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We filled for divorce 2 years ago in NJ. My wife moved to FL 1.5 years ago, although there is no written agreement to allow this. I now also live in FL. Do we have to move the case to FL? Is FL a better state for me from a child support perspective or is NJ?
answered on Dec 17, 2024
If the child has been living in Florida for more than six months then NJ will probably not accept jurisdiction anymore, meaning that they may divorce you but they will not address children's issues because the child does not live there anymore. I cannot advise you on NJ child support law.... View More 
I gave my mother temporary guardianship so they wouldn't end up in the state. Now my mother is not properly taking care of them but I'm homeless and have been trying to get a job what can I do legally to get help and get my kids back in my custody I don't want my kids suffering or... View More
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answered on Dec 11, 2024
I hear how much you care about your children and want to improve their situation. This is clearly a difficult and emotional challenge you're facing, but there are resources and steps you can take to work toward regaining custody.
Your first priority should be to secure stable housing... View More
He owns his own home and is a business owner. He loves my child as it’s his own. I’m living in a house right now that was flooded during a hurricane and it’s a current construction zone. I’d love to move in with him so my child can be safe and have a family environment. Am I able too while... View More
answered on Dec 6, 2024
The court will always look at the best interests of the child. As long as you are doing what is best for your child (as opposed to what is best for you) then you should be alright. Just be prepared to explain the the court why you moved and how it was better for the child. Speak with a local family... View More
My child's father refuses to sign the paperwork so I can get a passport for our child. Our child is 9 and he's only met him twice. He hasn't seen or called in 4 years. He does pay child support because he is court ordered to do so, but we do not have any custody or visitation orders.... View More
He also takes them out of the state of Florida without notifying her of where they’re going, length of visit, etc..She is the majority parent but be always skirts the rules. What can be done about this?
answered on Nov 18, 2024
Your remedy is to return to court on a motion for enforcement and contempt. Unfortunately it is hard to prove these issues and there is not much that the court can do other than reprimand the violating parent. Speak with a local family lawyer for more specific advice.
My son went temporarily to MI while I was incarcerated. I still have full custody. I am doing well and would like my son to be with me again. I believe my son has been turned against me while I was gone. My mother is elderly and in very poor health, My stepfather has Alzheimer’s. So my son is... View More
answered on Nov 18, 2024
You need to start with the last court order regarding your child. What does it say about who cares for the child while you were incarcerated. You can then return to the court that issued that order to ask to get your child back. Generally, children do not get to choose who they live with. Speak... View More
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answered on Nov 15, 2024
I would need to see the Final Judgment/Parenting Plan but it is likely that if regular visits are supervised, then Holiday visits are supervised as well. It sounds like it may be time to review that finding of supervised visits and petition the Court for a change. Give us a call at 954-840-5301.... View More
If a non custodial parent moved to another state before a Dissolution of Marriage was done in Florida, did she/he need to file a Petition for Relocation? When is considered she/he moved, when done physically or legally change address?
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answered on Nov 15, 2024
The short answer is that typically, only the parent who plans to move needs to file the petition before the move, but relocation is rarely just about legal paperwork. What you’re probably worried about is how this move could affect your relationship with your child or your ability to maintain... View More
She was homeless. Now she has a home and wants her son back but her brother has refused and is now trying to get custody. She doesn't know what to do. Do you help with these matters?
answered on Nov 14, 2024
Tell your friend to look for a legal aid agency in her area. They can either help or point her in the right direction. Many lawyers offer a free consultation. Speak with a local family lawyer for more specific advice.
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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
A UCCJEA was also filed with the petition. The lawyer didn’t notify me as well. The child now lives 22h away oppose to 6h . What should I do to get this settled quickly .
answered on Nov 6, 2024
File an Emergency Motion for Child Pick-Up Order. This motion can request the court to order the immediate return of the child. Since the respondent did not notify you about the relocation, they might be in contempt of court, especially if there was a court order in place prohibiting such a move... View More
Child is 9. Father lives out of state & has not been involved since birth. He is on birth certificate & is court ordered to pay child support from other state. He was told that anything to do with custody or visitation would be FL courts. He never filed for anything. He's accused me of... View More
answered on Oct 24, 2024
It sounds legally like you are in control. Offer him the terms that you want and if he does not like it then he can go to court. Speak with a local family lawyer for more specific advice.
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
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
answered on Oct 4, 2024
There is no set age where a child can communicate with the judge. Most judges do not want to hear from the child. The court wants both parents to be involved in the child's life. You need legitimate reasons other than the child's preference to restrict timesharing. Speak with a local... View More
My Son’s father has filed a motion for leave of court to amend his petition for modification and enforcement of the parenting plan and for other relief. His lawyer emailed me “Do you agree to submitting an Agreed Order on the motion to amend the petition. Which must be determined before a... View More
answered on Oct 4, 2024
It looks like, for some reason, the petition has to be amended before the parenting plan can be modified. If you don't understand, ask the lawyer?
a on going divorce case in a total different county?
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answered on Sep 27, 2024
No, child support should typically be filed and handled in the jurisdiction where the child resides or where the ongoing divorce case is already being handled. If your divorce case is ongoing in a different county, it's likely that the same county would handle matters related to child support.... View More
Everytime I try to leave and mention bringing the child it's immediately shut down and they get angry. I have absolutely nothing except for our child , them and their family and my dog. Haven't been able to keep a job due to them and now can't work. They gaslights me and is very... View More
answered on Sep 27, 2024
Although technically you can do what you like, this is a complex issue in family law. Try to schedule a free consultation with a local family lawyer to discuss your options.
The husband is also unemployed.
answered on Sep 26, 2024
Just check the box that says "unemployed" and mark "0" on the income section. You can still complete the expenses, assets, and liabilities portion of the form.
answered on Sep 19, 2024
If your children have lived in NY for longer than six months then you need to file for timesharing in NY in the jurisdiction where the children live. If you were never married to the other parent and have never been to court then it would be a paternity case. Speak with a local family lawyer for... View More
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