Custody Issues

[mommysangel]

My husband and I have been seperated for the last few years. We have one child, with no combined assets left and no agreement for visitation. No order for child support has been issued either. Estranged husband is a registered sex offender, has been on community control for past two years. He is on the fence with his child, wanting me to bring her over; I do (supervised by me). He agrees to have us over for a few hours once a week. This will last sometimes 2-3 weeks in a row, and then I don't hear anything from him for months on end. (Husband's girlfriend seems more interested in seeing the child then he does in my opinion.) All that aside, I am concerned that this pattern of seeing her father, then not seeing him for long periods of time is affecting the child's behavior and overall well being. What are the laws for gaining custody if the non-custodial parent is a registered sex offender? Alternatively, what can I do to establish a visitation schedule (if father wants to see the child regularly) and/or set up child support? I know that filing for divorce is the first step, however finances make it difficult for me at this time. One more thing, does establishing and maintaining a relationship outside of the marriage make a difference in the final outcome for divorce? I ask as both parties have established new relationships since the inital seperation.

Any information would be most helpful.
Thank you for your time.

[Attorney Howard Iken]

I do not think outside relationships will be a big factor. But the registered sex offender status will play prominent in future court proceedings. The final outcome will depend on how much his future attorney can wiggle around the HUGE facts in his situation. There is no definite outcome. It will depend on attorney skill and the personality of the judge.

And yes, you guessed it. Divorce is the first step to establishing anything.

Attorney Howard Iken
Offices throughout Florida