Gaining Full Custody & Supervised Visitation

by Mary from Fort Lauderdale, Florida, Broward County

Gaining Full Custody & Supervised Visitation:
Its been three months since the birth of my son and after a couple reconciliations and false promises his father continues his alcoholic rages.

During my pregnancy there was abuse and I left his home after an incident in which I filed a police report at the advice of my advocate at the facility called Women in Distress and stayed for three months.

I came back to his father after he insisted he would change his ways. I was thinking about joint custody but I just do not feel safe leaving my son with him at all. He is a convicted drug felon.

There has been abuse since the birth but I did not file a police report in which I should. Does his record and the police report help me in any way because it is all I have. There has been drug and alcohol abuse consistently through out his whole life.

While I was pregnant he had been abusing prescription drugs prior for 4 years until he says he kicked the habit last September.

Answer to Florida Court Forms Child Custody Question

Dear Mary,

My best advice is: Get away from this man and don't look back. It is part of the cycle of abuse that the abuser promises to reform, and is so sorry, and the victim takes him back. As soon as the "honeymoon" is over he goes right back to the abuse. If you are not married to him, he has no rights to see your son until he goes to court and asks for those rights.

If you are married to him, and you plan to divorce, you can file Form 12.995(b) Supervised Safety Focused Parenting Plan. Instructions for the Supervised Safety Focused Parenting Plan form state in part:

A Parenting Plan is required in all cases involving minor child(ren).

This form or a similar form should be used in cases when you feel your child(ren) cannot be safely alone with the other parent or if you believe shared parental responsibility presents a detriment to the child(ren).

In this case, a Parenting Plan must be developed that allows time-sharing with any minor child(ren), while providing protection for the child(ren). If safety or supervised time-sharing is not a concern, Parenting Plan, Florida Supreme Court Approved Family Law Form 12.995(a) should be used.

You can request that he only be allowed supervised visitation.

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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