If there is an Order in place, then the terms set forth in that Order will need to be followed as it pertains to timesharing and any modifications thereof. Usually, if the NCP has rights to the children pursuant to an Order, the NCP would need to file a Supplemental Petition to Modify Timesharing...Read more »
When you attend the hearing the Judge or Magistrate will complete a child support guidelines worksheet for the case. Be sure to complete and file your financial affidavit prior to the hearing. Also, send the other party a letter requesting compliance with mandatory disclosures which includes...Read more »
The biological father never claim rights to my child when he was a born and I was granted a restraining order against him for assaulting me after the birth. We went in front of a judge and he never even mentioned my son to the judge. My ex- husband stepped in and sign the birth certificate and has... Read more »
In Florida, if the biological Father wants to establish his rights he will need to file a Petition to Establish Paternity. He does not have any rights until he receives an Order from the Court. Good luck with everything!
You will need to file a Petition to Determine Paternity and For Related Relief. In the Petition, you can request timesharing and to have your name added to the birth certificate. The Instructions that accompany the Petition will list the additional documents that are required for filing. The...Read more »
My ex husband provided false financial documents to the court in order to evade paying back child support that he owed. He provided a different set of 1099’s, tax returns and commission payments to the court than what the IRS reflects. A final order for our child support case was entered in April... Read more »
I agree with the previous attorney. File a Motion to Set Aside the Final Order on the basis of Fraud. Also, request reimbursement for the amount paid to your Former Husband that exceeds the actual amount owed. Good Luck!
The judge told me i cant move my kids out of ny state. I moved to florida 5 years ago and florida set support to 650. I think my kids dad will tell the courts i left so he wont have to pay that. since i been here so long and the kids and i are established can the judge force me to move back to ny?
You will likely need to consult with an attorney in NY to determine what document you would need to file under the circumstances. In Florida, the document that must be filed is called a Petition to Relocate. If the opposing party does not agree with the relocation and you moved contrary to the...Read more »
If the parties are still married then yes it is legal. However, if there is a divorce pending or the parties are already divorced, then the Husband should be consulted prior to taking the minor child out of the state. Follow any standing family law orders and/or any other orders entered in the...Read more »
I have 50/50 custody of our son. My ex gf is denying me electronic communication via app with our son. Parenting plan clearly states that I am entitled to electronic comunication. She claims that it's against a privacy law. What can I do?
If your Temporary Custody Order states that it is in effect until further Order of the Court than the Mother cannot take the child without violating the Order. If she does take her then you can file an Emergency Motion with the Court requesting that she return the child to you. Depending on the...Read more »
The unwed farther n mother had a agreements on farther get weekends and every other hoilday. But now mother got new boyfriend the farther cant see the childern. All farther wants is to see childern now n file for full custody when get better living ground. The boyfriend has multiple 3degree felony... Read more »
Generally, an unwed father must file a Petition to Determine Paternity and Establish Time-sharing with the Court in order to obtain visitation rights with their children. Additional documents are required which are listed on the Petition's instructions. The Packet that contains the necessary...Read more »
I've received a letter from the Clerk of Courts over a month ago stating arrears are paid in full. Therefore the case is closed with the Dept. if Revenue. I've looked up the case order online the case status is consent judgement not closed!
It is possible that the clerks have not gotten around to closing the case. You can check the docket in a couple of weeks to see if they have marked the case as closed. If they have not, call the clerk’s office and inform them that you received a letter advising that the arrears have been paid...Read more »
Florida doesn't recognize common law marriage, so you wouldn't be entitled to alimony. However, you can file a Petition to Determine Paternity and for Related Relief before the minor child reaches the age of majority. The Court will likely calculate child support in accordance with the...Read more »
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