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Questions Answered by Melissa Paniagua
2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What do I need to file to move out of state where it's in the best interest of my children and myself to move

Other parent in violation of visitation order and contempt filed 3 times

Melissa Paniagua
Melissa Paniagua answered on Dec 9, 2019

In order for you to move with your child to another state you can do one of two things:

1.) Get consent (in writing) from the other parent stating that they are in agreement with you moving to another state.

2.) File a Petition for Relocation with the court in which you seek...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: The alleged father of my four months old just filed with department of child services...

He’s not on birth cert and no paternity confirmed legally yet. I’ve encouraged him at every corner to build a relationship with my daughter, tried to have him visit more etc. he lives 1.5 hrs away but even still, has seen her about 13 times in the 4 months since her birth. I’ve in no way... Read more »

Melissa Paniagua
Melissa Paniagua answered on Dec 6, 2019

If he has recently filed a petition for paternity, you would have 20 days to file a response with the Court in which you can file an answer and counter petition in which you can affirm and deny the allegations he has made in his Petition and state any defenses you may have and request what you... Read more »

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: My ex has not responded and I want to change my original offer for time sharing can I fix it upon filing for default?

We had a verbal agreement for about a year it would change slightly more and more until I went to establish an order in writing (so he could no longer deviate) and as soon as he was served he stopped seeing the kids completely. My original offer was our verbal agreement, however, now there isnt... Read more »

Melissa Paniagua
Melissa Paniagua answered on Dec 11, 2019

You have the right to amend your petition before the Respondent files a responsive pleading. Once he responds you have 21 days to amend the petition with either his consent or court order.

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3 Answers | Asked in Family Law and Child Custody for Florida on
Q: My son has a 3 year old son with his ex girlfriend. I am not sure what his rights are as we were out of town and we

believe she has left the state of Florida. She will not speak with him speak or us and she appears to be trying to cut ties. Please advise. Thank you.

Melissa Paniagua
Melissa Paniagua answered on Dec 6, 2019

If your son has been adjudicated the Father through the courts already, meaning that is a court order or states or acknowledges that he is the Father of the minor child, he can seek relief from the court to request that the Mother return the child. No parent is allowed to relocate with a minor... Read more »

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: any worried?

my wife and I moved from texas to Florida for a job relocation. her son, my step son, has a father that is now being difficult after the fact. she has a standard order of possession from the attorney general office of tx without any geographical restrictions. and also does not state anything about... Read more »

Melissa Paniagua
Melissa Paniagua answered on Dec 6, 2019

It will all depend on how long the minor child has been living in the state of Florida. The Courts will only have jurisdiction to make decisions regarding the minor child if he has been living in the state of Florida for 6 months or months or more.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Do you have to establish paternity in the same state child was born?

Child was born in Wisconsin but lives in Florida

Melissa Paniagua
Melissa Paniagua answered on Dec 2, 2019

Under the Uniform Child Custody Jurisdiction and Enforcement Act, the state in which the minor child has resided for 6 months or more would be considered the child's "home state" and would have the jurisdiction to make decisions regarding paternity and custody of the minor child. So... Read more »

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: My childs father has a history of domestic violence. Is it parental alienation if i restrict time because Im worried?

There is no parental plan in place. His history of domestic violence is with me and his other childs mother. In both cases he abused in front of the children. Since I have been keeping him, his dad has been sending welfare checks every week to my house to intimidate me. I keep an open line of... Read more »

Melissa Paniagua
Melissa Paniagua answered on Dec 2, 2019

If there is no parenting plan set in place, the Father has no rights to timesharing with the minor child. Your best option would be to get a set plan in place before the Father goes to court seeking one. This way you can explain to the court what kind of plan you wish to have in place and why you... Read more »

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