be happy to discuss your case with you at no charge.
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