Parent Moved Back Wants Custody

by Maria from Palm Bay, Florida, Brevard County

I have custody of my children from a previous marriage. My ex did not show up for court, has a history of alcohol and drug abuse that was reported in court by DCF, and has court ordered supervised visitation, but then moved out of the state of Florida.

Now the non custodial parent is moving back and is threatening to petition the court for custody. They have not seen the children in 2 years, nor have they paid court ordered child support.

They have been in trouble with the law in the state that they moved to. Does this parent stand any chance of getting custody or even regular over night visits?

Answer to Florida Child Custody Question

Dear Maria,

It doesn't sound to me like your ex is going to get very far with his petition for custody.

I also doubt that a judge would order overnight visits with the father, given his history of substance abuse.

That said, there are some pro-active measures you can take.

Since he has not paid child support, my suggestion is to contact the Florida Department of Revenue Child Support Enforcement office as soon as you know your ex's Florida address.

Ask them to enforce the child support order. Also, if he files any sort of petition for custody, file a Supervised Safety-Focused Parenting Plan with the clerk of the court stating his history of substance abuse.

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