QUESTION
What do I need to do to get sole custody of my children in the case where there is documented domestic violence, and a permanent restrain order?
Asked on Sep 21st, 2015 on Family Law - Florida
More details to this question:
My children have disabilities. This is the second restraining order. I allowed the first one to expire. This one is permanent for me and the children. I want to make all the decisions for thier health, travel, and education without consulting the other parent. He does not pay child support. He is not stable, and has a drug habit. I would also request supervised visitation contingent on a drug test. Olease advise on how I can do this, or request this. I do not know what to fuoe, or what steps to take.
1 ANSWER
It is not clear whether there is already a timesharing order in place or not. I would assume that there is a timesharing order/parenting plan in place. You would need to seek to modify same, and would need to file a Supplemental Petition to Modify Parenting Plan. see link to a form below.
http://www.flcourts.org/core/fileparse.php/533/urlt/905a.pdf
This is a link to all the other FL Supreme Court Forms. http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml
If my assumption was incorrect, you might be able to find the correct form via this link. Also, many courts have resources for self represented litigants where they can tell you which form you might need.
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Sep 23rd, 2015 at 12:51 PM