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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I'm a dad going through a divorce with a hoarding wife in FL

Customer Question

I'm a dad going through a divorce with a hoarding wife in FL and have little money and savings to hire an attorney. I'm genuinely worried about the well being of my child and desperate to find a way to protect her in all of this. Due to the high cost of living in FL I'm going to have to move back to my parent's home in MS to be able to keep a roof over my head. My soon to be ex is demanding primary custody and child support even though she makes 13,000 a year more than I do. I worry my child will not be properly cared for. It has always been myself or my mother in law who has taken the child to the doctor or dentist. I'm scared as I'm going through all this and would sure appreciate any help you can give.
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardPlease tell me what are the questions; what information can I provide for you in this regard?
Customer: replied 2 years ago.

How can I get sole custody of my kid to protect her from the horrible environment her mother would place her in if she has to live with her mother? Also is there a way that I can get the state to not force me to pay an exorbitant amount of child support if I'm not able to get custody so that I may be able to afford to meet my basic living expenses?

Expert:  Samuel II replied 2 years ago.
HelloCourts generally will award a joint custody. I suggest, you can try for sole. But they like to ensure children maintain bonding and relationships with both parents.Has the divorce been filed? Are you two still living together?
Customer: replied 2 years ago.

Divorce has not yet been filed. We are still living together but I've been looking for a place to live based on my soon to be ex demanding this. There is nothing I can afford on my salary however in the area where I live & I.have no friends or family here to turn to. Is there anything that I can do to get help somewhere? I've tried calling the local housing authority but they have a 3 year waiting list and there is nowhere that I've found that I can afford. My biggest concern in all of this is the needless exposure to disease & pestilence that my kid will face when she is in the horrid conditions of.compulsive hoarding and nastiness that her mother insists on living in. What can I do with little money to hire an attorney so.that I may protect my daughter? I currently am the only one doing cleaning in the home and I know that this will stop as soon as I leave. I'm also going to be forced to leave because the house we're living in belongs to my soon to be ex wife's mother and the mother is just like my soon to be ex about hoarding. They have already threatened to take action to throw me out of the house if I don't move out by the end of July. What can I do with little money in this situation?

Expert:  Samuel II replied 2 years ago.
Thank you.
The court is going to look at what is in the best interests of the child.
That means you can show:
1 - With pictures the home environment.
2 - That you have a better environment.
So you will need a home to show the court you have a place to take the child. If it is out of state with your relatives, that court may not agree to that, unless you can show a reasonable visitation schedule. Which may be difficult if you are planning on moving out of state.
You certainly have your work cut out for you. Not that all can't work out for you, but you need to provide to the court your living arrangements, where you will be working, who will care for the child while you are at work, etc - and the visitation schedule and who will pay for transportation for the child to see the other parent.
Customer: replied 2 years ago.

Is there anything that I can do in the immediate timeframe to provide protection for my child? It is not that I want to move out of state, but because I have no support network here I have no other options that I can see. What can I do now as I'm forced out of the home to protect my child?

Expert:  Samuel II replied 2 years ago.
I suggest you can file for the divorce and request the court to award you temporary use and possession of the home and child custody. However, if the home environment is the problem to show that being with the Mother is not in the best interest of the child that won't play out well in the end because the house is the environment.
I wish there was some easy and magical fix for this for you. But it does not appear the case.
I suggest that in preparation for a divorce and custody, you will want to get pictures of the home and have a place to take the child that is in a much better environment.
You have to do first things first.
Customer: replied 2 years ago.

Ok so prepare to provide proof that the home is unsafe and that I have a place where my child may live. What exactly will the court demand that I show of my living situation to allow my child to be with me?

Expert:  Samuel II replied 2 years ago.
Thank you
Yes. Correct.
I suggest you need to have at least one bedroom and a pull out couch. You will want to show the bedroom is for your child. A good community, schools in the area or day care close by. Those type of things.
Customer: replied 2 years ago.

Ok is a 1 bedroom with the room for the child going to be sufficient or are they going to demand more?

Expert:  Samuel II replied 2 years ago.
I suggest as long as you can show a clean environment and a bedroom for your child, that is sufficient because the court is going to weigh that against the home now
And they will consider that in time, you would be able to get a larger residence.
They will want to see that the child has her own bedroom. And if that means you use the living room couch to sleep on, they will not hold that against you, if you can show it is a safer environment.
Customer: replied 2 years ago.

Ok so let's say I'm forced out of state due to the current circumstances and cannot stay due to finances, but in a few months I'm on my feet in a one bedroom. If the ex in those months files for divorce what can I do in the future when reestablished to try to improve things for my child?

Expert:  Samuel II replied 2 years ago.
Hello Once the divorce is filed you can still request custody. Again, it will be hard to suggest a favorable because the court does not want to take the child away from parents, prefers they live nearby so they can share custody. I suggest, you might consider contacting some pro bono attorneys in your area to help youHere is the link for those contacts
Customer: replied 2 years ago.

I've already tried the pro bono attorneys to no avail. Thank you for your help. Is there anything else you would suggest?

Expert:  Samuel II replied 2 years ago.
Remember that it is not about who will need to pay child support or not. The judge does not want to see that efforts for custody are to avoid any type of support. Keep that separate from any custody arguments.