Florida Child Custody Questions & Answers

Q: i need to leave the country is thats ok?

1 Answer | Asked in Child Custody for Florida on Sep 20, 2014

Answered on Sep 21, 2014

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Julie A. Rice's answer
Do you have full custody and is there any restriction in the order for you not to leave the country (I assume you want to take the children?). After reading your further statement, then, yes, you could be in contempt of court if you are not available on the 2 days that you watch your kids. You should talk to your husband and see if you can work out a temporary arrangement and then have a judge sign off on the agreement so you don't risk being in contempt of court.

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Q: I want to get full rights of my daughter. what are the best steps to take to start this process and get it done fast

1 Answer | Asked in Child Custody for Florida on Aug 22, 2013

Answered on Aug 23, 2013

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Robert Jason De Groot's answer
It is not fast. The best step to take is to hire an attorney. We do not call it "full rights," we call it sole parental responsibility, and this is not favored at all. There must be pretty serious problems with awarding shared parental responsibility.

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Q: Can a non-resident grandmother who resides in England have temporary custody of Florida children & both parents consent

1 Answer | Asked in Child Custody for Florida on Aug 15, 2013

Answered on Aug 16, 2013

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Robert Jason De Groot's answer
This is possible, but she would have to submit herself to the jurisdiction of the court in FL.

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Q: I have custody of my son and his mother will not give him back to me. Im from Alabama and they are in Florida

1 Answer | Asked in Child Custody for Florida on Aug 1, 2013

Answered on Aug 5, 2013

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Robert Jason De Groot's answer
You need to ask an attorney in Alabama, because it appears the home state of the children, especially if you have an order from the court in Alabama.

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Q: Is it mandatory to appear in a subpoena in a work comp case in which the individual has never been an employee of mine?

1 Answer | Asked in Child Custody for Florida on May 15, 2012

Answered on Jul 25, 2013

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Robert Jason De Groot's answer
Is this actually a child custody question? Subpoenas must be adhered to. I would think that you will want to show up to protect yourself.

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Q: Father is behind $9500 in child support, I'm thinking about sending the child to live with him. Will I have to pay him?

1 Answer | Asked in Child Custody for Florida on Jul 10, 2013

Answered on Jul 23, 2013

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Robert Jason De Groot's answer
You should come to an agreement with him about how much credit you will get towards any child support you might owe. You have to calculate the child support that you would owe to him, and basically agree that you will not pay because he has gotten so far behind. What you need to do is get to an attorney about this problem. I charge a nominal amount for handling situations like this, when the parties can agree upon every issue, and are willing to sign a written agreement concerning what is to be...

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Q: I have my 5m old 100% of the time, but my ex wants to get the tax credit every other year.. Can he get this?

1 Answer | Asked in Child Custody for Florida on Jul 12, 2013

Answered on Jul 23, 2013

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Robert Jason De Groot's answer
It depends upon the what the agreement and final judgment say about this subject. Usually, if he is current on all child support obligations, he can claim it every other year. We would have to see the agreement and fj in order to advise further.

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Q: Can I get full custody of my daughter in Florida after 6 years of father out of picture?

1 Answer | Asked in Child Custody for Florida on Jul 12, 2013

Answered on Jul 23, 2013

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Robert Jason De Groot's answer
We do not call it full custody, but sole parental responsibility. You would have to file a petition for modification in order to do this. Consult with a local attorney.

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Q: In order to enroll my grandson in DEERS, does our temporary custody order need to specify a year's timeframe?

1 Answer | Asked in Child Custody for Florida on Jul 19, 2013

Answered on Jul 23, 2013

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Robert Jason De Groot's answer
The order establishes that you have temporary custody and with that you can do what is required to care for the child. We would need to see the order to get more specific.

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Q: I live in Florida. How hard will it be to change our custody arrangements to have primary custody?

1 Answer | Asked in Child Custody for Florida on Jul 15, 2013

Answered on Jul 18, 2013

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Robert Jason De Groot's answer
The best thing to do appears to be to file a petition for modification. This can be done when you allege that there has been a substantial change in circumstances, and it appears to me that there is here. Get to a family attorney in your area.

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Q: If I live in Iowa, how can I get custody of my 12 year old child who lives in Florida?

1 Answer | Asked in Child Custody for Florida on Jun 4, 2013

Answered on Jul 5, 2013

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Robert Jason De Groot's answer
You have to go to the state which originally entered the order regarding the custody of the child, and probably file a petition for modification.

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Q: I have 50/50 with my ex.I think he is being abusive, can I keep her until we go to court? I am scared for her safety.

1 Answer | Asked in Child Custody for Florida on Jun 16, 2013

Answered on Jul 5, 2013

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Robert Jason De Groot's answer
You could be held in contempt of court for failing to allow visitation unless you have a better reason than your fear. You have to have proof, and what the child says is hearsay, not proof. It will not be admissible and you cannot take the child to court. Consult with a local attorney.

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Q: If you are the non-custodial parent do you need to get premission from the courts to move out of state?

1 Answer | Asked in Child Custody for Florida on Jun 23, 2013

Answered on Jul 5, 2013

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Robert Jason De Groot's answer
No, but it would probably be best to make alternative arrangements for visitation, which is in writing, and get an order of modification.

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Q: My ex uses drugs and is Epileptic can i request supervised visitation, We were never married?

1 Answer | Asked in Child Custody for Florida on Jun 26, 2013

Answered on Jul 5, 2013

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Robert Jason De Groot's answer
I think you should discuss all of the facts with a local attorney. Using drugs is necessary because he or she is epileptic. Using illegal drugs is another matter that requires proof.

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Q: My ex was recently ordered to pay child support and has filed a petition for joint custody.How do i answer the petition?

1 Answer | Asked in Child Custody for Florida on Apr 26, 2013

Answered on Apr 26, 2013

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Robert Jason De Groot's answer
You have to answer each allegation with admit, deny, or without knowledge and deny, and then set up any affirmative defenses that you might have. What you should do is hire an attorney.

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Q: The custodial parent makes substantially less than the NCP, would the courts grant a custody modification to the NCP?

1 Answer | Asked in Child Custody for Florida on Apr 22, 2013

Answered on Apr 25, 2013

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Robert Jason De Groot's answer
The court uses the factors outlined in Florida Statutes 61.13(3) in making this sort of decision. Consult with a local attorney or call for a free consultation.

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Q: How long can you order to have temporary custody by extended family?

1 Answer | Asked in Child Custody for Florida on Apr 18, 2013

Answered on Apr 25, 2013

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Robert Jason De Groot's answer
The answer to this question depends upon many factors. When I do one of these petitions, I usually expect the temporary custody to last for the minority of the child.

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Q: Do both parents have to agree to give grandparents full custody of their grandchild

1 Answer | Asked in Child Custody for Florida on Apr 23, 2013

Answered on Apr 25, 2013

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Robert Jason De Groot's answer
Both parents should agree. However, in Florida, grandparents can file a petition for temporary custody of a minor by extended family, either with or without the consent of the parents. It is much easier to accomplish with consents. If they do not consent, the grandparents have to prove that they are unfit, just like the state would have to prove it in a termination of parental rights action. Call for a free consultation.

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