Custody Modification

[joeknows]

I currently have custody of my 3 daughters. After having no contact w/ exception of phone calls for the past year and a half, my ex-wife has now decided that she would like to have custody of our daughters. She filed suit against me and I was served this past Friday morning. I read her affidavit and her claims are composed of lies that she can not substantiate. For example, she claims that I was physically abusive throughout our relationship and that she had to call law enforcement on several occasions to assist her. However, there is no record of any domestic violence in our relationship... because it never happened. In addition, she has no education, no work experience, but has remarried. She states she is now stable and capable of taking custody of our 3 children... in addition to the 1 she has with her new husband. However, on the same day I was served, I received a letter in the mail to inform me that she had filed for ch 7 bankruptcy. Seems contradictory. I also have some additional documentation that can show obvious contradictions in her claims and the truth. My question is this: Is there any possibility that if I include my claim-supporting evidence in my required response, is it possible for her claim to be dismissed without going to trial, or is it almost inevitable to avoid the hassles and expenses of a trial no matter what evidence I have? Also, if when all is said and done, the court rules in my favor, can she be required to my expenses? Can she be pursued for perjury, defamation of character, libel, etc? I also have a lawyer in the family, but he practices in Texas and Louisiana. He has told me that their law, which he believes to be highly similar to Florida's, considers my ex-wife moving across the country, away from our children and not seeing them for over a year and a half after our divorce constitutes abandonment and that I should have a good chance at being able to legally terminate her parental rights. Could this be true for Florida as well? Any advice would be greatly appreciated.

[Attorney Howard Iken]

In a family law action, it would be difficult to win a Summary Judgment hearing - which would have the effect of dismissing the Supplemental Petition. You could try - but chances of success would be slim.

In a modification action, all evidence from the time before the last final judgment is not admissible. All that stuff is washed away by the final judgment. Only what has happened since is relevant.

The fact she has been absent for so long has a huge input into the case. But it is unlikely at this point you could terminate parental rights.

Attorney Howard Iken


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