I am a single parent...my son's father lives 4 hours away, however he does call every now and then, in addition to bringing a gift a christmas time. He has gone through several girlfriends, but his latest one he conceived a baby with and live with. Even though his mother has stated to me that she is crazy, I still invited them both to a birthday party in which she was extremely mean spirited and rude. His father is insisting that I allow him to come to stay a week with him. I am so disturbed regarding letting him go because she doesn't like me and doesn't seem to care for my son. I would like to file for full custody if necessary to keep my son from having to go down to his dad's while he is living with this woman
The fact that the father has a girlfriend with whom you do not get along with is irrelevant to the time sharing and a refusal to follow a time sharing order based upon the same will most certainly expose you to a Motion for Contempt, attorney's fees and other sanctions. To modify the current parenting plan you would need to allege and prove a substantial., unanticipated change in circumstances that would justify the requested modification and you have not done so here.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
Really? You keep a son away from his father--going so far as to file for sole custody--just because you don't like his girlfriend? And that because she's "mean-spirited and rude" and you've heard that she's crazy? And you'd stop your son from seeing his half-sibling? Why don't you call the father and discuss your concerns? Sure, maybe the father will be offended and get into a huge argument with you, but at least you will have tried. On the other hand, how much will your son hate you if he one day finds out you worked very hard to keep him from his father, in or out of court?
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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