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Do I have a good chance of retaining custody of my son?

[dropcap type=”circle” color=”#ffffff” background=”#555555″]Q[/dropcap] His father my ex-husband has had primary custody of our son for eight yrs. he was recently charged with trafficking meth his house was searched, and they found 15.9 grams of meth. Our son was home when he was arrested but dcf was not called. I currently have supervised visitation. I am remarried, have two other children who live at home with me and have a stable job. I have never been arrested. The paternal grandparents are involved and have shared raising my son with is father. Due to the fact I have supervised visitation with my son, we have not spent much time together (supervised by father). I think this might hurt my chances and the fact his grand parents would like to have custody if my ex goes to prison.

Additional information

Visitation is supervised because I missed court date where he filed an emergency custody motion. In that motion he stated that I was hearing voices and delusional. There were no witnesses, but do to default. At the time I did not have money to pay my attorney and he dropped my case and I agreed to the final divorce decree to supervised visitation, because I thought I had too. My ex was very intimidating and his parents have alot of money.

[dropcap type=”circle” color=”#ffffff” background=”#ef7f2c”]A[/dropcap] You do not go into details why your visits are supervised, therefore your past might affect your possibility of getting custody. But, in Florida, parents have ultimate rights to the children. You should file an emergency motion to regain your son and then go from there. This will be a difficult case to attempt on your own so I would urge you to retain an attorney to assist you. You have a good chance of going back to your son’s life based on your present stability.

Author Bio

Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 20 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.

Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.

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