Ver en Español
Free Case Evaluation Call Now

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

September 22, 2013

[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.

Related posts:

  1. I have temporary custody of my grandson since Sept/09 when his mother was put in prison she is being released. Can she take him?
  2. Can I get a subpoena for sunpass records?
  3. What rights do I have to my children if they have been temporarily removed from my custody in Florida by CPS?
  4. Can one parent claim abandonment even if that parent wont let you see the child?

About the Author

Vanessa_Vasquez De Lara Divorce Attorney

Vanessa Vasquez de Lara is a Miami divorce lawyer, author, and legal commentator with more than 20 years of experience helping families navigate divorce, child custody disputes, and complex family law matters throughout Florida. She is the founder and managing partner of Vasquez de Lara Law Group, one of the largest family-law-only firms serving Miami-Dade and Broward counties, with a team of attorneys dedicated exclusively to divorce and family law.

A graduate of the University of Miami School of Law, Vanessa has been recognized for her professional excellence by being named to the Super Lawyers list every year since 2016. She is also the author of the bestselling book “The Florida Man’s Guide to Getting Divorced” which provides practical insight into the legal, financial, and personal realities of divorce in Florida.

Fully bilingual in English and Spanish, Vanessa is frequently invited to provide legal commentary on family law issues in national media, including appearances on NBC and Univision’s Despierta América.

Beyond her legal work, Vanessa is the founder of the Ricky Supreme Scholars Foundation, created in honor of her brother who lost his life to gun violence. Through the foundation, she provides scholarships to high school students to help them pursue higher education and build brighter futures.

Connect with Vanessa:
LinkedIn | Florida Bar Profile | Avvo