Rand Scott Lieber's answer Both parents are entitled to spend time with the children. The court will enter a timesharing schedule that is in the best interests of the children. The court will look at the father's past conduct regarding spending time with the children. If they are established in their current school then they will continue to attend there. The court will not order them to travel 85 miles each way to go to school. If by shared custody you mean 50/50, that does not seem reasonable based on the information...
Rand Scott Lieber's answer Filing with the court is what makes it legal and final. You can enter into all of the necessary agreements and complete the forms prior to filing with the court. Your local clerk may have a "self help" packet of forms or they are all available for free online. Just google florida family forms and choose the flcourts website.
Rand Scott Lieber's answer "Simplified" does mean no assets or liabilities but you can still pursue a regular divorce. The lawyer wants to make sure that you have each disclosed all of your assets and liabilities and is probably requesting that you complete a financial affidavit so that there is some evidence of the disclosure.
Rand Scott Lieber's answer Unless your mother got a judgment before you turned 18 she probably cannot recover past due child support so many years later. Since child support was owed to the parent if you are the child you have no standing (independent right) to collect past due child support.
Rand Scott Lieber's answer Assuming that your filing is in Florida, the Petitioner controls the case if the Respondent did not file a Counter Petition. Therefore, if you dismiss the Petition then the case is closed and Respondent would have to file to continue case. The court may give Respondent more latitude to refile if children are involved.
Rand Scott Lieber's answer If you have never been to court before then the mother has 100% timesharing and can move wherever she likes. If there is an existing court order granting father timesharing (visitation) then you need the father's or the court's permission to move more than 50 miles.
Rand Scott Lieber's answer You must return to court and file a Motion for enforcement and/or contempt. Explain to the judge what she is not doing or doing wrong and ask the judge to order her to comply.
Rand Scott Lieber's answer This answer assumes that you are in court in Florida, not Ohio. The court should do the math regarding what was previously owed and what will be owed going forward. You should receive credit for any balance due and owing to you on the effective date of the modification.
Rand Scott Lieber's answer Unless your agreement says otherwise you should be splitting the out of pocket. You could try to recover the overpayment but it might be more trouble than it's worth. Only you can make that decision.
Rand Scott Lieber's answer If you cannot reach an agreement with the father then you must go to court to settle the issue. You will then have a parenting plan which spells out each of your rights and responsibilities for the children.
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