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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.
He and the 16yr old got in an argument. No arrests or charges. 19yr old has her 2 younger sisters. Said DCS wont let him.But he didn't hear from DCS, they did call me and a few friends to answer some questions about him. That was the last we heard from it. He called and texted asking for her... View More
Paternal grandfather who has no rights to custody is with holding my child from me. The police won't enforce our court order because child is refusing to come home willingly. They stated it must say removable by force, not enforceable by law. Grandpa has encouraged his behavior telling him he... View More
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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
The DCF case worker will not stop the bullying my mom (the Guardian) does with visitations with my kids . We are all in group chat and my mom constantly denied me phone calls , Dr. Visits, school activities, and even a birthday and holiday recently.this has been happening for over 6 months and... 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
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 5, 2024
Depending on the stage of the case you should be able to file a motion to return the child to the jurisdiction. Generally, during a pending paternity case neither party is allowed to relocate with the child. Speak with a local family lawyer for more specific advice.
I'm at disabled veteran, I have DV conviction, the accuracy of it is neither here nor there I just have the conviction and I can't find any legal assistance because I'm immediately disqualified because of those convictions. Is there anyone who can assist me with basic needs for trial... 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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