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How do I go about getting custody of my kids when the mom is not taking care of them

Miami, FL |

My ex wife for the 3rd time does not have a place to live she dropped the kids off at a friends house and never told me. They have changed schools which I wasn't aware about it. She told her friend that it was ok with me, which it is not. I pay child support and she is not helping her friend out. My oldest daughter dropped out of school and also I didn't know about it. I need help..

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Attorney answers 5


You need to file a petition for modification based on a change in circumstances, and also possibly for contempt. You will need to have an attorney review your original divorce paperwork and advise you in order to do this properly and increase your chances of even a partially successful outcome. It is very difficult to get "sole custody" which is no longer even a recognized term in divorce statutes in Florida, but you could most likely improve the situation a good deal with proper legal counsel.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******


I completely agree with Ms. Morcroft's answer, but I want to add that you really need to speak to a lawyer. You want to get "custody," yet it sounds like this entire change happened and you weren't aware. How in touch with your children are you? Your child actually dropped out? How long before you knew? If my children changed schools, I'd know about within at least a day, if not an hour. Your chances of getting "custody" sound slim without a lawyer's help.

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. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!


I agree with my colleagues. If the children are not with their mother, the court will most likely place them with you rather than mother's friend. It sounds like there is more to this matter - like Mr. Rose stated, how did all this happen without you knowing about it? How often do you see the children? I would urge you to speak with an attorney in regard to this matter. Best of luck.

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.


It certainly sounds like there is no shared parental responsibility if all of these things are happening to your children and you are not aware they are happening. You definitely need to take steps to modify the final judgment and have the children come live with you.

Good luck,

Vanessa Vasquez de Lara, Esq.


You need to hire an attorney ASAP. It seems like your ex is out of control and incapable of co parenting. Feel free to check out my website where I discuss modifications and contempt as my colleagues have suggested, as well as have links to the relevant statutes. Again, you need to make sure that your ex is acting in the "best interests of the children" which it seems like she is NOT! You need an aggressive advocate to assist you and make sure that your children are being taken care of...please feel free to call myself or a colleague to help you out.

You can reach the Law Office of Richard S. Chizever, P.A. at (305) 974-1580 or Richard S. Chizever, Esq. is a family law attorney licensed in the state of Florida. This answer is for general information only and does not create an attorney client relationship between Richard S. Chizever or the Law Office of Richard S. Chizever, P.A. and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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