Would I Have A Good Chance At Getting Primary Custody Of My Daughter?

Location: Florida.

Hi everyone, I’m a father in Florida seeking advice or insight on a custody situation involving my 6-year-old daughter. I’m considering filing for primary custody and want to know if I would have a strong case.

Here’s the background: I was never married to my daughter’s mother. When my daughter was 2, her mom moved her an hour and a half away without my permission. Around that time, I got into a relationship with a new girlfriend (now my fiancée, who has always been supportive and unproblematic), and in response, her mom withheld my daughter from me for 9 months. I had to go to court and obtained an emergency custody order. From there, we were granted 50/50 custody. Eventually, we both agreed to drop the court case and co-parent informally, which worked okay for a while.

Things started to fall apart when it came time for kindergarten (2024–2025 school year). We agreed that I would pick my daughter up from school three Fridays per month, have her for all 3-day weekends, and two weeks on/off during the summer. But there’s been a serious ongoing issue: her mother consistently lets her miss school. I’ve had multiple conversations with her about it, but nothing ever changes.

In April 2025, her mom lost her place and had to move back in with her mother, which placed her back in my county. She now lives in a cramped 2-bedroom apartment with about five people, including a newborn. She transferred our daughter’s school again (without my consent, but this time it was local), and we agreed to resume 50/50 custody.

Here’s my current situation and context: • I was never married to her mother. • I own my home and my daughter has her own spacious bedroom and bathroom. • I’m not currently working due to a disability, but I recently received a financial settlement, so I’m stable and able to care for her. • I take her to and from school on time every single day she’s with me. • Her mother’s home is overcrowded and unstable. • In just the last 2 months of the school year, my daughter missed 12 days (10 unexcused) while with her mother. • In total, she’s missed close to 30 days of school this year — again, mostly while in her mom’s care. • The school became so concerned that DCF was called and spoke to my daughter about her home life. • Even after I brought this to her mother’s attention, she still let her miss the entire last week of school — unexcused — causing her to miss her kindergarten awards. She was heartbroken. • Her mother is extremely difficult to reason with, doesn’t listen to me, her own family, or even the school.

Now she’s trying to move my daughter back an hour and a half away again, and change her school for the third time, without my permission — even though we’re currently living in the same county and have a working custody split.

I’m terrified because it’s clear that education is not a priority in that household (no one there has even graduated high school), and I’ve done everything I can to provide my daughter with a stable, structured environment where she can thrive. I’ve kept detailed attendance records and have text messages showing my repeated attempts to address the issue.

Would I have a strong case for primary custody and to have final decision-making over her schooling? Any advice or insight into how Florida courts might handle this would be extremely appreciated.