I'm wary because its through email and it seems not to be a court order. Just told "oral depositions is a normal discovery procedure authorized by the Florida family rules of procedure. Your attendance at this deposition is mandatory. I am only giving you the courtesy of coordinating it... View More 
answered on Apr 10, 2024
Because you are a party, you are required to appear for deposition when you receive a formal written Notice. Typically, her attorney would contact your attorney to discuss available dates for scheduling. If you do not have an attorney, her attorney would reach out to you for available dates, most... View More
I have been wanting to live with my mother again for years he lied about her and said that she was abusive and unstable when she wasnt and im happier with my mom but mentally broken with my dad is there a way i can go back to living with my mom?
answered on Apr 5, 2024
Presently residing with your father, there's a possibility of transitioning back to your mother's care. As a 15-year-old, your perspective carries considerable importance in custody matters. The emotional strain you endure provides a compelling basis for revising the current custody... View More
Is there any Florida case law, that states when a court suspends a parent’s timesharing that, they are not held to this statue and are not required to pay 100% child support to the other parent. This parent cannot exercise their timesharing because the courts suspended it, it's not that the... View More
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answered on Mar 29, 2024
The short answer is NO. Although child support and timesharing are interrelated, a suspension of timesharing does not suspend a child support obligation. The financial obligation is ongoing pursuant to the court order unless and until it is changed. Speak with a local family lawyer for more... View More
My spouse and I reached an agreement in mediation. However, since then he has proceeded to recant almost all of the terms agreed to. My fear is that he will continue to do this to prolong the divorce process.
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answered on Mar 22, 2024
If you reached an agreement at mediation that was reduced to writing and that you both signed then it is binding on both of you. If he is not following the terms then you can return to court to enforce the issue. If you reached an agreement but did not write it down and sign it then there is no... View More
Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More
answered on Feb 5, 2024
Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More
My daughter goes to her father’s every other weekend. Recently we found out that he gave her room to the new baby and now she is sleeping in the living room on the couch. Is this acceptable living standards for a 9 year old, per the court.
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answered on Feb 5, 2024
The legal standard is what is in the best interests of the child. If this is the best solution for the father and the child is not suffering then you may just have to deal with it. There is no bright line rule regarding a situation like this. Speak with a local family lawyer for more specific... View More
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answered on Jan 30, 2024
You do not say whether you are married or not. If the father is absent then you already have full custody. If you are looking for legal rights that you do not currently have then you need to go to court, either with a new case or a motion to modify an old case. Speak with a local family lawyer for... View More
I know there's no statue of limitations on when I can sue but they denied me due process and they trampled over a bunch of my rights & my child's rights and they lied about me in court & they used my child to get funds they gave me my 2 older children back & kept my baby &... View More
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answered on Jan 24, 2024
I’m truly sorry to hear about your situation. It sounds like you’ve been through a very difficult time. I can offer some general information that might help you understand the process of addressing your concerns with CPS.
To pursue legal action against Child Protective Services (CPS)... View More
Mom took minor kids from TN to PA for a job. Dad agreed, court order obtained. While in PA, mom took different job (paid way more) and moved to Maryland. A year later moved back to PA. Now mom’s company threatening to bring her back to TN (she’s been working remotely). Dad has moved to Florida... View More
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answered on Jan 24, 2024
This question is answered based on Florida law. Each time a parent relocates they either need the other parent's agreement or they need to return to court. In your case, it sounds like you have acquiesced to some of the moves. You can return to court when you have issues with the other parent;... View More
He’s adopted.
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answered on Jan 22, 2024
In Florida you are legally emancipated on your eighteenth birthday. You do not say if you are trying to prevent him from moving out. What you are describing is not "illegal" in any way. His being adopted does not change anything. Speak with a local family lawyer for more specific advice.
I have an upcoming court date on Feb 13th
Thank you
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answered on Jan 19, 2024
The Petition should have numbered paragraphs. Your pleading is called an "Answer." For each number you need to admit or deny the allegation. If you choose you can explain why you deny but it is not required. You can also answer that you have no knowledge of a particular number if that is... View More
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answered on Jan 16, 2024
If the divorce is already filed then you can file a motion expressing your concerns. You must justify your concerns to the judge. The legal standard is what is in the best interest of the child. You must also schedule your motion for a hearing. Speak with a local family lawyer for more specific... View More
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answered on Jan 16, 2024
You, as the father, must go to court to establish and/or modify timesharing (custody). If and when the mother is no longer incarcerated she can reestablish her timesharing rights. You do not get custody "by default" just because she is in jail/ prison. Speak with a local family lawyer for... View More
Child born out of wedlock April 2022. Father submitted parenting plan, she says she never got it. She lives in Polk County, he lives in Duval County. He's full time college student at UNF, full time security guard for State of Fla. and USMC Reservist (Savanna, GA). His plate is full. He has no... View More
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answered on Jan 8, 2024
It sounds like you have a child support order but no parenting plan. You need to return to court and file a motion to establish a parenting plan and timesharing. The court will order a timesharing schedule that is in the best interests of the child. What you are describing would be a long distance... View More
Background: I am the noncustodian parent and I see her once a month for my custody. Her father has the primary physical custody. He doesn’t care when I bring concerns and he doesn’t know about the animal abuse matter yet because I don’t know how to bring this up. I know my child doesn’t... View More
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answered on Dec 31, 2023
The discovery of your child abusing an animal is a serious concern and needs to be addressed immediately. This behavior can indicate underlying emotional or behavioral issues that require professional intervention.
First, it's important to document the evidence, such as the video you... View More
When I was pregnant with our son, my (now ex) husband went to prison in OR. Once he was born, I moved in with family in FL. Upon my ex's release, he had an affair, so I filed for divorce. He was granted conditional video visitation to start with, since he's never met our son. This was... View More
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answered on Dec 7, 2023
You need to look carefully at the court order that awarded you custody and him visitation. In Florida, you are required to notify the other parent within 24 hours if you move your home address. Your situation may be a little different because he was in prison. Take your court order and speak with a... View More
Long story short, I lost two sons in an accident and one survived they were in the care of their father who survived as well. CPI became involved when I brought my surviving son home from the hospital. I was the non offending parent but that quickly changed once me and the cpi worker had a... View More
answered on Nov 19, 2023
Sorry to hear about your terrible ordeal. The legal grounds available to sue DCF are very limited due to various legal obstacles, such as immunity from certain grounds that are available to sue certain other governmental entities. In some limited circumstances, there are potential grounds to sue... View More
Pinellas County, fl.
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answered on Nov 5, 2023
If you believe your constitutional rights have been violated in court, particularly in matters as serious as custody disputes where you feel your children are in danger, it is critical to seek legal advice immediately.
Contact a local attorney with experience in family law and civil rights... View More
We have a total of 5 children but only 4 live with her. We have a written agreement that the children at the age of 13 can decide where they want to be. The ex and her boyfriend work shift work and my 12 year old is raising the other kids. But it’s 5 girls and my youngest boy. My middle girl... View More
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answered on Nov 2, 2023
Unless your parental rights have been terminated you can always return to court to modify timesharing. You must file a motion and explain why you want the change. The legal standard is what is in the best interests of the child. Speak with a local family lawyer for more specific advice.
I have a court order in FL for my son who I coparent with his father. Our arrangement is 60/40 with me having majority and being his primary residence most of the year and for school. I am currently pregnant with my Fiance and Is first child, would this give me an option to redo that custody... View More
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answered on Oct 22, 2023
The legal standard is what is best for your child, not what is best for you and your fiancé. If the father does not agree then you must go to court to change the timesharing. There are many factors that the court has to consider. Florida wants a child to have meaningful contact with both parents.... View More
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