Children's Custody Fight

by Liliana from Orlando, Florida, Orange County

Children's Custody Fight: My husband and I want to get a divorce and we have 3 children. He's saying he wants full custody of the kids and that he will take me to court for it. I haven't been happy with him so I stopped performing my duties as a wife for a long time now, but I do take care of my children.



My children are not neglected in any way. I'm not working at the moment he's the one that works - however - I am looking for a job. What are the grounds in which a court will give the father custody of the children and take them away from their mother? Please help!

Answer to Florida Child Custody Question

Dear Liliana,

Florida courts have a strong bias towards shared parental responsibility.

There is almost no such thing as one parent being awarded full or sole custody these days, unless there has been some extreme behavior by a parent.

Judges are very reluctant to deny custody and/or time-sharing.

By extreme behavior I mean things like child abuse, drug addiction, etc.

However, there is also no longer a strong bias towards the children staying with the mother. The fact that he is the breadwinner should not matter.

Both parents are expected to support the children. If you were a stay at home Mom during your marriage, you may be able to seek spousal support as well.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

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