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I am very sorry for your situation.My question: If I move back home and later pursue an affair, and don't hide it, can he kick me out or deny visiting from my son?
The answer is no
. This is because regardless of what happens in the divorce - custody is a separate issue. Custody is decided based "in the best interest of the child." Beagle v. Beagle, 678 So. 2d 1271 - Fla: Supreme Court 1996
. This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. The courts generally do not like to split the custody 50/50 since this is hard on the child unless both parents agree and as for this.
One parent usually becomes the custodian and the other parent becomes the "visiting" parent which is generally one day a week, every other weekend, and alternating holidays. The nuanced points of the custody can either be decided by the parties or the Court, if the parties cannot come to an agreement.
Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court.
Of course, that is the standard order of possession
. That order can be modified if both parties agree or if the Court finds that it is an extraordinary situation.
So regardless of whether or not a parent has an affair, this has basically little/no effect when it comes to custody. Now, if you leave the home without the child and spend a long time away, the Court may grant custody of the child to your ex if the Judge feels that there is no reason to "switch" custody and the ex has been doing a good job.
But at the same time, nothing says that you cannot take the child with you if you go.
Also, while the divorce is pending, it is not uncommon for parties to have temporary orders in place that put down orders for custody, division of property
Finally, if finances are an issue, I can recommend three resources. First, here is a list of all pro bono work in the state...http://www.abanet.org/legalservices/probono/directory/florida.html
…and another list:http://www.lawhelp.org
Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:http://www.hg.org/law-schools-florida.asp
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