AboutDan Bachert Expertise I can respond to questions pertaining to Florida Family Law within the specific areas of Divorce, Child Custody, Child Timesharing, Alimony and Child Support Enforcement/Modification, Equitable distribution, and Inter Family Adoptions.
Experience Actively practicing Family law in the Palm Beach, Martin and St. Lucie Counties for the past nine years.
Organizations Florida Bar, Family Law Section of Florida Bar, Palm Beach County Bar Association, BNI
Education/Credentials Bachelor of Science in Political Science from Florida Atlantic University; Juris Doctorate from St. Thomas School of Law
Expert: Dan Bachert Date: 7/22/2008 Subject: Custody
Question A couple of months ago my husband was served papers from the State petitioning for an increase of child support for his 13 year old daughter. My husband & the child's mother have a child support order in place, but never established visitation. The child's mother has been withholding visitation since my husband & I got married & the child has never met me or been to our house. We responded to this recent petition asking for custody of the child, only expecting the court to grant my husband normal visitation. The child's mother has not responded to any summons that have been issued & we have now been informed that the mother has gone into default & that paperwork to reassign custody has gone to our judge. We have been told that if the judge signs these papers, we will gain custody of the child. Our lawyer says that she has never seen this happen & doesn't know how this will go. We are wondering what happens in this situation? Will the child end up in our custody? Will the mother be able to get her back? We don't want to spend the next couple of years in court & don't want this child bounced around.
Answer Hi Christy, the court will more likely do everything in its power to get the mother into court as it is required to hear the testimony of all parties when making a custody determination. If there is a default hearing you will need to be prepared to present all evidence you have and all witnesses that can testify as to why your Husband would be the better custodial parent. If the court finds that it would be in the best interest of the child to remain with the mother a time sharing schedule will still be ordered for your Husband.
I hope this information was helpful to you.
This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of the case more closely to better advise you.
Sincerely,
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
