What is the name of your state (only U.S. law)? Santa Rosa County, FL
The mother and I have a 50/50 Parental Responsibility agreement through mediation signed off on by the judge. My son is 16 months old, this occured in June, 2009. I paid $5,000 to my attorney and gave in to 50/50 even though I had him 90% of the time since he was 6month old And she stated she needed to keep him to get money back on her taxes. I couldn't afford the attorney fees, mediation etc anymore; she had to pay nothing. (Her visitation was suspended at final hearing in July 09 for refusing to take the parenting class ordered by the judge.) Since mediation she has kept him overnight one time and has seen him 3 times at her mother's home.
I want to know when I can go back and request Sole Parental Responsibility per Florida law? 6 months? I would like to amend the Time Sharing agreement as well. I need to know what a judge looks at when making his decision. She will probably answer the petition and show up for hearing.
Will he consider these or should I put these in the petition:
Suspended drivers license; cannot keep a job (has had 4 in 6 months), is homeless again(moved 6 times w/i the year; very little visitation as stated above(did not attend or gift at birthday, did not go for his surgery at the hospital);has already had one child removed from her care and given to her parents; has refused to give me address and contact information until giving me her phone number recently when she broke up with another boyfriend.
She has very little visition with her older child.
Can someone please guide me!