My ex-wife is my kid's teacher and the children shared with the school therapist that she has been hitting and choking them. I was informed that the school is reporting her to DCF and police. What can I expect and what should I do? We live in neighboring counties (30 minutes apart) and share... View More
A father is awarded custody of a child following a divorce. Since the father is in service at the time, temporary custody goes to the paternal grandparents pending the father's return from duty per the divorce agreement. Upon return the father never assumes custody, the child remains with... View More
You need to return to the court that issued the most recent order on custody/ timesharing and ask for clarification (or modification) if the circumstances have changed. Speak with a local family lawyer for more specific advice.
I live in Florida my oldest I gave temporary custody to just in case something happened to me to her 12-year-old sister and went to Louisiana and my oldest got arrested to the state has my 12 year old can I lose my custody rights to her because my oldest did and now I'm trying to get her back... View More
I’m going trough a divorce my wife lawyer filed a motion to stop the time sharing the judge ordered temporary. Based on an arrest I had but I was never convicted I plea not guilty and the case was dismissed she also claiming I have mental issues and drug abuse base on a letter she opened from a... View More
The legal standard for children’s issues is what is in the best interest of the child. If the incident that you are referring to had nothing to do with the child or did not happen in front of the child then it is not relevant. Speak with a local family lawyer for more specific advice.
Long story short, I lost two sons in an accident and one survived they were in the care of their father who survived as well. CPI became involved when I brought my surviving son home from the hospital. I was the non offending parent but that quickly changed once me and the cpi worker had a... View More
Sorry to hear about your terrible ordeal. The legal grounds available to sue DCF are very limited due to various legal obstacles, such as immunity from certain grounds that are available to sue certain other governmental entities. In some limited circumstances, there are potential grounds to sue...View More
We are waiting on mediation and agreed I will have visitation rights. I originally put a date down for end of January because I didn’t know the date. It’s actually Dec 30. What do I need to do to ale sure I don’t get in trouble for abandonment? How do I change my move date?
If you believe your constitutional rights have been violated in court, particularly in matters as serious as custody disputes where you feel your children are in danger, it is critical to seek legal advice immediately.
Contact a local attorney with experience in family law and civil rights...View More
We have a total of 5 children but only 4 live with her. We have a written agreement that the children at the age of 13 can decide where they want to be. The ex and her boyfriend work shift work and my 12 year old is raising the other kids. But it’s 5 girls and my youngest boy. My middle girl... View More
Unless your parental rights have been terminated you can always return to court to modify timesharing. You must file a motion and explain why you want the change. The legal standard is what is in the best interests of the child. Speak with a local family lawyer for more specific advice.
I have a court order in FL for my son who I coparent with his father. Our arrangement is 60/40 with me having majority and being his primary residence most of the year and for school. I am currently pregnant with my Fiance and Is first child, would this give me an option to redo that custody... View More
The legal standard is what is best for your child, not what is best for you and your fiancé. If the father does not agree then you must go to court to change the timesharing. There are many factors that the court has to consider. Florida wants a child to have meaningful contact with both parents....View More
As a father I was awarded 100% custody of our two young children through a domestic violence injunction order. Mother responded with a petition for paternity. I wasn't able to afford legal representation for trial on September 29th and somewhat poorly represented myself and the interest of our... View More
Technically, you should follow whatever the judge orders, even if it is verbal. The written order should match what was said verbally. If you have an issue with what you should do then you must return to court to ask for clarification. If you have concerns about the children missing school when...View More
We were married in Dec 2012, he moved out in June 2016 and we saw him one time in June 2016 after that. He moved out and became an absent parent after DCF opened a case against him for substance use and the case was closed after he continued to refuse to take a drug test. And being absent until Dec... View More
You need to answer his petition for divorce and explain everything that has happened over the past several years. The court will order timesharing based on what is in the best interests of the children. It sounds like you can demonstrate that the father has not been involved in the lives of the...View More
She’s a green card holder. I’m a us citizen. The kids are citizens also. Can I.C.E. deport her and separate from kids? Does my 20% child custody go to 100% with her deported? What can I do as father and exhusband to help?
My children have missed their prescribed weekend with me three times in the last 2 months. I believe this makes it necessary to file for her to be held in contempt. She also started working recently, as she was formerly on disability, so I need to renegotiate child support as well.
To find pro bono legal assistance for child support and custody matters in Florida, you can start by reaching out to local legal aid organizations, the Florida Bar Association's pro bono program, and nearby law schools that may have clinics or programs offering free legal services....View More
I share 50/50 custody of my children with my ex in FL. My child has autism and receives ssi each month. My ex is the sole payee for this money. Does this count toward HER monthly net income when determining my child support payments?
SSI received by a child does not count as a parent's income; however, it is part of the child support calculation and should reduce your obligation. Speak with a local family lawyer for more specific advice.
The law is that you have an equal opportunity to hire a lawyer. You may need to go to court to have your husband ordered to contribute to your attorney's fees. Speak with a local family lawyer for more specific advice.
The two parents can voluntarily enter into a parenting plan. As long as you both agree and sign then it is a binding contract between the two of you which can be used later if you divorce. Technically there is no child support due while you remain married. Once child support begins it will be based...View More
I live in Texas and my daughter lives in Florida. Long story short, before moving to TX I did not see my daughter for 8 months because the mother decided she wanted to stop coming to court ordered custody exchanges. The judge did not take that lightly and she was found in contempt and the judge... View More
You do not mention if you have ever been to court regarding the child. If there is an existing court case in Florida then you can file a motion for electronic communication with the child. If there is no court case then you must file a petition for paternity (assuming that you are not married)....View More
The court will order timesharing that is in the best interests of the child. If you are both capable parents and are able to care for the child then you can pursue 50/50. It may be a little different with an infant because frequency of contact is more important than length of time. Speak with a...View More
Child asked to go to a sleepover birthday party during father timesharing weekend. Father does not wish to travel to take child. Father states that mother should make arrangements with his mother for the entirety of his timesharing weekend. He would not be with child, however seeking to pawn off... View More
The father is responsible for his timesharing. You do not need to make arrangements with his mother. You do not mention how the exchange is handled or how old the child is. Normally a parenting plan says that if a parent does not show up to exercise timesharing after a certain period of time the...View 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.