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Questions Answered by Mr. Joseph Lafayette Gufford III
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Will a Florida Judge order my 13 year old daughter to be returned to her grandmother that lives in a retirement home?

My mother has custody however my mother surrendered my daughter to me in 2018 and decided to cut ties with us. she came back into our lives in 2020 only to create more problems for me. Now in nasty custody battle and we have a hearing for next week to see if my daughter would be returned to her... View More

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I really need more background on the case to get an understanding of the nature of the claims being made and the procedural history of that matter. Courts are almost always going to recognize the superiority of a parent over a non-parent. That being said, there are situations such as abuse ,... View More

1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: I need some answers on how I can get my child back. My child was taken because of domestic violence

My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I’m not sure if the injunction was a civil one, a DCF injunction or a criminal no contact order. It may be a combination of things. In any event, you need to file an action for dissolution of marriage or a paternity action. I would strongly suggest that you hire a qualified family law attorney to... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What controls can I place on a12-year-olds' cell phone given to him by his non-custodial mother?

My son has a smartphone that his mother gave to him without discussion with me. The phone has a lock code that his mother will not share with me and she has instructed the child to not share it with me. Our parenting agreement has no mention of cell phones to guide us. I have parental controls on... View More

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

This is a shared parenting issue and may possibly be addressed in your parenting plan under communications. If not it is still a shared parenting issue . You should consult with a qualified attorney to discuss the situation and give a good analysis as to how to proceed forward

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I am pro se in a child custody case, I don't know what paperwork I need to fill out as I am up against an actual lawyer.

Though I am getting my paralegal degree, I haven't reached family law and I'm scared I am going to lose my case and be placed on child support, and even lose my rights to my daughter. I am reaching out because I need help I'm just a full-time paralegal student mom and cashier who is... View More

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

You should go to the family law forms website and almost everything is there.

https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms?parentId=669505&sort=form/number%20asc,%20form/date%20desc&view=embed_custom&searchtype=form&limit=50&query=&offset=0

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I'm representing myself and need to know how to ask for Production of documents and request for admission.

I have a few documents I need from my ex, and 12 questions I want him to answer. In my county we have a printable interrogatories paper, but nothing for the other 2. Not sure how to ask for them, or if there is anything special I have to do. Can I just email my request to his lawyer, or do I have... View More

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

It’s a really bad idea to represent yourself. The first place you need to look is... View More

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: I need to know what to do to get my child back in my life back in my custody
Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

In order to address your situation, more facts are necessary. Final Judgment, changes in circumstances , etc. Contact an experienced family law attorney to discuss your situation in greater detail.

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3 Answers | Asked in Child Custody and Family Law for Florida on
Q: What if my ex has full physical custody of our 16 year old son but now is trying to force me to take him?

My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I... View More

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

Sure, you can file a motion for contempt/enforcement. On the other hand, it might be beneficial to consider filing a modification action and pick up some child support along the way. Support should be retroactive to the date she stopped exercising access. Talk to an experienced family law attorney.

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3 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: What sleeping arrangements does he need to provide for my daughter when she stays with them? My daughter is 8.

Good afternoon, my ex husband and I are divorced. We have a daughter together and she spends every other weekend at his house. He has a relationship with a woman that has three kids and all three kids sleep in the same room because she lives in a two bedroom house. Now he is planning on moving in... View More

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

Having a separate bedroom is not a requirement. But, that being said, such a small living place cannot be sufficient for so many people, regardless of whether they are children or adults. Consult with a qualified family law attorney ASAP

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