SPARC Forums

 Want to start process of getting custody of my 7 yr old son from his mother.  Right now i have Mon,Tues,and Fri as far as when he stays with me.  I prefer to have sole primary custody of him.  I feel is  that it would be in his best interest.  Are there any tips or advice to guide me for a starting point as far as the laws in the state of Florida (Alachua County)?

If you have a current custody order in effect, what you are considering is to 'modify' it.  And in order to do that, you have some tough hurdles to jump.  The toughest will be to prove a 'significant change of circumstance' regarding the child.  In other words, something has to have happened to the child in the other home that is so detrimental to him that changing custody is the only solution to resolve it.  Which means (in the court's eyes) proving abuse, neglect, and/or severe, detrimental changes in behavior or academics.  If you can PROVE any of that, then you might have a chance.  But your first move should be to talk to an atty. to find out what the local court attitude is regarding this, as compared to your specific situation.

Kitty is right.  Once the custody is set you would need one or more reasons for the judges to make a change.  If you have reasons - document, document, document!  You'll need records of what the problems have been.