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Florida Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My parents are divorced and have dual custody over me, can I ask my dad if I could stay with my mom on certain days?

So I’m 16 years old and my parents are divorced with dual custody over me. I stay with my mom one week and same thing goes with my dad. I got hired at a place in my mom’s town, and since my dad lives 45 minutes away from there, I can imagine it’d cause some difficulties for him since I... Read more »

Mr Eric Klein
Mr Eric Klein answered on May 20, 2022

I’m sorry to hear that you’ve been put in this position by the unfortunate circumstances of divorce. To answer your question, if you ask your dad permission to stay with your mom, he does have control over you as to where you will be staying during his court ordered time. If he says no, the... Read more »

1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: I got a girl pregnant and since I don’t want to be with her she is taking military orders to Japan.

We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.

Rand Scott Lieber
Rand Scott Lieber answered on May 19, 2022

In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can we create a parent plan without going to court in Florida?

Mother lives in Fla, father lives in Ga

Rand Scott Lieber
Rand Scott Lieber answered on May 19, 2022

In general, jurisdiction of the court lies where either parent or the child lives. If you are in agreement then you can enter into a parenting plan without court intervention or involvement. I am assuming that the parents are not married so legally this would be a paternity matter. The issue that... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I get custody as a father if the mother was arrested for domestic violence?

The mother and I have a verbal time sharing agreement nothing through the courts. We were never married. The mother was recently arrested for domestic abuse against myself. The baby is in my custody. The mother has a no contact order with me. Can I get custody of the child?

Rand Scott Lieber
Rand Scott Lieber answered on May 17, 2022

You need to go to court on a paternity case to solidify your legal rights as the father. You have custody by default at this point but that could change unless you go to court on your own behalf. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody for Florida on
Q: My exs family has my daughter. When i went to pick her up i found out that they had temp custody of her that i didnt knw
Rand Scott Lieber
Rand Scott Lieber answered on May 16, 2022

You need to go to the court that issued the order of temporary custody to assert whatever legal rights that you may have. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Is there a difference between having some legal and physical custody and terminating parental rights?

If I have sole legal and physical custody I would still have to file to terminate parental rights? Even if the father has abandoned the kids completely for a long period of time?

Rand Scott Lieber
Rand Scott Lieber answered on May 16, 2022

Yes. Legal and physical custody (timesharing) comes with the partner legal obligation of child support. When parental rights are terminated there may no longer be a financial support obligation. This is an area where you should definitely speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Power of attorney over a minor child

If the parent who has the child in their custody realizes that they can no longer financially support her can I sign power of attorney over to the man who has been in her life the last 10 years and she knows as step dad or will she have to go to her biological father even though she does not want... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 13, 2022

It's worth a try. It's always possible that the biological father will ask that he be awarded custody, but that remains to be seen, doesn't it?

1 Answer | Asked in Child Custody for Florida on
Q: Is there any way I can get help with getting custody of my 15 month old daughter
Rand Scott Lieber
Rand Scott Lieber answered on May 10, 2022

In Florida it is called timesharing (not custody) because it is the law that both parents should share time with a child. Assuming that you are not married you need to file a Petition for Paternity. The court will then order a timesharing schedule (parenting plan) that is in the best interests of... Read more »

1 Answer | Asked in Divorce, Child Custody and Immigration Law for Florida on
Q: I’m here from Haiti on a Visa and am awaiting on my green card document. I want to divorce my husband still in Haiti.

He still lives in Haiti and does not want the divorce because I’m the sole provider for us and our daughters and he doesn’t want to work.

Rand Scott Lieber
Rand Scott Lieber answered on May 4, 2022

If you meet the residency requirements (lived in Florida for six months as your permanent home) then you can file for divorce in Florida. If the child is living in Florida then those issues will be addressed in Florida. If the child still lives in Haiti then Florida would not have jurisdiction to... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: my childs father had primary custody but he has left my daughter to live woth him mom.can I just go get her.

About 3 years ago I moved to GA and me and my childs father did a signed agreement that my daughter would go between fl n GA and then he changed his mind I came back to fl and went to court and the judge decided that she should stay with him ok. So now his sister told me and so did my child that he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 30, 2022

No, you can't "just go get her". He still has court-awarded primary custody. That he exercises that primary custody by leaving the child with his mother doesn't change that; it's like leaving a child with a baby-sitter while one is working.

1 Answer | Asked in Child Custody for Florida on
Q: What to do if you haven't seen your child for 2 months?
Rand Scott Lieber
Rand Scott Lieber answered on Apr 26, 2022

If you have court ordered timesharing then you go to court for enforcement. If there is no court order then you need to go to court and ask for an order on timesharing. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How do I go about custody case if I relocated to another state and my son lives between states? My case is in FL.

My son was born in NC. His dad moved here for a yr. Didn’t like it, came to FL stayed for 5 months and I left. We came up with an agreement in regards to our son, got the document notarized so we didn’t have to go through the courts upon my departure but, he went behind my back files for... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 25, 2022

Jurisdiction is where the child has lived for the past six months. If you have a written agreement with the other parent you can use it as evidence in any jurisdiction. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Family Law and Health Care Law for Florida on
Q: Can ex claim son for medicaid benefits if he legally has no parental rights(never married) & son lives with mom 85%?

Parents never married. Father never petitioned the state for rights in either Ohio or Florida. No legal arrangement just verbal until March of 2022 when mother started a custody case. He is claiming since October of 2020 that son resides with father and has actively Maintained medicaid benefits for... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 20, 2022

This is an issue between you and the medicaid system. Look for a consultation with a lawyer that specializes in government benefits.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Does my boyfriend have a legal right to keep my baby from me?

I’m 17. My boyfriend was in the delivery room and signed the birth certificate. No other paternity has been established and no court filings as of yet. Since we aren’t together at this time, I have been taking the baby to him while I go to work. Lately he has been refusing to give me my baby... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 20, 2022

Legally, you as the mother have 100% custody rights to the child, unless and until the father goes to court to establish paternity. You also have the option of going to court to establish paternity. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: if i were to file for termination of parental rights to a parent who was never really there would the judge grant it

if i were to file for disestablishment of paternity or closing of a child support case and can prove that the bio dad has had nothing to do with her the last about to be 10 years would they terminate his parental right?

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Apr 15, 2022

If a court has determined that the child is dependent and a case plan has been submitted, but the child continues to be abused, neglected, or abandoned, the father's rights might be terminated.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Woman taking child support out on me saying she is childrens grandmother but in fact she gave her son up for adoption 7

was ordered to pay child support but just recently givibg information that the grandmother taking support out on me is in fact not there legal grandmother she originally gave there father up for odoption when he was 7 so no loger legally my childrens fathers mother can i do anything legally and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 15, 2022

I don't know what you mean by "taking child support out", but if you are the parent of the child or children, you have to pay child support which, will go to someone. If this woman takes care of the children, she is entitled to the child support, even if she isn't their "legal grandmother".

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: How does a person go about responding to a summons they have been served with that has to do with sole custody?

I was served with a summons to court who my oldest daughters dad filed. If I have paperwork that states I have already been named as the sole custodial parent to my daughter can she still be removed from me? If I also have no history of being committed into a mental health facility but the other... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 12, 2022

You need to file an Answer (paper) with the court stating exactly what you have described above. The legal standard is what is in the best interests of the child. You need to spell out in your paper why it is in the child's best interest to stay with you. Generally it is better to focus on why... Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Can a father file for custody, unmarried but on birth certificate, with agreed upon overnights, visitation, holidays?

Currently co habitating with the mother of my 3 children age 4 and twins- 2 y/o. Mother has demanded disolution of relationship of 6 years. Mother is unemployed and I've supported the family 100% for 6 years including her 16 y/o son. I wish to be custodial parent with 80+% overnights. No... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 8, 2022

You need to file a Petition for Paternity. The court will establish a timesharing plan (custody) that is in the best interests of the children. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Can my friend go against his dad to not have custody of him?

My Friend he is a minor. His dad kicked him out of the house and used to abuse him mentally. His dad has told him he would put a restraining/ no contact order on him and his brother so he couldnt be near either of them . The dad never gave up his custody so he is still under his wing. I thought... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 6, 2022

Your "Friend" has very limited civil law rights to do anything to change the existing legal support order because your friend is still a minor.

However, if the circumstances at home are really as bad as they say, the Florida Department of Children & Families might be able to...
Read more »

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: Is it legal for my ex husband to record our child co-parenting pick ups & drop offs without my knowledge or consent?

I am specifically talking about recording audio with his cellphone when we meet IN PERSON every time we pick up and drop off our child. We live in Florida and my ex husband has openly admitted that he records the shared custody pick up and drop off conversations without my knowledge or consent and... Read more »

Ira Markowitz
Ira Markowitz answered on Apr 4, 2022

Do you use Talking parents or similar program where the conversations are monitored and recorded with prior consent by itself as a condition if you use it.

If not then each time you have a phone conversation both parties must consent unless specifically agreed to in the Parenting Agreement...
Read more »

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