More details to this question:
My ex went to prison until 5/2019 in Florida...Can I file for modification and ask for sole legal custody and put a stipulation on visitation when he is released asking that he be established have a job...stable home..kind of like a transition period for our son to get use to him again? What are the chances a judge will grant this?
1 ANSWER
Heather Cherepkai
There is a subsantial change that has occurred by the incarceration of the child's father. You can request a modification in the final judgment to change the time-sharing upon his release, especially if it is based upon a drugs or violence and not just stability. The court will look at the best interest of your son in determining if any restrictions should be placed on the father's access to your son. Due to the time it can take for the court to resolve the case, you would want to act as soon as possible, otherwise the father will be out of incarceration and thus you may waste time and money if you wait too long.
Answered on Aug 13th, 2018 at 2:28 PM