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Antonio C Martinez II Esq.
Antonio C Martinez II Esq., Abogado
Categoría: USA Ley en Español
Clientes satisfechos: 192
Experiencia:  Miembro de Colegio de Abogados, Nueva York, Nueva Jersey, y Washington DC
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Hello, My name is Sandra. I am getting ready to get a Divorce

Pregunta del cliente

My name is Sandra. I am getting ready to get a Divorce with 2 minors (5 year old and ( months old) . I live in Florida. My husband and I have been living separated for about 4 months. The kids live with me. My oldest son used to spend time with my husband when my husband had a day off. But after aprox 10 days that my husband had left the house, my son came back very upset and told me that he was very upset with his Daddy because he had been kissing another woman! I did not have idea that this was going on. My husband denied but I know my son is not lying, he is very affected and confused, he thinks his daddy left because he has another family and even asks me if I am going to be kissing another guys too. My son is having some emotional changes. My husband has also a drinking problem and I don´t trust him to have my son, since he has tendency to get very frustratred easily and drunken I don´t want my son to be in danger. Is there anything I can do before I make the petition for the divorce, presently I have no money to hire a lawyer, but my priority is to protect my children. I will appreciate any information you can share with me.
Thank in advance for your kind attention,
Enviada: hace 6 años.
Categoría: USA Ley en Español
Experto:  INFOABOGADO escribió hace 6 años.
Good morning

The court looks to always to and decide applications based on what is in the best interest of the child.

You can therefore seek to have a modification of the separation agreement on this basis to limit his custody and visitation. Also within the divorce action, you can seek sole custody and supervised visitation if he is subjecting the child to danger as you note.

This is often best handled by a local family law attorney which you can find on www.martindale.com

I hope you found the answer easy to understand and straightforward.

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Experto:  Antonio C Martinez II Esq. escribió hace 6 años.
Dear Sandra,

I am sorry to hear of your difficulties. It sounds to me you will need a family therapist as well as an attorney to determine how to best help your children and the drinking issue. Young children are often confused about what is happening and they need reassurance and consistency/predictability wherever they can in the family unit now that it is breaking up. A therapist can help you work that out as well.

If you do not have the funds to retain a family attorney, please contact the Legal Aid Society of Florida

See http://www.floridalegal.org/

They can help you or steer you in the right direction.

You obviously have issues to resolve with your husband concerning custody, visitation, child support, and the divorce itself. I would not sign any document given to you by your husband until it has been reviewed by your own attorney and fully discussed as to its implication. You do need a separation agreement to reflect all of these aspects of the divorce and custody/support. If your husband indeed has a drinking problem, this should be brought to the court's attention to order examinations and reports as the best interests of your children require two healthy and loving parents.

One other recommendation I can make should matters between you and your husband get testy - keep reminding him that there is not an unlimited amount of resources to fight one another and that whatever resources are available will go to other people and not your children. For better or for worse the two of you have two kids who will need their father and their mother - let the resources benefit them and not the system. Mediation can sometimes be very helpful.

I can only give you information and hope this empowers you to get legal counsel in person and do what you can to help your kids and move forward with your life.

Please let me know if I can be of further assistance.

Please remember to ACCEPT my response if you feel I have been of service to you. You can continue to ask me further on this matter within this thread without additional cost.

Kind regards

Antonio Martinez
Attorney at Law
NJ, NY, DC Bars