You have answered many of my questions and I appreciate it very much.There is no urgency on this one. Monday is fine. If mother of child completes her case plan and comes to me in Family Court I want to be able to bring up her history before I agreed to 50/50 parent plan. I know this is not allowed. I have considered suing her in civil court because she committed perjury- she said she was in an intact marriage- (She was not and I can prove that) I had to take 50/50 because if I lost I would have never seen my daughter again. If I show court that I won this civil suit would it allow me to then show history before 50/50 parent plan was signed.
State/Country relating to question: Florida
Hello,Thank you for requesting me. I am tying your other follow up into this question because it is essentially the same thing.Can you please tell me:-what child is this in question of?-who are the parties involves?-who is fighting for custody?-how/why is CPS involved?Although you may have provided bits and pieces of this in previous questions, I would really appreciate it if you gave me a quick overview before I render an answer.
Of course. and thanks for your patience.
The child is my daughter 2 1/2 years old. I only knew the mother for 2 weeks but have been trying to get her away from her the whole time. The mother has been through 7 DCF interventions over 6 years and it looks like they will pass her through another one.
I have custody, case is closed. If the mother makes it through this case plan the mother will then file in court to get her back 50% of the time. The mother is drug user with mentall illness. DCF has been called many times. This last time was Feb 23 she met a man in detox, brought him home and moved him in with the kids while my daughter was there then left the children with him while she went to rehab. The mothers sister found out and called DCF (CPS) Two weeks before this my daughters doctor called DCF and reported the mother for neglect and abuse. When my child was born she died and they brought her back to life and was intensive care for 3 weeks. I had to wein my daughter off drugs with methodone and have a monitor on her for two months while the mother went out and partied. There are 1000 more stories and Im horrifed that DCF seems determined to give the child back. Believe it or not I never did drugs, and dont drink. Sorry for the long story.
I am just trying to prepare in advance for going back to court and I have to do everything I can.
Hello,Thank you for the background information. Based on this, I fail to see why the Court would ever want to give her custody. First of all, understand that 50/50 is not literally 50/50 - one is the custodian and the other is the visiting parent. The visiting parent receives visitation one day a week, every other weekend, extended breaks, and alternating holidays.That is if the Court agrees to allow her to have visitation. Even then, on your or on the Court's motion, the Judge may limit her visitation for good cause, and/or order no overnights and/or supervised visitation, only.Ergo, just because she is getting ready to file in Court to get custody or visitation does not mean she will. You can surely use all her past against her in Court is she tries to move this way.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you; I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
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