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Florida Child Custody Questions & Answers
0 Answers | Asked in Child Custody for Florida on
Q: Where can I find paralegal assistance for custody trial preparation with a DV conviction?

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

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What do you do when an absent parent, who has been absent the childs whole life starts calling & requesting a call back?

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

Rand Scott Lieber
Rand Scott Lieber
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.

0 Answers | Asked in Child Custody and Child Support for Florida on
Q: Can I give preliminary custody (PR) to my sister that lives in (FL)?

If individual (not the father) is being convicted of a federal crime in (PR) can they give custody to sister (FL)?

0 Answers | Asked in Family Law and Child Custody for Florida on
Q: My children's 2nd cousin wants me to sign over temporary custody of my 14 and 17 yr old.

There has been a few domestic incidences with my boyfriend and myself period cops have been to the house multiple times d c f has been involved. D c f was just recently called by the your second cousin saying that my boyfriend hit me which he did not. She wants to.

Leave the temporary... View More

0 Answers | Asked in Child Custody and Family Law for Florida on
Q: If the father signs the child up for school and the mother keeps the child away

The mother came up with a story of one of fathers step sons was touching her daughter and that she was bleeding a week later after having her in her care saying she found blood in her underwear a week ago and just bringing to our knowledge so moving forward she then Asked her daughter did anybody... View More

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: How can I protect myself if my opposing party IS city hall?…and friends…?…and family members…?

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

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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0 Answers | Asked in Medical Malpractice and Child Custody for Florida on
Q: Severe medical malpractice, false positive, innacurate/missing records and my missing baby HELP US PLEASE!

11/22/2023 emergency C-sec, happy healthy, newborn son was born. Literally ripped from my arms as he was breast-feeding no more than TWO days later by security and DCF as sudden claims that I was a “Known full-blown drug addict” and “the babys addicted!” the DCF supervisor directed over... View More

0 Answers | Asked in Family Law and Child Custody for Florida on
Q: A GAL in your case and one of the attorneys are a part of the same collaboration group, is that a conflict of interest?

The GAL is the owner and chair person for this group. She is the person who approves the people who can be member of this group. The GAL also has a history of always siding and writing reports in favor of the attorney's client. Just curious if its ethical for 2 members of the same firm/group... View More

2 Answers | 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

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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
PREMIUM
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.

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

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
PREMIUM
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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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.

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