Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
Son in custody battle with his son's mommy. He found out so much about her as time went on. They've split up and he's married to wonderful woman. Trying to get sole custody of son age 4. Mommy is unstable. She lost custody of her other child age 3 at the time. Can an attorney petition the court to get those records. Mommy got her back but when my son met her child was living in another state with the grandmother. We thought it was odd that a mommy would do that. Any way we can have access to those DCF records if we go to court.
Response 1: Yes, however, access is limited. Your son (you) would not be able to copy the records, but may be allowed to review them. The Court can also review the records. See Florida Statutes Chapter 39 Section 39.202 especially subsection 6(f).
Would a judge have red flag as to her parenting skills even with second child?
Response 2: Yes, that would be cause for concern if her child was taken away from her before even if the child was later returned to her.
In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, etc. If the Court finds after reviewing these factors that the child would be better off living with your son, the Court would rule in his favor and award his sole custody of the child. Otherwise, custody would remain status quo. So, it is very important that your son tell the Court any and all reasons why he should be given sole custody of the child and why custody should be taken away from the mother; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.