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Florida Child Custody Questions & Answers
0 Answers | Asked in Divorce, Child Custody, Arbitration / Mediation Law and Family Law for Florida on
Q: Seeking legal penalties for co-parent violating supervised visitation terms due to substance abuse and mental illness.

In my divorce procedure, the co-parent has repeatedly violated the terms of supervised visitation by either canceling without prior notice or leaving early. The visits were scheduled to occur every other weekend for 2 hours, as reinstated in a mediation order. There are underlying concerns of... View More

1 Answer | Asked in Child Custody, Civil Litigation, Gov & Administrative Law and Family Law for Florida on
Q: Can I deny my child therapy without supervision due to coaching concerns?

I have a shared 50/50 custody arrangement, but I'm currently under a safety plan due to an open DCF case. I believe my child's mother may be coaching them about what to say during therapy sessions, and they have been with her for over 14 days now. My child is 9 years old, and I want to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 3, 2025

Better to go to court or try and speak with the therapist before you deny the therapy. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Florida on
Q: How can I file for full custody in Florida when child's father is absent and neglectful?

I have been the primary caregiver for my child, with her father having had no contact for 5 months and neglecting child support for 1 year and 5 months. My daughter solely lives with me, and our current understanding is that I have full custody, although there are no formal court orders in place.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 1, 2025

You do not say if you are married or not. If you are unmarried and have never been to court for paternity then you can basically do whatever you like. If the father opposes anything then he would have to go to court. If you are married it is a similar situation. Speak with a local family lawyer for... View More

2 Answers | Asked in Adoption, Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can my husband adopt my children if I have full custody and their birth father has visitation rights, but hasn't visited since 2022 and is behind on child support?

I have full legal and full physical custody of my children, and their birth father has supervised visitation rights two hours once a month, per a court order. However, he has not used these visits since 2022 and only saw the children once that year. He has expressed objections to someone else... View More

Daniel A Bachert
Daniel A Bachert
answered on Mar 31, 2025

The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.

The...
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0 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: What can I do to gain custody after father's arrest for child abuse?

I have two sons, ages 14 and 12, who live with their father in Florida. Their father was arrested last night (3/26/2025) for aggravated child abuse. Despite this, I was not contacted to see if I would want to take my boys home with me. I have not seen them in almost three years due to the mental... View More

1 Answer | Asked in Child Custody and Civil Litigation for Florida on
Q: Clarification on jurisdiction in timesharing case after SWAT raid.

I filed an Emergency Motion to Stop Timesharing due to concerns about my children's safety, as their father's house was raided by Lake County SWAT and he has been using drugs. The court's order mentions that I failed to state a cause of action for jurisdiction to modify timesharing,... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 24, 2025

Is there a current order on timesharing? If yes, what court issued that order? That is where you would need to file your motion to modify the current court order based on the "best interests of the child." If you have never been to court or if there is no court order then you need to file... View More

0 Answers | Asked in Child Custody and Child Support for Florida on
Q: How to obtain a passport for my child when her father changed his agreement for a family trip?

My child's father and I have a court order in New Jersey that grants him visitation every other weekend while I have primary residency. We moved to Florida over two years ago. He had initially agreed to let our daughter go on a family vacation out of state, and I booked the hotel based on that... View More

0 Answers | Asked in Child Custody, Family Law and Gov & Administrative Law for Florida on
Q: What can we do if my parents won't support my 16-year-old brother after lease cancellation?

My mom, who is the primary custodian of my 16-year-old brother, is canceling her apartment lease at the end of this month without making arrangements for my brother's care. My parents are divorced, and neither my mom nor my dad are planning to support him, and I am unable to take him in... View More

1 Answer | Asked in Child Custody, Criminal Law and Domestic Violence for Florida on
Q: Can my son's father with a criminal history get 50/50 custody in Florida?

I live in Florida and am considering custody arrangements with my son's father. He has a criminal background, including convictions for firearm possession, grand theft auto, and threatening police officers. Additionally, he is currently involved in a situation where he's threatening his... View More

Michael Rubin
Michael Rubin
answered on Mar 16, 2025

seems to me they would be interested in why you would agree to a situation like this with this man's record?

Sounds like you are the one who should not have custody and perhaps the child would be better off without either of you in his or her life.

1 Answer | Asked in Child Support, Child Custody and Family Law for Florida on
Q: Can I file for child support without a shared time agreement?

I want to file for child support, but I received a tile 4 form, which is for a shared time agreement. My daughter, who is 7 years old, does not want to spend time with her father. Can I proceed with the child support filing without submitting the form? If not, is she old enough to decide not to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 17, 2025

If and when you go to court, I am assuming for paternity, the court will address both child support and timesharing. The timesharing decision will be based on the best interests of the child. Speak with a local family lawyer for more specific advice.

0 Answers | Asked in Child Custody and Family Law for Florida on
Q: Custody of grandkids with mother on probation in FL

I am the grandmother of three grandchildren, ages 12, 9, and 8. Their mother, who is on felony probation, has custody. However, she lives in a 21 ft camper with the children. The mother often has me keep them temporarily when she is unable to care for them or for her convenience. My grandchildren... View More

1 Answer | Asked in Child Custody for Florida on
Q: Can I withhold visitation if my ex fails to submit psychiatric documents?

My ex-husband is required by a court order to provide monthly documents from psychiatric treatment and proof that he is taking his medications as part of his visitation conditions. This has been a recurring issue because he does not submit the required documents. Can I legally withhold visitation... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 14, 2025

It would be better for you to file a motion with the court before withholding timesharing. The only exception would be if you have a legitimate fear for the child's wellbeing. Speak with a local family lawyer for more specific advice.

0 Answers | Asked in Child Custody and Civil Litigation for Florida on
Q: Temporary custody issue with mother refusing to return child.

I provided my mother with a temporary custody notarized paper for my 2 1/2-year-old daughter. The Department of Children and Families (DCF) has informed me that I can pick her up, but my mother is refusing to return her. There are no court orders, and custody has never been taken from me. I live... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How can I retrieve my daughter from my mother without legal custody agreements?

I temporarily gave my mother custody of my daughter by signing a notarized paper. However, DCF informed me that there is no open case and legally, I can retrieve my daughter. My mother is refusing to return her. What steps can I take to have my daughter returned to me when there are no official... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 14, 2025

If your mother no longer has a legal right to keep your daughter then you can involve the police if she refuses to cooperate. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Arbitration / Mediation Law for Florida on
Q: How to address ex planning to move away with our child under a 50/50 custody plan?

I have a parenting plan with my ex where we share 50/50 custody. My ex recently informed me that he plans to move 3-4 hours away with our child, and I'm not comfortable with that decision. Our parenting plan doesn't mention relocation. What steps can I take legally to address this... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 13, 2025

There is a law that prohibits relocation more than 50 miles, Statute 61.13001

Here is the link:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13001.html

Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Am I obligated to give child's father birth certificate in FL?

I live in Florida and am the primary caregiver for my child. My child's father, who signed the birth certificate, is requesting our child's birth certificate and social security card. We have no formal custody or visitation agreements, and he visits on Sundays. He hasn't provided a... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 11, 2025

If you have never been to court for paternity or child support then you have no obligation to provide documents to him. Speak with a local family lawyer for more specific advice.

0 Answers | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: How to keep child's father's abusive girlfriend away from child?

I am the primary parent of my 2-year-old child under a current parenting plan. My child's father has admitted to me and his sister that his girlfriend has been physically abusive to him. He claims the marks on his arm are from a cat, but he confessed they were caused by his girlfriend. My... View More

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for Florida on
Q: Options for dismissing ex's custody petition due to non-compliance and lack of contact with son.

I was ordered to mediation with my ex regarding custody of our son within 30 days from 01/24/25, and both of us were required to file financial affidavits. I submitted my affidavit on 02/17, but my ex has not filed his yet and hasn't been in contact with our son since 2023 after moving to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

If there is a court order to mediate and it is scheduled then you should appear. Tell the mediator that you cannot move forward without his financial affidavit. You can also fie a motion to compel his financial affidavit. If the facts are as you say then the court should rule in your favor... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Florida on
Q: Can child support be modified in FL/TX before resolution in IN?

I'm currently involved in a child support situation where the original order was issued in Indiana. The custodial parent, now residing in Florida, and the non-custodial parent, in Texas, have both moved out of Indiana. Despite this, child support is still being enforced in Indiana, and there... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

The truth is that neither one of you should be in Indiana court anymore. The court with jurisdiction over the child is wherever the child has lived for the past six months. If you are in Florida you may want to file your action in Florida. You will need to notify the FL court that there is also a... View More

1 Answer | Asked in Child Custody, Appeals / Appellate Law, Libel & Slander and Civil Litigation for Florida on
Q: Can I take legal action against my husband's ex-wife for false court filings and defamation in Florida?

I recently went through a custody battle with my ex-husband, where I was granted full physical and legal custody with a no-contact order. He's filed an appeal, and I've returned to court multiple times due to his contempt. My current issue is that my current husband's ex-wife keeps... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 2, 2025

You will need to call a lawyer to schedule a consultation, so that the court docket and documents may be reviewed. Your description is confusing regarding why your current husband's ex-wife would be a party to court proceedings (or is she?), and is so, for what type of proceeding and which... View More

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