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Florida Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How can I find a pro Bono atty for child support and custody matters when there is need for a motion for contempt?

My children have missed their prescribed weekend with me three times in the last 2 months. I believe this makes it necessary to file for her to be held in contempt. She also started working recently, as she was formerly on disability, so I need to renegotiate child support as well.

T. Augustus Claus
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answered on Sep 18, 2023

To find pro bono legal assistance for child support and custody matters in Florida, you can start by reaching out to local legal aid organizations, the Florida Bar Association's pro bono program, and nearby law schools that may have clinics or programs offering free legal services.... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How to set up child custody while married?

I am currently married but seperated and I would like to set up custody arrangements so that my spouse can see our child. If I do that before the divorce will that affect child support payments?

Rand Scott Lieber
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answered on Aug 30, 2023

The two parents can voluntarily enter into a parenting plan. As long as you both agree and sign then it is a binding contract between the two of you which can be used later if you divorce. Technically there is no child support due while you remain married. Once child support begins it will be based... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can I file something with the courts to have electronic communication with my child?

I live in Texas and my daughter lives in Florida. Long story short, before moving to TX I did not see my daughter for 8 months because the mother decided she wanted to stop coming to court ordered custody exchanges. The judge did not take that lightly and she was found in contempt and the judge... View More

Rand Scott Lieber
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answered on Aug 30, 2023

You do not mention if you have ever been to court regarding the child. If there is an existing court case in Florida then you can file a motion for electronic communication with the child. If there is no court case then you must file a petition for paternity (assuming that you are not married).... View More

1 Answer | Asked in Child Custody for Florida on
Q: My wife and me are separated and we have a 1year and 3 months baby girl and I would like to know how custody works.

Do we get 50/50 or how does it work

Rand Scott Lieber
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answered on Aug 25, 2023

The court will order timesharing that is in the best interests of the child. If you are both capable parents and are able to care for the child then you can pursue 50/50. It may be a little different with an infant because frequency of contact is more important than length of time. Speak with a... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Florida.Parenting plan states on specific date, father shall exercise time sharing and then every other weekend after.

Child asked to go to a sleepover birthday party during father timesharing weekend. Father does not wish to travel to take child. Father states that mother should make arrangements with his mother for the entirety of his timesharing weekend. He would not be with child, however seeking to pawn off... View More

Rand Scott Lieber
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answered on Aug 24, 2023

The father is responsible for his timesharing. You do not need to make arrangements with his mother. You do not mention how the exchange is handled or how old the child is. Normally a parenting plan says that if a parent does not show up to exercise timesharing after a certain period of time the... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son has had his 5 yr old back in Fl for 2 months. Can he file to keep him in Fl where he was born?

My son's girlfriend took their three-year-old to New Jersey for 2 years against my son's wishes. She would not send pictures or facetime. My son did not have the money to fight it in court. She put him in an abusive home and called my son to come get him because she could not take care... View More

Rand Scott Lieber
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answered on Aug 18, 2023

Legally, until your son goes to court the mother has all of the legal rights regarding the child. He can file a paternity case in Florida, however the court may not rule on custody until the child has lived here for six months. Multi-state family cases can be complex so speak with a local family... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I move?

I am a full time single mom and the dad doesn’t help do anything but “FaceTimes”, we are married and I am looking to move to increase income. There’s no custody order or anything regarding the court. I’m not ready for a divorce until I’m financially set. Can I move out of Florida though... View More

Rand Scott Lieber
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answered on Aug 17, 2023

Yes you can move; however, if your husband files for divorce here it is possible that you would be ordered to return. The better course is to tell him what you are doing and why. Regarding filing elsewhere, most states require that you live there six months before you can file for divorce. Speak... View More

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How do I modify a Marriage Settlement Agreement when the Divorce is not finalized.

My wife and I agreed to a "short version" marriage settlement agreement back in Dec. 2022. I get 5 days/week timesharing with our son, she gets 2. The child support was based on this timesharing plan.

Since Dec. 2022, she has not seen our son once and the divorce is not final.... View More

Rand Scott Lieber
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answered on Aug 8, 2023

Child support and timesharing are always modifiable until the children emancipate. You should keep a calendar and record every overnight that mom misses. You can use that as evidence when you seek to modify. You could also file the modification now. Your case is open, the agreement is binding, and... View More

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How do I modify a Marriage Settlement Agreement when the Divorce is not finalized.

My wife and I agreed to a "short version" marriage settlement agreement back in Dec. 2022. I get 5 days/week timesharing with our son, she gets 2. The child support was based on this timesharing plan.

Since Dec. 2022, she has not seen our son once and the divorce is not final.... View More

Destardes Moore
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Destardes Moore
answered on Aug 12, 2023

Additional facts are necessary to determine the feasibility of proceeding with the entry of the final judgment. Factors to consider include the new law, distance between the parties' residences, income of the parties, and whether there are facts indicating that even two overnights per week... View More

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: what can I do If my sons father is keeping him From me and won’t give him back and I am the primary parent

My sons stays with me (his mother) I took him to stay with his dad for 2 weeks he was supposed to come back but it has been a month and his father will not send him back to me because I won’t let him get food stamps for my child because he stays with me

Rand Scott Lieber
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answered on Aug 8, 2023

If you have a court document that says the time is yours then go get the child. If the father refuses you can return to court to enforce the agreement. Although it is a last resort, you can also try to get the police involved. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: what can I do If my sons father is keeping him From me and won’t give him back and I am the primary parent

My sons stays with me (his mother) I took him to stay with his dad for 2 weeks he was supposed to come back but it has been a month and his father will not send him back to me because I won’t let him get food stamps for my child because he stays with me

Destardes Moore
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Destardes Moore
answered on Aug 12, 2023

If you possess a court order granting you primary custody, you have the option to file a Motion for Civil Contempt/Enforcement. It's advisable to consult with a local attorney to review the precise details of your case. This will assist in determining whether alternative options may be viable.... View More

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I am a unmarried mother, resides in Florida, the child was born in the state of Colorado. Do I have full legal custody?

My child was born in Colorado, but my primary residence is Florida where the child and I live. Does the resident state laws apply or does the birth state laws apply to custody?

Rand Scott Lieber
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answered on Aug 8, 2023

In Florida, the mother is in control until the father goes to court. You do not mention how long you have lived in Florida or how old the child is. If you and the child have been living in Florida for more than six months then any legal action (like a paternity suit) would have to be in Florida.... View More

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I am a unmarried mother, resides in Florida, the child was born in the state of Colorado. Do I have full legal custody?

My child was born in Colorado, but my primary residence is Florida where the child and I live. Does the resident state laws apply or does the birth state laws apply to custody?

Destardes Moore
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Destardes Moore
answered on Aug 12, 2023

Additional facts are required to provide a comprehensive response to your inquiries. However, if the minor child has resided in the State of Florida for at least 6 months, Florida holds jurisdiction over the minor child, provided that no other state has asserted jurisdiction. Seeking advice from an... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My ex husband put soap in my child's mouth for cussing and my son told me and they live in g. A. What do I do?
Destardes Moore
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Destardes Moore
answered on Aug 12, 2023

If you suspect that the Father's disciplinary actions towards the minor child constitute abuse or neglect, it's advisable to contact the police and/or Child Protective Services. If there's a current court order in place, consider consulting with an attorney to determine if the... View More

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2 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Can my ex wife get any kind of alimony even though it was waived when our divorce was final?

We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we... View More

Pamela J. Fero
Pamela J. Fero
answered on Aug 3, 2023

She can go back to court and file a request for alimony and child support. She'll have the burden to prove that there is a need for those kinds of support and that you are capable of providing it. Talk to a lawyer to know how you can be prepared if this happens.

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2 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Can my ex wife get any kind of alimony even though it was waived when our divorce was final?

We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we... View More

Rand Scott Lieber
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answered on Aug 7, 2023

If your final judgment says that alimony was waived then that cannot be undone. Child support, on the other hand, is modifiable until the children emancipate. She could return to court to recalculate child support based on your new income. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Child Custody for Florida on
Q: In the process of divorce and my spouse will most likely not agree to 50/50 for property and kids. What should I do?

During our marriage we purchase a house 1/3 mother in law, 1/3 spouse, 1/3 myself (loan) and sold with profit of 30k that amount has then been put into a house that is now under her name only that was purchased by her mother and forced to sign a balloon mortgage contract. She also made me sign a... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 2, 2023

In Texas, all property is presumed to be community property. The burden of proof is on the person claiming something as their separate property to prove their claim by tracing the property claim back to the magic moment of inception of title. While your first home was purchased during marriage,... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and International Law for Florida on
Q: How do I prevent my husband from returning to the US with our children?

I am a US defense contractor in Germany. My husband is threatening to leave me and take our two children back to the US. We are here under the NATO Status of Forces Agreement (SOFA). What are my options to prevent him from taking them back to Florida? Do I need to file for divorce or is there some... View More

James L. Arrasmith
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answered on Jul 28, 2023

To prevent your husband from taking the children back to the US without your consent, you should seek legal advice from an attorney experienced in family law and international child custody matters. Given your situation as a US defense contractor in Germany under the NATO Status of Forces Agreement... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and International Law for Florida on
Q: How do I prevent my husband from returning to the US with our children?

I am a US defense contractor in Germany. My husband is threatening to leave me and take our two children back to the US. We are here under the NATO Status of Forces Agreement (SOFA). What are my options to prevent him from taking them back to Florida? Do I need to file for divorce or is there some... View More

Jane Kim
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answered on Jul 24, 2023

I am not a family lawyer but I work on international cases. This is what I know...

If the child is not present in Florida and resides abroad, Florida courts may not have jurisdiction over child custody matters under normal circumstances. Jurisdiction in child custody cases is typically...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Will I have to pay child support if I agreed 50/50 joint custody with other parent on martial settlement?

I’m in the process of getting divorce and we have come to agreement to split child’s expense. He insisted on 50/50 physical and legal custody. I’m currently working and he hasn’t employed for over a year. If I agreed with 50/50 custody and put into parenting plan, would judge honor it or... View More

Rand Scott Lieber
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answered on Jul 17, 2023

Child support is calculated pursuant to the formula in the statute (law). The judge can only waive the exchange of child support if the amount is de minimus (very low). It may be possible (outside of court) for you and the other parent to agree to something different but that can create other... View More

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