QUESTION
Ex has pending criminal case..and filed for 50/50
Asked on Dec 05th, 2017 on Family Law - Florida
More details to this question:
My ex husband filed for modification of custody..he's asking for 50/50...he doesn't even get our son for the full amount of time he has now. he now has a pending criminal case..he was arrested for 2 felonies..aiding an escape and intro of contraband into facility. He hasn't formal been charged and is out on bail on house arrest and has a ankle monitor. Do I have to continue on with the custody case..or is there something I can file to stop it? His attorney has assured him he will get 5p/50 and if he does go to prison I can't modify it while he's in there. is this true? Is it even a possibility he could get 50/50 with these pending charges?
1 ANSWER
First of all, to have a modification of timesharing (we don't call it custody in Florida any more), there has to be a substantial, unanticipated change in circumstances since the last timesharing arrangement was established, AND it must be in the best interest of the child.
So, maybe your ex husband's criminal situation is a change in circumstances, but I do not see how more time will be in the child's best interest. Unfortunately, you cannot just "end" the case. There are some legal methods to perhaps move it towards a conculsion quicker (depending on all of the circumstances), but that would be more than an answer in this forum would allow.
In this instance, since I do not know where you are in the proceedings, you would likely benefit from, at least, a consultation with a knowledgeable family law attorney in your area to get some more guidance.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
info@vovalaw.com
Answered on Dec 06th, 2017 at 4:49 AM