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I know my husband and i won't agree on the parent plan. The court wants to us to agree. what can i do?

Homosassa Springs, FL |
Attorney answers 2

Posted

If you don't agree, the court will decide. You need to have a lawyer. If it is your word against your husband's, with no credible corroborating witnesses you may have some difficulties. But even with good proof, you should have a lawyer. Courts are very reluctant to limit parental contact, so you really have to prove a strong case.

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Asker

Posted

i do have two witness of him braging that he gave him alcohol. I can afford a lawyer and legel aid are low on personal. i'm not sure what to do.

Heather Morcroft

Heather Morcroft

Posted

We can't tell you what decision to make, and neither can a lawyer that you hire, whether you hire them or go to Legal Aid. What I can tell you is that you need to get a lawyer. There are good and bad private lawyers and good and bad Legal Aid lawyers, but you need to find one that you trust, get the options, and then you have to make the decisions based on the choices available. We don't make choices for our clients, we just present them with options.

Posted

The first step, if you cannot agree, would be to go to mediation. This should occur after the divorce has been filed, if it has not been filed already. Then, if you still cannot agree, then the Judge would have to determine what parenting plan is in the best interest of your son. You would file your proposed parenting plan, signed only by you, as to what you believe is in the best interest of your son. Then, you would need to present evidence to support your allegations that he is a danger to your son in order to be awarded supervised timesharing. You should consult with and retain an attorney to assist you, as knowing what evidence a judge will consider and how to present it can be very complicated, especially given how important of an issue this is.

Detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly.

Should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

Joanna Mitchell
Mitchell & Associates, P.A.
614 E. Hwy 50, Suite 327
Clermont, FL 34711-3164
PH: (352) 324-2444
FX: (352) 324-2229
Email: jmitchell@mitchell-pa.com
Web: www.mitchell-pa.com

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

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