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How much would this cost? ok. i'm asking on behalf of my bf.

How much would this...

How much would this cost?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Ok. i'm asking on behalf of my bf. he's been separated from his ex for 3 years and has kept her on his car insurance until then. he told her today he'd take her off (she was supposed to pay 2 months ago and still hasn't) and partly because i wanted those ties as separated as they can be.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

She sent a text saying if he takes her off the insurance that she's keeping their son today, she confirmed (the end of insurance was sept. 1) that she's going to keep him full time starting immediately

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Have you talked to a lawyer yet?

No it just happened about an hour ago actually about 20 mins ago --i just got to work

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Answered in 8 minutes by:
8/30/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,694
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about this situation. Is there a custody/visitation order in place?

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Customer reply replied 5 months ago
no there is not one currently. for the past 3 years she's been fine with going week by week
Customer reply replied 5 months ago
They take turns every other week and it's never been an issue until he confirmed the insurance was being removed.

Did they have anything in writing governing this arrangement? Do they live close to each other?

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Customer reply replied 5 months ago
They live in the same town and for the past 3 years have had this arrangement and she's been fine with it.

Are both of them working? Is there daycare for when the custodial parent is working? If so, who pays that? Are their incomes similar?

(Thank you for answering all these questions, as they are relevant in the answer that I will give...I wouldn't be asking if they weren't relevant)

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Customer reply replied 5 months ago
He has lived with his parents because it helps out with living arrangements. In the past year they have split a huge room (his son & him) but today she said that his schedule doesn't work out for them anymore. It's not fair to their son to spend so much time with the grandparents and not him. She said he needs consistency and she can provide this because her and her boyfriend just moved to a new house where Colton has his own room.
Customer reply replied 5 months ago
he got promoted this year as a store manager of a store and tries to work his schedule so he has as much time with his son. His parents help raise him though. There was a daycare and he always paid it all. He just started kindergarden so they're responsible for their before/after care for their individual weeks.
Customer reply replied 5 months ago
I'm not sure what her income is anymore. There was a point where her income was higher than his but I believe she got fired from that job. I'm not sure what she does now honestly. She works with doctor's and has her bachelor's and is supposedly pursuing her master's degree.

I see. Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

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When there's not a custody/visitation order, there's nothing that can be done without such an order. That means if she's withholding his son from him, even unreasonably, he can't complain to the police, etc... He'd have to file for a custody/visitation order.

The primary factors that the court will look at to determine how to award custody are the following:

  1. The child's school and home history;
  2. Parents' mental, physical and moral status;
  3. Permanence of the proposed home;
  4. Continuity of the child's situation;
  5. Parent's ability to provide;
  6. Love, affection and existing ties between child and respective parent;
  7. Domestic violence (if any);
  8. Whether the parent will cooperate and encourage contact by the other parent;
  9. Whether the parent will be reasonable in accommodating any changes that need to be made;
  10. Whether the parent will honor the time-sharing schedule;
  11. The involvement of each parent with the child's life (i.e. teachers, friends, extracurricular activities, etc.);
  12. The ability of the parents to meet the child's developmental needs;
  13. How parental responsibilities will be divided up after the proceeding is over, including how much of the parental responsibilities will be performed by someone else (such as a nanny).

A parent needs to be prepared to give as much information as possible to the court. This includes information on the other parent, as well. Without all the information at hand, it becomes more difficult for a court to hand out a fair custody ruling.

Now this is something that he could do on his own (he'd want to contact the county clerk to see if they have the forms and process available). But it might be that simply threatening to file for primary custody would be enough to scare her to reverting back to the previous agreement. THe court would take into account that agreement, and would not look kindly on the fact that she unreasonably withheld possession of the child over a dispute about who pays car insurance. That doesn't look good for her. The court is going to be looking at who is more "adult" and able to work with the other parent (among the other factors above). At bare minimum, he'd get visitation rights even if she were awarded custody, but as she'd be as busy as he would be, the fact that she's not working probably wouldn't give her any better chance.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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Customer reply replied 5 months ago
Would the text she sent count as extortion though because it seems that's what she's doing to me. Pay the insurance otherwise she's keeping his son?

No. It would still look bad in a custody hearing. But criminal extortion is where she threatens to release some information or physically injure the victim unless he pays money. This is detestable, sure, but it's not extortion (at least in the criminal sense).

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Did you have any other questions before you rate this answer?

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Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,694
Experience: Licensed Texas General Practice Attorney
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Customer reply replied 5 months ago
Sorry, got called into a work meeting! Thanks for this information.

You're welcome, and again, good luck to you!

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Satisfied Customers: 17,694
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