Lawyers, Answer Questions  & Get Points Log In
Florida Child Custody Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Florida on
Q: I live in FL, my child's father lives in NY. I wish to move back home to Europe with my child.

We were never married and there is no custody order or parenting plan in place granting him any rights and my daughter lives solely with me. There is currently a no contact order in place where he cannot have any contact with me or our child, due to the attempted kidnapping of our child and... Read more »

0 Answers | Asked in Family Law, Appeals / Appellate Law and Child Custody for Florida on
Q: Can dcf lie failed homestudy the reason for an emergency temp custody meant to take child without any danger or reason

Non removed Fit parent that has conditional custody DCF send state AVOID Communication w/receiving agency, w / parent for 6 months after concurrence. While attaching more custody conditions meant to cause violation.Zero reasonable efforts to keep child w/parent. File form100b would have completed... Read more »

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If a child has been living with grandparents, but there is no legal custody arrangement, can grandparent deny the mother

If there has been no court ordered custody or guardianship arrangement, Can a grandparent, who has been caring for a child for an extended period of time, deny the mother the ability to take the child back? And can they make rules denying the parent from having the child stay with said parent... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Sep 26, 2022

If there is no court ordered custody arrangement, there is no reason the grandparents keep the child from you, unless there are proofs you are unfit to care for the child and they appeal for custody for the child. Speak to lawyer to know how best to proceed with your case.

View More Answers

1 Answer | Asked in Family Law, Child Custody and Military Law for Florida on
Q: Will a POA suffice so I can take over my husband’s coparenting agreement while he is in school for his new assignment?

My husband, who is in the Air Force, is leaving for about five months to tech school to cross train to his new AFSC. There is a parenting agreement in place for my stepdaughter and right now we have her every other weekend (Friday - Monday). Will a military POA suffice so I can take over my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

The Judge was the ONLY person who established your husband's visitation rights, and the Judge is the only person who can answer this question. Do NOT rely on a "military POA." Ask the Judge.

0 Answers | Asked in Child Custody, Family Law and Military Law for Florida on
Q: My husband leaves on a military assignment in Jan ‘23. He has half custody of my stepdaughter. How do I become her guard

My husband leaves on a military assignment in Jan ‘23. He will be gone for about five months. He has half custody of my stepdaughter. How do I become her temporary guardian while he’s away so we are able to keep the same co-parenting schedule? We currently have her every other weekend (Friday -... Read more »

0 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

The mother of my child filed a lawsuit against me for child support money. I haven’t worked in three years due to work injuries and I’m unable to work because of my restrictions. I send my medical files to the department of revenue. I asked them to modify my support payment. Even when I was... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My decree states 880 per month child support for 2 children. 1 child turns 18 soon. Decree doesn’t state 440 per child.

When my child turns 18, he has graduated HS, will my supposed now be 440 per month?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2022

You should speak with a local family law attorney to recalculate your child support for one child. It does not automatically go to half and it could even be lower than half. More importantly, you want to record the change with the court so that you are protected if there is a dispute in the future... Read more »

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My decree states 880 per month child support for 2 children. 1 child turns 18 soon. Decree doesn’t state 440 per child.

When my child turns 18, he has graduated HS, will my supposed now be 440 per month?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 17, 2022

That would be a reasonable assumption. But if the person to whom you pay child support (payee) disagrees, you had better apply to the court to have the decree clarified.

View More Answers

0 Answers | Asked in Family Law and Child Custody for Florida on
Q: Can I end a temporary custody agreement

I adopted my grandchildren years ago by the state of Florida and ohio I live in ohio and so do the biological parents and they got temporary custody of the oldest child in July but their parental rights were terminated can I end the temporary custody agreement and if so how do I do that

0 Answers | Asked in Adoption, Child Custody and Criminal Law for Florida on
Q: I was arrested on 11/12/2012 on charges I didn't commit against my child. Proved my innocence. And was still jailed.

Spent 14 months in jail was then sentenced to 4 more months as a example. From the judge.. Robert Cupp. Who has resigned.in 2014 I was placed in a halfway shelter forced to give birth to my daughter then to have my mother come get her and go back to finish the program. I passed a test proven... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My daughters father who had physical custody has passed away in Florida. Now I have my daughter

Our custody agreement is from Kentucky. I’m I required to transfer and change the agreement it in the courts in Florida?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 12, 2022

If you are still the legal parent of the child and only shared the child with the father then why is an agreement needed at all? Besides a family lawyer you may need to speak to a probate lawyer (a lawyer that handles estates after someone dies). If you had your parental rights taken away that is a... Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence, Family Law and Landlord - Tenant for Florida on
Q: the father of my child moved me into his home a year ago. Can he kick me out even if i have nowhere to go with my kid?

he gave me 1 month to leave his house because I caught him cheating. It escalated where he put his hands on me in front of my child. I called the police and reported it. I don't have family around so I have nowhere to go right away. I haven't worked in 6 months, he's been paying all... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 10, 2022

No, he cannot just kick you out like a dog. If you have stayed there for longer than 30 days, then he has to take legal steps to evict you. If you are married then different rules apply. But if you are just a houseguest, then he first has to serve you a notice to vacate, and then he has to file an... Read more »

1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Rights for Florida on
Q: Can defac take a newborn without notifying you parents?
Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2022

Your question is too vague. I suggest you re-post with short description of what caused a newborn to be taken. And by "defac", do you mean DCF (Dept. of Children and Families)? And by "notifying you parents", do you mean notifying the parents of the child being taken away?

0 Answers | Asked in Child Custody for Florida on
Q: Can a private investigator LEGALLY do a drug surface test upon my request?

My nephew's father has an extensive criminal history, Felony assault on a pregnant woman, domestic assault, Possession of controlled substances all convictions. I hired a Private investigator to do surveillance and gather information. I want to ask if the investigator will do a drug surface... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I about a year ago I gave temporary custody of my daughter to my father she's 16 do I have to go to the courts to get he

I gave temporary custody of my daughter my 16 year old daughter to my dad until I could get my own place get a steady job staple job and get on my feet financially well I'm I'm financially okay now and I have my own home and I have a good job do I have to go through the courts my daughter... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 30, 2022

If a Judge gave your father temporary custody of your daughter, you will have to return to the same Judge to undo his Order. You might have visitation rights but that is NOT the same a custody.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is there a way to establish legal rules on paper but not through the whole process? Maybe like with a mediator or?

My daughters father and I are not married and have never been married. I moved to Florida from Georgia and don’t have money to switch my car and everything over to Florida. So I have an out of state license. My child’s dad always wants me to drive and bring her to him and we have disagreements... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 26, 2022

If yo have never been married then you as the mother have total control of the situation. If you have lived in Florida for more than six months then you can file for paternity here, with or without a drivers license. You just have to prove that you have lived here and plan to continue living here.... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son mom won't to get child but my son doesn't live with her and she not making sure he goes to school
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 24, 2022

If there is a court-ordered parenting plan in place, you can file a motion for modification. If the mother is proved unfit to take care of the child, the court may grant you more time or sole parental responsibility. Talk with a family lawyer to know how best to proceed.

1 Answer | Asked in Child Custody for Florida on
Q: I have majority custody of my kids. I got permission to move from FL to WV. Their father just moved from FL to SC.

He had agreed for us to relocate back to FL by Oct of this yr but moved to SC & now he’s saying I can not relocate the kids even though he already has an out of state parenting plan which he didn’t even keep them during his summer visit causing me to lose a good travel assignment. His... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 22, 2022

The law in Florida is that you can only address children's issues if one or both of the parents (or the children) live in Florida. It sounds like no one lives in Florida anymore so you would need to go to court where you or the other parent lives. Should you move back to Florida and live here... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.