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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can a custody agreement be nulled in both parents and child moved out of that state.
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answered on Nov 12, 2024

The answer depends on whether the custody agreement was ratified by the Court and if it became a final or temporary order in a custody or a paternity case. Custody agreements between two parents that are not generally filed in Court can be enforced as a contract if necessary to protect one parent... View More

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1 Answer | Asked in Family Law for Florida on
Q: If I file Motion to return child to Jurisdiction where paternity case is pending, can respondent request case to be move

Respondent moved to a different state 22h away without notifying me. The lawyer didn’t notify me as well. If I file motion to ask to return child to the Jurisdiction where the case is pending, what are the odds of the judge moving the case to the new state she lives in, if the respondent/lawyer... View More

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answered on Nov 11, 2024

It appears that the Respondent has relocated with the minor child without proper authorization from the Court or written consent from the other parent, you. In this case, a Motion to Return Child to the Court’s Jurisdiction should be immediately filed. Be sure to attach a copy of the UCCJEA... View More

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: How can I protect myself if my opposing party IS city hall?…and friends…?…and family members…?

myself and safely get my children returned to my custody after 3 years of a battle against the court employees and authorities, who ARE running this town, my childrens cases, no due process exists and judges simply don't respond to emergencies modification custody? Not even a personal letter... View More

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answered on Oct 17, 2024

Based on the allegations, it would be in the best interest of the child(ren) that you request the Court to appoint a Guardians ad Litem (GAL) to advocate for the minor child(ren). The Guardians ad Litem will have the ability to review all the evidence and prepare a report and send to the Judge... View More

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1 Answer | Asked in Divorce for Florida on
Q: Pretrial divorce hearing in FL, do witness statements have to be submitted or just witness list, prior to actual hearing

Paperwork to be submitted 10 days prior to court date, not sure if the statements are part of that or just the witness list.

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answered on Nov 13, 2024

For the pretrial statement a list of all potential witnesses with their name, address and phone number. The other side must be able to have sufficient information about your potential witness in the event they want to conduct an interview with them prior to trial.

2 Answers | Asked in Child Custody for Florida on
Q: How old does a child have to be in Tampa, FL to make a custody decision if smart and organized and mature?

Child is smart, `13 yo living in Tampa, FL. Repeatedly says she doesn't like her father divorcing rather than working it out . She doesn't like 2 bedrooms and having to split life . She wants to stay with mother . During custody court preparation, she is seeing therapy. She of course is... View More

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answered on Oct 15, 2024

While Florida Statute does allow a child to express their preference as to timesharing, they will have to be sufficient age and maturity. A 13-year old child is not of the age to express preference. However, I would suggest getting a GAL involved to represent the child's interest.

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