Is now the time to Modify Custody?

[All For Him]

What is the name of your state? FL

The mother (custodial via mediation) has not seen the child for 1 month. Primary residence has temporarily been granted to me for several months now. There have been several 2-3 week periods when the child has not seen his mother. Mother has been assigned supervised visitation, by family members, but hasn't exercised it for a month. The child is very young. I guess this meets the standard of a significant change in circumstances, but is this enough to succeed in a permanent change in "custody?" Sorry if I'm short on details.

 

[milspecgirl]

does your order state how long the temporary is to last?

 

[All For Him]

No, it does not

 

[All For Him]

I know it is a big question, but hope for some guidance,
Thank-you

 

[LdiJ]

I know it is a big question, but hope for some guidance,
Thank-you

You are going to have to give us some background on the situation to get any real answers.

However, I will tell you that there is really no such thing as a permanent order when it comes to child custody.

 

[All For Him]

Well, I'm a bit worried about being identified. You might already know my story But what if all of the other details did not matter. Are these basic facts enough? There is of course a good reason for the temporary change in custody.

 

[Ohiogal]

Of course there is a good reason for you having temporary custody but that is not enough. If CSB is involved that matters. If it was DR court that matters. If it was changed to allow your ex to remedy a situation that matters. If it was changed only temporarily because the court wants to see what your situation will be that matters. It depends WHY it was only temporary custody. And unless your name is Kevin Federline and Britney is your ex then most of us probably DO NOT know your story.

 

[All For Him]

It was temporary becasue that was all I asked for. There have been no concerns expressed about my taking care of him. The Temporary order does say that the mother should get help, so may be based on her remideying a situation. CSD is not involved. It is not DR court.

Do I have to show that the "substatial change of circumstances" have had a negative effect on the child? If so, this would be difficult because the child has not suffered- because he hasn't been in her care. He suffers from not seeing his mother- of course. It is sad when he expresses that he misses her. But he is too young for anyone to ask him about anything.

 

[fairisfair]

Of course there is a good reason for you having temporary custody but that is not enough. If CSB is involved that matters. If it was DR court that matters. If it was changed to allow your ex to remedy a situation that matters. If it was changed only temporarily because the court wants to see what your situation will be that matters. It depends WHY it was only temporary custody. And unless your name is Kevin Federline and Britney is your ex then most of us probably DO NOT know your story.

I think what he means is that he has posted here, probably under a different name, and that his ex is here as well.

 

[All For Him]

yup. don't know if ex posts

 

[All For Him]

I learned last night the the test in FL is 2 pronged - not three. The substantial change has to be proven, then you show that the best interests of the child would be served by a change in custody. She does not have adequit housing, and has no ability to change this. She is no longer welcome to stay at her parents house- so has no family support should she find herself homeless. She has denied me visitation in the past- so would be the person less likely to allow continuing contact. For many reasons I think I would be the better person to take care of the child.

Is this the way the modification proceeding would go? Once you've shown the substantial change, the court reverts back to using the same method as an initial custody determination?