Obtaining Custody

[meggiem]

My husband is seeking custody of his two minor children who live in Florida. There is currently an order in place of equal co-parents but primary residential parent is the mother because we live in another state. it took him a year and a half to obtain the first order. And she has continued to do the same things and not comply with the order. He has already filed one motion for contempt. What are the odds of him living out of state and getting custody? This is what we are afraid of.

[Attorney Allison Belcher]

How long have you been living out of state. How much contact have you had with your children? These are some questions I would need answered to give you a better idea. However, depending on the age of the children and the amount of time they have been living in Florida with their mother and how often they have seen you, it may be difficult.

Attorney Allison Belcher,
7530 Little Road,
New Port Richey, FL 34654
727-844-7676

[meggiem]

We have been here almost 3 years. The children are now 6 and 7 both boys. We have had them here the last two summers. That was because of the recent Court order. Prior to that when we lived in Florida it was more difficult to have them but I would say we had them maybe every other weekend. not always, cause there were times she would get mad and keep them away. But it seems like my husband is always starting over with them. Cause she keeps them and talks badly so when we do get them it takes time for them to remember we arent as bad as what they were told. The children tell us all sorts of things about what she says, and we have everything documented from day one with all the problems.

Also, if you believe this to be difficult like I think it might, would it be better if we moved back? It would only be for them. We have two children together also, family support,jobs and live in a great area and really dont want to leave that. (this is a Pinellas County case)

[Attorney Howard Iken]

It would simplify things if you moved back. But in the big picture - it will be an uphill battle to flip flop parenting time.