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  1. #1
    Join Date
    Jul 2011
    Location
    Florida
    Posts
    4

    Question How Do I File for Full Custody and Should I Deny Access

    My question involves a child custody case from the State of: Florida

    My 2 young children live with me full-time for 2 years now. I recently filed for child support because he hasn't helped to support them but I really want full custody of them and I want their father to have supervised visitation.
    I started keeping my children from their father because he is psychologically abusing them. After my daughter has a visit with him, she comes home crying and extremely upset because he says bad things about me and then threatens her that if she tells me, he'll be angry and that I will never let her see him again. This is emotionally destroying her.
    Since I started keeping them apart, he has been calling me at all hours of the night, leaving notes on my door, and 'messages' on my car. I can't pysically prove it's him but he leaves clues to let me know it's him.
    I went to the court house to file for full custody but they said they couldn't tell me what forms to file. How can I find out what I need to file and is my keeping my children from their father hurting my case?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,224

    Default Re: How Do I File for Full Custody and Am I Hurting My Case

    While it's true that (assuming you're not married to Dad) without court orders you don't have to allow any contact with Dad, many judges take an EXTREMELY dim view of parents doing what you're doing unless there is proof that the children would be in imminent danger if you allowed visitation.

    I see no imminent harm here.

    Psychological harm is very difficult to prove, and you would generally need documentation from counselors, therapists etc., and perhaps their testimony in court too.

    Florida self help and forms
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Jul 2011
    Location
    Florida
    Posts
    4

    Default Re: How Do I File for Full Custody and Am I Hurting My Case

    My daughter does go to counceling and her councilor agrees that she is suffering. Should I get a statement from her? Will that help with getting supervised visits?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    19,224

    Default Re: How Do I File for Full Custody and Am I Hurting My Case

    Your daughter is suffering because of what?

    Many children suffer through a divorce or separation - the counselor would have to testify that it's PURELY because of Dad's interference and that is, generally, extremely difficult and most psychologists will simply not do that.

    Also a statement cannot be cross-examined - you'd have to get the counselor to actually testify.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Mar 2007
    Posts
    9,080

    Default Re: How Do I File for Full Custody and Am I Hurting My Case

    I also want to add that, in absence of court ordered child support, he didn't HAVE to give you anything for the children.

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