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Questions Answered by Lee N Feinberg
2 Answers | Asked in Family Law, Adoption and Child Custody for Florida on
Q: My son's father signed a paper giving away his rights so that my husband can adopt my son. Now he wants joint custody

Now he wants joint custody because of child support will the court give him joint custody. Even though the paper was signed and notarized

Lee N Feinberg
Lee N Feinberg answered on Dec 22, 2017

If the document met the guidelines for "consent" you need to hire counsel and file the petition for a step-parent adoption. The father will object so it will be necessary for us to prove that the consent should be enforceable. I've done this before but it's no easy task.... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I the father take my kids with out the mother's knowledge or consent?

I just got information that my children are not being well taken care of and that CPS is already involved. If I have a friend that can get them away from the mother is it illegal for me to go and get my children with out her knowledge or consent? My name is on both birth certificates.

Lee N Feinberg
Lee N Feinberg answered on Dec 22, 2017

Generally, I would say, "No" as it appears that you were never married. However, if there is a court order indicating your rights, you may be able to do something. With an order you may be able to get in on an emergency basis. If you were never married and a court never established... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: Can a mother move to another state with her child if she and the father never married and have no court agreement?

Father gave permission to leave state of Florida with child. Can she file for custody in the other state and not florida?

Lee N Feinberg
Lee N Feinberg answered on Dec 8, 2017

If there had been no court involvement, in a word, yes. If she has been gone less than6 months, you should file a petition to establish paternity and bring her back.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can a 15yr old be forced to come home when there has been no court order or change in custody

My ex sister-in-law refuses to return my children after I was cleared by the sheriff's office of all accusations filed against me. The case is closed yet my children are still in her care. Is this legal? I have full custody of both of my children...Do I have any rights??

Lee N Feinberg
Lee N Feinberg answered on Dec 8, 2017

She is still a minor so her parents dictate what should our. However, in extraordinary cases it is possible but not likely. A patent has a constitutional right to raise their children without interference of the G-d almighty government. You need to contact an attorney and expand upon your issue.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex put a restraining order on me, neither one of us has custody, but she won't let me see my kids. What can I do?

by custody I mean that there is no court ordered custody awarded to either one of us. It says that if one of us wants court ordered custody we can contact the magistrate, but neither one of us has done that yet. Christmas is right around the corner and I need this resolved a.s.a.p. please. The... Read more »

Lee N Feinberg
Lee N Feinberg answered on Dec 6, 2017

Four starters, you have to determine if the injunction against domestic violence includes your child. If it does not, you need to get back into court to either establish timesharing our try modifying the injunction. You have to look closely at the order of injunction.

Sincerely,...
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2 Answers | Asked in Child Custody for Georgia on
Q: I moved to FL from GA with my child. Her dad filed for custody in GA. Does GA have jurisdiction?
Lee N Feinberg
Lee N Feinberg answered on Dec 6, 2017

More than likely, yes, without more information.

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1 Answer | Asked in Child Custody for Florida on
Q: what are the chances of a woman getting full custody if she files for divorce?

My Brothers wife has decided she wants a divorce and will not let him see their son unless she is there. She told him she was going for sole custody and that the only time he can see the baby is if she is there. She does not have a job, lives with her parents. My brother lives with my grandpa but... Read more »

Lee N Feinberg
Lee N Feinberg answered on Dec 6, 2017

Husbands and wives of minor children have the same rights to see those children and be a parent to those children, unless there is an order from a court starting otherwise. She will have to convince a judge that her husband is unfit or that it would be a detriment to the child. The right to raise... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: If parents have no custody order in place but have shared child 50/50

If parents have no custody order in place but have shared child 50/50 Can a parent be arrested if they pick up from School? The mother is now keeping the child from the father is he still allowed to pick his child up and visit until the courts set a shared parental responsibility agreement?

Lee N Feinberg
Lee N Feinberg answered on Dec 5, 2017

While there are some facts I would need to know to give you a thorough answer, my first question refers to whether they were married or bf/f2f. Second, was the 50/50 a verbal agreement between the parties orwas it reduced to writing? Have there been any court proceedings.

Sincerely,...
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1 Answer | Asked in Child Support for Florida on
Q: My new wife just received an inheritance. Do I have to report her inheritance income to child support in Florida.
Lee N Feinberg
Lee N Feinberg answered on Dec 5, 2017

The short answer is probably not. First, it depends on whether you have a child story obligation or she does. Additionally, child support is based on income, which can come from investments. As you state that it is an inheritance it probably would not have to be included but you should contact... Read more »

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