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Florida Child Custody Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Divorce for Florida on
Q: Uncontested Divorce trying to be civil how to give step parent visitation without allowing them to adopt the child

Oldest child isnt biological the step parents kid. He has been going with his brothers since we split during timesharing with mom how to write that into paperwork without allowing him to be legally adopted his real mom abandoned him 11 years ago but is still on birth certificate I have paperwork... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Jul 28, 2021

Permitting the step-parent timesharing wouldn't be causing the the person to legally adopt - an adoption process would need to be initiated. However, you may be entering into an agreement/contract to give a person rights they may not otherwise have. As such, I strongly suggest you schedule a... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?

I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 28, 2021

In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: Do I need to get my ex's permission to move to another country with my child?

My ex doesn't have physical custody and lives in another country. My kids and I live in Florida. If it won't affect our custody arrangement and they don't even live nearby (8,000 miles away), do I really need my ex's permission? Our marital settlement also says we shall be free... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 26, 2021

Obviously from your statement you have a long distance parenting plan. You say that the relocation will not change the other parent's timesharing in any way so why don't you just tell them that you are moving? Relocation is about notice also, not just permission. The permission comes from... Read more »

1 Answer | Asked in Real Estate Law, Child Custody and Child Support for Florida on
Q: What are my rights if my fiance is cheating on me and we have a 2yr old and own a home together in Orlando FL

I would prefer to keep the house and just refinance without him on there, but I am not sure I can afford it, although I was head of household for 2020.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 26, 2021

If you are not married, you can't seek a divorce (or dissolution). Thus the laws for disposition of marital property do not apply. Instead, you would have to sue him for "partition" of the property. The property would be sold and each of you would get part of the proceeds.... Read more »

1 Answer | Asked in Child Custody, Child Support and Juvenile Law for Florida on
Q: Can my dad take my phone away if i’m 17 and he paid for it?

He paid for the phone and pays for the phone bill but he can just stop that can he take my phone legally?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2021

Yes.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex refuses to respond to anything unless it benefits them, not our 15 year old daughter.

I told them in August 2020 that we had a vacation planned in July 2021. It was a week long, and I asked them to switch their one day in the middle of our family vacation and they never answer me. My daughter has told them that she going and they laugh at her. Then our custody agreement states the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 16, 2021

Since there are only about two weeks left in July, it appears that it may be too late for you to ask the court to order a change to the shared custody arrangement. Next time seek a court order months in advance.

1 Answer | Asked in Child Custody for Florida on
Q: 50/50 custody dad would like to take kid to a pediatrician check up on his day. Does the mom have the right to show up

Dad carries insurance

And makes the non-medical emergency decisions

Rand Scott Lieber
Rand Scott Lieber answered on Jul 14, 2021

Yes. As part of shared parental responsibility both parents have the right to participate.

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Juvenile Law for Florida on
Q: Hello, I’ve been losing sleep and having stress about courtday. It’s my first time getting a misdemeanor (812.015)

I don’t want to go to jail and I have a son to support and a in the middle of a divorce. I’ve gotten out of a toxic relationship and dealt with abuse growing up and the father is not taking any responsibility for child, the wrong I’ve done is that I took some redbull and used giftcards to... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 13, 2021

Hold on there... DO NOT EVEN THINK OF ending your life over something like this. Only a Florida attorney who practices criminal defense should advise here. But your question was alarming in its nature. You're gonna get through this. Hopefully a Florida attorney knowledgeable in criminal... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Florida on
Q: I'm 17 and wish to runaway with my older boyfriend, we need some advice?

My family has always been very abusive, and as of recently it has gotten worse. They aren't this way to another sibling of mine so I don't want to risk that sibling going into foster care if I call child services. I'm 17 and I have a boyfriend above the age of majority who wishes to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 13, 2021

Depending on his age, he could be accused of "sexual battery" (called statutory rape in most places), if they suspect he is having sex with you.

1 Answer | Asked in Child Custody for Florida on
Q: Time Sharing / Parenting Plan

Can a married couple enter a time sharing/ parenting plan into the court while being married? If the time sharing / parenting plan gave primary custody to the other parent and was entered into law, does that give one of the two parents full custody of the children while the parents are married?... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 13, 2021

Absent an allegation of harm to the child, or a petition for dissolution, it is doubtful that a Florida court would have jurisdiction to enter an order on such a time sharing plan. So no, there are other matters to be considered in a dissolution.

1 Answer | Asked in Child Custody for Florida on
Q: Custody issue

Is it possible to be married in the state of Florida and one parent have primary custody of the children that the couple had together?

Rand Scott Lieber
Rand Scott Lieber answered on Jul 13, 2021

If you are married in Florida (living in Florida) and have a child, also living in Florida, then the presumption is that both parents have equal rights to the child. The parents can agree to whatever timesharing arrangement (custody) that they want. Unless you invite court intervention you can do... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: How much does it cost in FL to amend a relocation order? Can I legally leave the state of WV

At any time with out filing the amended paperwork or do I have to file first. If so do I have to wait for an approval before leaving? I will be going back to the exact address in FL.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 12, 2021

You should at the very least file before moving. To be absolutely sure, you would wait for an order approving your motion. But, as I indicated earlier, you could perhaps move first, and then argue that the previous order doesn't apply so as to preclude you from moving back to the same place.

1 Answer | Asked in Child Custody for Florida on
Q: I am currently divorced. I am a FL resident. I filed paperwork to move my kids to WV and I did that in July.

However the move was a mistake due to issues with housing and I was offered better travel jobs in FL but my ex husband refuses to allow me to move back. The paperwork says I have to file with FL if I move 50 miles away from WV. I want to know if I can legally come back to FL. If not how much would... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 12, 2021

It looks like the idea of the present order is to give you ex-husband a chance to object if you move from your present location in West Virginia to a third place. If you move back to the same place in Florida where you were, it doesn't appear to be a problem that the order was designed to... Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: If a father don’t sign the birth certificate but he’s on child support. If the mother dies, who do the kids go to?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 9, 2021

If he has been adjudicated to be the father, and a child support order would do that, he could petition the court for custody.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Me and my husband have been separated years ago and out minor children have lived with him. He has keep them from me.

I found out yesterday that he has moved without telling me and i do not know where. I have my divorce packet filled out and my parenting class done with certification. What do i need to do to get my kids asap

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jul 6, 2021

You will need to figure out where he is. You will not be able to start the process without serving him the documents. A good private investigator may be able to help you with this. Checking all social media, checking in with friends/family, and or checking with the children's schools to see... Read more »

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1 Answer | Asked in Child Custody for Florida on
Q: My child abuses drugs has a baby she sign temp custody to us in court pending hospital giving advice is that legal

She has been in and out of rehab all life can also she take baby to rehab we are the grandparents

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 5, 2021

If, in the court proceeding, a judge approved the temporary custody to you, it would depend upon the terms of the order.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: Can my 17 y/o daughter live with her sister without my consent? I have asked her to come home to both of them

My 17-year-old daughter was staying with her father even though I am primary parent in our custody arrangement. Her father is now in jail and she has been staying with her sister. I have made it very clear from day 1 to both of my daughters that I am not ok with this and I want her to come home.... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jul 4, 2021

You have the parental rights to do what you need to do to get her back home. This, unfortunately, is where the law and reality clash. You most likely will not even get into court before your daughter turns eighteen. Perhaps you can work with her and her sister in terms of advising that you are... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Sexual Harassment for Florida on
Q: Would it count as kidnapping if I picked them up a friend in an abusive household and kept them safe in another place.

father is a rapist and physical/mental abuser, mother physically/emotionally abuser. Police have been called on numerous occasions and have done nothing. Mother has "kicked out" my friend and called police stating that they ran away. Threaten to kill if police or cps is called. Cps has... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jul 4, 2021

This is a difficult question if DCF is not taking any action. It is unclear who called DCF. Your friend can call the abuse hotline herself. She can also continue to call. Your friend can contact the authorities herself as well. Further, your friend may want to reach out to another trusted... Read more »

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2 Answers | Asked in Criminal Law, Family Law and Child Custody for Florida on
Q: if a court docket states "Order Denying Injunction Before Hearing" and the case status is closed. What does that mean?

My ex (unbeknownst to me) falsely accused me of molesting my child and seems like she filed a petition ending in the docket line item above. Does it mean "its over"? (barring of course an appeal). Note: we are in the middle of custody case (and she is - apparently - will to go that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 3, 2021

I assume that, along with the false accusations, she somehow asked for an injunction. It looks like the judge has denied the injunction without the need for a hearing. You should have received a copy of the order, or you should be able to get it from the docket.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My husband and I used to be duel active duty military. I am still in, and he was discharged for drug abuse over a year

Ago. We have a two year old together. He has resided solely with me since he left us when he was 1 month old. My husband has not contributed financially in the past two years to my sons needs. He has recently had a second baby with another woman just this year. He is a narcissist, and diagnosed... Read more »

Destardes Moore
Destardes Moore answered on Jun 30, 2021

The Court will use the factors found in Florida Statute 61.13 to determine the best interests of the minor child. You can request the appointment of a social investigator if you believe the other parent is unfit to care for the child. The social investigator will investigate all of the facts of... Read more »

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