Florida Child Custody Questions & Answers

Q: My sister lives in Illinois & is having trouble supporting her children. Shes asking me to take temp custody Im in fl

1 Answer | Asked in Child Custody for Florida on Jul 11, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
Yes, it is possible to file a petition for temporary custody by extended family and get a court order entered, with the consent of the parents of the children. Get counsel for this.

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Q: Can one parent sign over full custody to another

1 Answer | Asked in Child Custody for Florida on Jul 12, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
No. There is no full custody in FL anymore. There is shared parental responsibility and sole parental responsibility. But sole is not granted often, and only in cases of extreme circumstances. One parent cannot just give up all their rights to the other parent.

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Q: My gf has ran with my 3 month old son he was born in mississippi I'm in fl can I get her for kidnapping

1 Answer | Asked in Child Custody for Florida on Jul 16, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
Probably not. You do need to get it determined by a court of law that you are the father first.

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Q: My husband decided to leave to new York with no discussion what are his rights

1 Answer | Asked in Child Custody for Florida on Jul 17, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
Florida is the home state of the child. Any custody determination has to be made in FL. You have not given enough facts, and from what you have written, I have to assume that you are still married as well as all sorts of things. So, it is best to go see an attorney so that the attorney can ask questions and get answers.

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Q: My children were taken away and places with my mother. Now Iam having trouble seeing them cause. What can I do?

1 Answer | Asked in Child Custody for Florida on Jul 26, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
Without knowing all of the facts and being brought up to date on exactly what has happened in court and reviewing all the relevant documents, I simply cannot answer this question fully. What you can do is go see an attorney and hire one.

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Q: I share custody with my wife kids are w/me, mom has no place to live and has threatened kids and me. Can I change orde

1 Answer | Asked in Child Custody for Florida on Jul 26, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
You have to ask an attorney in Alaska about modifying that order. If you can get the order domesticated in FL, then the court here might be able to address a modification, but it seems to me that there will be no agreement at all from the other side, and FL may not have any jurisdiction over that person without a voluntary submission to its jurisdiction. What you need to do is go speak with an attorney face to face so that the attorney can ask you questions. We only get what you have written on...

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Q: I live in Florida with both of my birth parents. My brother's mother and father in-law's live in Utah.

1 Answer | Asked in Child Custody for Florida on Jul 29, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
There are certain requirements under FL law, which if they can qualify for, can file a petition for temporary custody by extended family. The parents need to consent to this, but if they do not, there can still be a case, it just makes it so that each parent has to be proven to be unfit by clear and convincing evidence. They simply cannot make it through a maze of the court system and all its rules without an attorney on their side.

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Q: I need to get custody of my grandkids before their mother takesthem out of state can I she will not give me them dad wil

1 Answer | Asked in Child Custody for Florida on Jul 30, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
You have no standing to seek custody unless it can be shown that the children are in actual danger. This is complicated and you should go see an attorney for a face to face dialogue, with the father.

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Q: I am the primary parent of my 10 & 12 yr old, been divorced 2x, now moved in with my bf of 2 yrs. Could I lose custody?

1 Answer | Asked in Child Custody for Florida on Aug 2, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
The desire of the child is only one factor that the court considers and is certainly not the most important one. If that is all he has to go on he will lose. It is my opinion that all the parents should know each other and communicate regularly, So, I think your boyfriend needs to meet with the ex. You all have a common task, to raise the children and should not be silent towards each other at all. You should read the provisions of Florida Statutes, Section 61.13(3) to learn about the factors...

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Q: if you delt with dcf in one state and lost your rigths. would it count in anther state,if you wanted to have anther kid.

1 Answer | Asked in Child Custody for Florida on Aug 5, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
Maybe. It depends upon all of the facts and circumstances, none of which we know except for what you wrote in the question.

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Q: My mother has permanent custody of my children. Do I still have a chance to get full custody. Florida

1 Answer | Asked in Child Custody for Florida on Aug 6, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
You have to see an attorney about this with all relevant documents in hand.

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Q: i have had my Niece most of her life she now a lil over 4 years old i had her due to a dcf case then they went back home

1 Answer | Asked in Child Custody for Florida on Aug 8, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
Do you have the child pursuant to a court order? If not, there is not much you can do at all. If yes, then he will have to meet all the requirements that are in the court order or move to have it modified. The best thing to do is see an attorney about this.

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Q: how can i get my dcf case transfered to tennessee and get my children with my father, immediately?

1 Answer | Asked in Child Custody for Florida on Aug 10, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
You cannot get your dcf case transferred to TN without dcf permission and permission from dcf in TN. Your father can ask the court here to place the children with him in TN, but there are many things that need to be done to accomplish that. You were already appointed an attorney. Talk to your attorney.

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Q: Ive had sole custody of my 13 yr. old son his whole life in Fl. Were wanting to move to Ky soon.What are my chances?

1 Answer | Asked in Child Custody for Florida on Aug 12, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
You need to file a relocation petition most likely. Get to a family attorney about this.

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Q: I moved from fl to ga do I need to switch my child support and visitation over to ga?

1 Answer | Asked in Child Custody for Florida on Aug 13, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
Was there a court case in FL? You need to consult with an attorney.

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Q: Do i have to involve DCF?

1 Answer | Asked in Child Custody for Florida on Aug 17, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
You need to file a petition for temporary custody by extended family, and if the sister will not consent to this, you have to prove by clear and convincing evidence that she is unfit. If you do not do this, she can come and get the children at any time and you cannot stop it. You must do what is right for the children here. Get to an attorney and get the petition filed and her served.

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Q: i have joint custody the mother is saying i can't pick up my son because i haven't paid child support is she allowed to?

1 Answer | Asked in Child Custody for Florida on Aug 22, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
No, she cannot refuse time-sharing because child support has not been paid, and you cannot refuse to pay child support because she refuses the time-sharing. These things are mutually exclusive, each has its own remedy, which is a motion for contempt/enforcement. In order to get anything done about this you need to see a private family attorney.

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Q: My daughter started the child support processed over a year ago. Everttime she calls or goes downtown they just say it

1 Answer | Asked in Child Custody for Florida on Aug 27, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
She should hire a private attorney to pursue the matter. The state moves as slow as molasses, and a private attorney will be able to get it all done much more swiftly.

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Q: My husband is recognized as being mildly mentally retarded. We have a child together. If I die, can I transfer custody?

1 Answer | Asked in Child Custody for Florida on Aug 27, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
You can appoint a guardian in a will under certain circumstances. The best thing to do is to go see a family attorney about this problem. It is your fear, so you have to do what you can to make sure that what you want can come true in the case of your death. The only way to do that is through an attorney.

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