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I have two children with the same woman, and we are not married. My name is on both birth certificates. Our relationship seems to be ending, and I want to ensure I have equal rights to our children if we split up. Currently, we have no formal visitation arrangements, but we live together and share... View More 
answered on May 5, 2025
By being named on the birth certificate you are recognized under Florida Law as being a natural guardian of the children with the same parental rights and responsibilities as the mother. However, that just means that each of you as parents have the right to deny the other parent access to the... View More
I'm looking for a family law attorney in West Palm Beach. My case, which I have managed with the help of a paralegal up to now, is at the mediation stage where we couldn't agree on a 50/50 custody arrangement. There are no court dates set, and there aren't any specific concerns... View More
answered on May 2, 2025
Based upon what you have stated it would seem to be time to prepare for final trial, the court must be advised that the action is ready for trial and a court date will be set. Expect that date to be somewhere in the next four to six months. If there is no agreement regarding time sharing or a... View More
My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More
answered on May 2, 2025
The Colorado Final Judgement would need to be domesticate in Florida and there is a specific procedure to properly accomplish the same. Unless your daughter is going to be adopted by a step parent or someone else with you it is doubtful that your former husband would be permitted to voluntarily... View More
I am considering applying for sole custody of my 9-year-old child. There are currently no existing custody or visitation court orders in place. My child's father has been absent for most of her life, having met her only twice and not initiating contact or visits. He pays child support through... View More
answered on Apr 28, 2025
From what you describe you basically have sole custody of your daughter now, so I'm not quite sure what you are hoping to gain by filing an action for the same. While it is true that the father is free to file a Petition to establish his parental rights and obtain time sharing any time he... View More
I have full legal and full physical custody of my children, and their birth father has supervised visitation rights two hours once a month, per a court order. However, he has not used these visits since 2022 and only saw the children once that year. He has expressed objections to someone else... View More
answered on Mar 31, 2025
The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.
The... View More
I am disabled with no income or money. My wife, who has been the breadwinner for over 10 years, wants a divorce. We've been married for 28 years and have no prenuptial or postnuptial agreements. Am I entitled to any support from her?
answered on Apr 28, 2025
Alimony is based upon need and ability to pay. Based upon what you have stated you could certainly prove that you have a need for some amount of alimony the remaining question, which you would have the burden of proving in court, is that your Wife has the ability to pay some amount of alimony given... View More
My ex-husband has a studio apartment where our son (14 years old) and daughter (17 years old) stay during weekends and time off from school. We have a 50/50 custody arrangement, but I'm concerned about the adequacy of space and privacy for the children, as they have expressed a desire for... View More
answered on Apr 10, 2025
While it may not be the best of living arrangements there is nothing illegal about it as Florida law would only require that the children have a safe and secure residence in which to reside.
I requested a child support modification, which was denied despite my financial hardship. Since the initial support order, I've experienced a major pay decrease of 50% as of July 27, 2024, and had a baby on October 27, 2024. Given these changes, what options do I have now to address the denial?
answered on Mar 31, 2025
Based upon your question I will assume that you requested a child support modification through the DOR not by filing a Petition for Modification with the Court. To obtain a modification of child support you must allege, within a Petition for Modification filed with the Circuit Court and prove a... View More
I want to adopt my stepdaughter in Florida, and her biological father is not listed on her birth certificate. I have been her dad since her first birthday, and she is now almost 11 years old. The biological father has never had contact, and we do not know where he is. I am married to her mother,... View More
answered on Mar 31, 2025
Yes, you can adopt your step daughter with her legal/biological mother's and father's consent. However, the court can waive the consent requirement for any parent that has abandoned the child, as that term is defined under Florida Statutes.
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