Login|Contact Us
Question and Answer

Family Law

Ask a Family Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

You have answered many of my questions and I appreciate it

 
Ely's Avatar
  • Answered by:Ely
  • Counselor at Law
  • Positive Feedback: 99.3 %
  • Accepted Answers: 7353
Verified Expert
in Family Law

Recent Feedback

Positive
I knew he gave me the right answer. I think he is excellent!
Positive
Thank you Ely for helping with this question. I thought I had a few more years...
Positive
always helpful and quick with a responsible answer--pleasure to work with
Positive
greatness personafied
Positive
Very thorough responses and replied quickly...very polite
Positive
Great service and advice. Highly recommended!
Positive
Great info, quick response. I would work with Ely again, he is very good
Positive
We have been going through a very stressful time and have never had to deal with...
Positive
very good i will fight the dissmisal based on your advise

Customer Question

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.

 

Optional Information:
State/Country relating to question: Florida

Submitted: 340 days and 23 hours ago.
Category: Family Law
Value: $25
Status: CLOSED
Picture
Expert:  Ely replied 340 days and 23 hours ago.

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.

Customer replied 340 days and 19 hours ago.

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.

Accepted Answer

Picture
Expert:  Ely replied 340 days and 5 hours ago.

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.

Expert TypeCounselor at Law
Category: Family Law
Pos. Feedback: 99.3 %
Accepts: 7353
Answered: 5/6/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ask this Expert a Question >
 
Tweet

10 Family Lawyers are Online Right Now

Ask Your Question Now
Ask A Family Lawyer
Type Your Family Law Question Here...
characters left:

Top Family Law Experts

See More Family Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Family Law

  • Domestic Violence Laws
  • Questions about Tenants in Common Law
  • Foster Adoption & Fost-Adopt Questions
  • Motion for Discovery Questions
  • Interrogatories and related Questions
  • Marital Status Questions
  • Marital Settlement Agreement
  • Custody Rights Questions
  • Order of Protection Questions
  • Plenary Guardianship Questions
All Family Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Family Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
216 Family Lawyers are Online Now
Type Your Family Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC