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Florida Child Custody Questions & Answers
1 Answer | 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

Rand Scott Lieber
Rand Scott Lieber
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

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What does it mean when the other parties lawyer is asking me the below.

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

Terrence H Thorgaard
Terrence H Thorgaard
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?

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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can my soon to be ex-wife get child support in a county neither one of us ever lived in and still don't live in and have

a on going divorce case in a total different county?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Not married and have a child together and want to leave and move out of state with child (for good reasons) he refuses

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

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How do I fill out a financial affidavit in a FL child support divorce case if I am unemployed (stay at home mother)

The husband is also unemployed.

Paul Michael McDermott
Paul Michael McDermott
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.

0 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: If CPS or DCF is called can my niece stay with my brother and his family in another state? Or should we call CPS or DCF?

I will not provide details only because the situation is a bit difficult to explain, and I don't want anyone involved until a plan is put into place before calling CPS or DCF; plus, it does involve drug use/alcohol and the sharing of medical marijuana. We don't want to jump into something... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I live in Florida. My children live in ny. How do I go about getting custody or at least scheduled visits?
Rand Scott Lieber
Rand Scott Lieber
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

0 Answers | Asked in Adoption and Child Custody for Florida on
Q: How Do I get custody of my little cousin whos mom was killed in a car wreck on 09/08/2024? Some friends have her

the baby will be 3 on 10/27/2024 No dad in the picture mom was raped by 3 men. They are in Jasper Taxes and I am here in Tallahassee

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What does reunification generally look like in Florida?

Father has been absent for 4 years (since birth) and now wants to petition for custody out of the blue. Is mental health counseling generally a part of the reunification plan? How long are the gradual steps for reunification? Will he ultimately get to 50/50 custody? I just want to understand whats... View More

Destardes Moore
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Destardes Moore
answered on Sep 17, 2024

Reunification varies based on the specific circumstances of each case. If mental health concerns are raised in the pleadings, evaluations may be ordered. Initially, supervised timesharing is often implemented when there is a significant gap in time, and the child is unfamiliar with the other... View More

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0 Answers | Asked in Child Custody and Child Support for Florida on
Q: How long is the emancipation process?

I'm 17 and I was wondering approximately how long it would take to get emancipated from my parents, because I don't want to wait a long time for it to get processed and get emancipated just a few months from my birthday. Because at that point it wasn't really worth getting... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is there any laws for default jurisdiction?

My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.

I dismissed her because we weren’t in... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

Every state has a jurisdiction requirement for filing lawsuits. In Florida (and many other states), in order to file for divorce one party has to have lived in the state for at least six months. Wherever you decide to file, you must meet the jurisdiction requirements. Speak with a local family... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have out state parenting plan from GA and would like to enforce that in Tampa Florida.

Do you know if that can be done and how?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

As long as one of the parents or the child lives in Tampa then you can file a motion for enforcement. You may need to attache a certified copy of the Georgia court order (parenting plan). Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is a default judgement bad for the plaintiff in a divorce case?

I’m getting divorced and my ex wife and me may or may not have a kid together. I’m here in Florida and she moved to Tennessee and she refuses to do a DNA test or respond to my attorney. She’s been served and her 20 day response time expired 2 months ago. I’ve paid for mediation but the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 2, 2024

The answer to your question depends on what relief you are seeking. If you just want to get divorced then a default can help end the case. If there is a child involved then the court cannot rule on children's issues with a default so those issues are reserved, but you still get divorced. If... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Hi, I need a bilingual spanish lawyer from pro bono for child support where can i find? Thank you
Rand Scott Lieber
Rand Scott Lieber
answered on Aug 29, 2024

Look up your local legal aid agency. Some counties also offer child support help through the state attorney's office or the attorney general's office. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If my case was just closed and i want to file to reopen it can I do it pro se or am I still technically represented

I had a lawyer for the case but want to proceed pro se. If the case is closed can I just continue pro se. Do I need to ask attorney to withdraw or can I file a motion for substitution of counsel stating that I am now representing myself

Destardes Moore
PREMIUM
Destardes Moore
answered on Aug 7, 2024

If your case has been closed, you can reopen it without retaining an attorney for the new issue. You would file your document with the clerk of court pro se, and a motion for substitution would not be necessary.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can I be required to provide transportation to and from school for my child during his mothers custody time
Pamela J. Fero
Pamela J. Fero
answered on Jul 30, 2024

Carefully read through your current custody agreement or parenting plan. It may already include provisions regarding transportation responsibilities. Speak with the other parent to discuss and negotiate transportation arrangements. Sometimes, an amicable agreement can be reached without going to... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If my husband, who is deployed, is served in a civil matter at our residence, am I legally required to accept for him?

Florida. His ex-wife filed some paperwork related to custody and I am not comfortable signing for legal documents on his behalf (I do not have a power of attorney during his deployment). Am I legally required to do so or can I decline?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2024

Vald service of process doesn't depend on whether the person the process server hands the summons to agrees to accept it. If the process server gave the summons to the person who answered the door, and the defendant's residence, the defendant has been served. You shouldn't be asked... View More

1 Answer | Asked in Child Custody for Florida on
Q: if i want to continue my case pro se does my lawyer have to submit a motion to withdraw or is there a motion i can file
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2024

In theory, you could draft and submit such a motion. It would be signed by you and your attorney. But the attorney knows how to submit such motion a lot better than you do.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Do I have to let our child leave with his father if he won’t share his new address which is required within 24hrs?

Our child in this case is 9. The father and I share 50/50 custody, rotating time sharing weekly. For summer we each get about 3 weeks uninterrupted time. Tomorrow, the 22nd is supposed to be the start of the father’s 3 week summer time sharing. I got word from his wife on Friday that he was asked... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 22, 2024

If you "got word from his wife on Friday that he ... moved all of his stuff out and into a [friend's] house", isn't it clear to you that he now lives in the friend's house? If you are in doubt, ask his wife for clarification.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex has full custody. On my visits my kids say he is drinking and driving with them in the car. What can I do?

My kids have reported back to me for the past two weeks my ex is drinking and driving with them in the car. He almost got into an accident with them too. How do I proceed to get custody removed and protect my kids?

Pamela J. Fero
Pamela J. Fero
answered on Jul 24, 2024

You may file a motion to modify the custody arrangement if there are significant concerns about the children’s safety. Document everything your children have told you, including dates, times, locations, and specific details of the alleged incidents. If there are any witnesses or additional... View More

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