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Questions Answered by Pamela J. Fero
1 Answer | Asked in Child Custody and Divorce for Florida on
Q: Can a husband accuse his wife of kidnapping their daughter if she wants to leave their house with her as a separation?

The couple can't live together in the same house. Then the mother would like to go to another place with her daughter. But the husband says that what she's doing is called kidnapping. What can the mother do?

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

If there are no existing divorce proceedings or custody agreements, the mother must secure consent from the other parent or obtain court approval before relocating. This process can become legally intricate, particularly if the other parent opposes the move. Consult a local family law attorney to... View More

1 Answer | Asked in Family Law for Florida on
Q: Son’s father was supposed to get him two days and failed to pick him up. Do I still have to give my son to him today?
Pamela J. Fero
Pamela J. Fero
answered on Dec 22, 2023

If the current day falls within the timesharing period allocated to your co-parent, you are required to allow your child to spend time with him. Make sure to caution him to adhere to the agreed schedule, ensuring his arrival on the specific days he is expected.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: In a divorce case would you advise a women who has been a stay at home wife/mom to get a job before filing for divorce.

Husband has owned a successful business and did not want wife to work, now that marriage is not working hes telling her to get a job and with holding money from her for basic living needs.

Pamela J. Fero
Pamela J. Fero
answered on Oct 2, 2023

She can file for divorce and seek temporary spousal support until she can find work and support herself.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Can you terminate the rights of a father in florida who has never established paternity?

The father is only on the birth certificate, but we were never married and he never established paternity. He has a history of domestic violence, and child abuse, with numerous online and text threats to kill me. I want to know if I can have his rights terminated without involving him somehow for... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 4, 2023

Having his name on the birth certificate does not establish his rights as the father.

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can a mother change a child’s name without fathers consent if there’s no father listed on birth certificate?

Daughters name was changed within forst twelve months of her life I was not listed on the birth certificate due to paternity issues. At the least was she supposed to notify me since I was suspected to be the father or no because I wasn’t on the birth certificate?

Pamela J. Fero
Pamela J. Fero
answered on May 2, 2023

Generally, both parent's signature is required if they are listed in the original birth record. Since you are not in the birth certificate, the mother can pursue name change of the child without your consent.

2 Answers | Asked in Adoption, Family Law and Child Custody for Texas on
Q: Father trying to adopt his biological daughter after not knowing about her for her whole life.

I’m doing research for a novel I am working on and need help with a hypothetical scenario. A mother never told the father that she was pregnant, she raised the kid (but was drunk half the time and never had a proper will), but then she dies. The father is a registered foster parent and has two... View More

Pamela J. Fero
Pamela J. Fero
answered on Apr 5, 2023

You can file a paternity case to get legal custody of the child.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My sons dad is in prison, He is due to be released soon, do i have to pay to have full custody granted i dont have funds

My son and me have not lived with his father or in the same state as him since my son was 7 months old, he is currently in prison and due to be released in a matter of weeks. He speaks to him daily, as many times as he would like but i know when he gets released he will threaten to take my son away... View More

Pamela J. Fero
Pamela J. Fero
answered on Dec 23, 2022

If you believe living with him might be detrimental for you and your son's well being, talk to a lawyer right away to know the best action.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What motion can I file when a parent willingly neglects to ensure the safety of a child from their known allergens?

My son is severely allergic to cats and dogs. Their father, who has not seen him physically for three years or had communication with him for two years, was granted visitation on 10/25 by a general magistrate even though my ex-husband refused to carry out what was issued in the report and... View More

Pamela J. Fero
Pamela J. Fero
answered on Nov 17, 2022

File a petition to modify time sharing.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: My son was adopted by a family friend 12 years ago and I just found out it was fake and fraudulent the entire time

When DCF came to me out of nowhere and asked if I can take him cause the family that has him cant handle him. I have the adoption papers as well. I haven't seen my son since he was 1yrs old. I could've had my son this entire time.

Pamela J. Fero
Pamela J. Fero
answered on Oct 11, 2022

Contact a lawyer as soon as possible to know if you can still move to reverse the adoption.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Husband wants to adopt my child whose biological father is no where to be found. What can I do?

Living in Florida. I have a child that is not my ex husband's, but the child has his name by default ( as he did not physically sign the birth certificate) been divorced since the child's birth...and we've been out of communication ever since. Fast foward 10yrs, my now husband wants... View More

Pamela J. Fero
Pamela J. Fero
answered on Oct 11, 2022

Florida’s adoption law requires that the consent of both parents be given before a court can make an adoption final.

If one parent does not consent to the adoption, the court will only make the adoption final if it finds that:

✅ The non-consenting parent is unfit

There...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Timesharing plan never made legal with court and the mom won't follow through and set a court date been a year now

We were never married and she just moved out last month. She wont set a mediation or court date and its been over a year and im stuck in limbo. They say I can't do anything because she was the petitioner. Can I just have her plan thrown out and started over with a new petition by me or what... View More

Pamela J. Fero
Pamela J. Fero
answered on Oct 6, 2022

To ensure your child's safety and well-being, you must establish a timesharing plan with the court. You should consult with a family lawyer to determine the best way to proceed with your case.

1 Answer | Asked in Family Law for Florida on
Q: Do I have to disclose finances before paternity is established
Pamela J. Fero
Pamela J. Fero
answered on Sep 29, 2022

Yes. You will have to comply with mandatory disclosure. You need to fill out the financial data to determine future support.

1 Answer | Asked in Family Law on
Q: My 15 yo sons mother hasn't let me or my family contact him since July .never been married. Previous good relationship

Still sending monthly support even tho there is no court order. Mother has history of Prison time, drug charges and drug abuse. Lives with her mother and other son, who I supported as my own until recently.

Will not let their Maternal grandmother have contact, even though myself and my... View More

Pamela J. Fero
Pamela J. Fero
answered on Sep 26, 2022

Assuming you have established paternity of the child, you have the option to file custody. If not, then you have until child turns 18 to establish paternity and assume parental rights to your child. Act immediately and seek help from a family attorney to know how best to proceed with your case.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If a child has been living with grandparents, but there is no legal custody arrangement, can grandparent deny the mother

If there has been no court ordered custody or guardianship arrangement, Can a grandparent, who has been caring for a child for an extended period of time, deny the mother the ability to take the child back? And can they make rules denying the parent from having the child stay with said parent... View More

Pamela J. Fero
Pamela J. Fero
answered on Sep 26, 2022

If there is no court ordered custody arrangement, there is no reason the grandparents keep the child from you, unless there are proofs you are unfit to care for the child and they appeal for custody for the child. Speak to lawyer to know how best to proceed with your case.

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1 Answer | Asked in Divorce on
Q: If, spouse is out of country and can't be served papers. How to proceed?

Male separated from wife for 4 years can't serve divorce papers because she is out of country.

Pamela J. Fero
Pamela J. Fero
answered on Sep 21, 2022

You can divorce regardless of where your spouse lives as long as one of you is currently residing in Florida. The process is difficult, and you don't know whether your spouse will cooperate or not. It is critical that you consult with an attorney to determine the best course of action for... View More

2 Answers | Asked in Child Support, Social Security, Divorce and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.

Pamela J. Fero
Pamela J. Fero
answered on Sep 19, 2022

File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.

Talk to your attorney to know how best to proceed.

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1 Answer | Asked in Family Law for Florida on
Q: What constitutes as child abuse, and what sorts of things would cause there to be a need for interference?

If a parent were to do/say things that caused their child to try and take their own life, not cater to their mental needs, ignore certain diagnoses, lock the fridge at night and frequently forget to unlock it, and occasionally behave violently towards said child, would such things be considered... View More

Pamela J. Fero
Pamela J. Fero
answered on Aug 31, 2022

In Florida, it is considered child abuse if:

-A person intentionally inflicts physical or mental injury upon a child.

-A person intentionally makes actions that could result in physical or mental injury to a child.

-A person encourages someone to commit an act that causes or...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son mom won't to get child but my son doesn't live with her and she not making sure he goes to school
Pamela J. Fero
Pamela J. Fero
answered on Aug 24, 2022

If there is a court-ordered parenting plan in place, you can file a motion for modification. If the mother is proved unfit to take care of the child, the court may grant you more time or sole parental responsibility. Talk with a family lawyer to know how best to proceed.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Q: I am 17, with my ged, form of income, and I live with my grandparents. I wanted to know if I could legally leave their-

care. My grandma has power of attorney over me. I live in florida and I dont know if I can but I really need to leave here.

Pamela J. Fero
Pamela J. Fero
answered on Aug 23, 2022

You can be legally emancipated by a court before the age of 18 if you can support yourself. You can show proof of sufficient income to cover your living expenses and daily necessities.

However, it is most practical if you sit with your legal guardians and obtain their permission.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son is scared to go to his dad. We have a court order, it is my sons dads today to have him.

My son told his dad he has a problem with the drinking at his dads, his dad told him there’s no drinking though. My son told him he doesn’t want to go to his house and his dad told him “to bad there’s a court order “

WE HAVE A PARENTING PLAN SORRY NOT A COURT ORDER.

Pamela J. Fero
Pamela J. Fero
answered on Aug 12, 2022

Do whatever it takes to encourage your child to maintain a relationship with his father. Inform your ex that his behavior affecting your son and try to work things out. If all efforts fail, consult with your attorney to determine the best way to proceed.

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