Get free answers to your Child Custody legal questions from lawyers in your area.
From my understand following the rule Fla. Fam. L. R. P. 12.490(f), states she must provide me a copy of the transcript within 48hrs before court I can see she filed for it .After the motion to vacate, I have yet to receive a transcript. Does she have to serve me copies with some kind of proof?... View More 
Custody and Support:
We’ve agreed on 50/50 custody of our 14-year-old son, with him living with me during the week and alternating weekends. My husband offered $150/week in child support directly to our son and will cover health insurance and extracurriculars. Is this acceptable?... View More
answered on Jan 20, 2025
While the timesharing arrangement proposed appears to be in your best interest, a critical review of the financial distribution plan is essential. At this juncture, it's impossible to ascertain whether the proposed financial settlement is equitable. A complete and transparent disclosure of all... View More
Can I relocate if I wanted to? Do I have to file a petition to relocate? Do I or should I file for custody?
answered on Jan 16, 2025
Unless you have been to court, even for child support, you are in control as the mother. You can move wherever you like; however, if the father has been exercising timesharing, he may go to court to try and make you stay. Speak with a local family lawyer for more specific advice.
I have been given some direction as to go about adjusting a time share agreement in an agreed change of custody. I understand what was explained to me however after reading the forms I need to file, I wonder do I need to file 2 forms? As the oldest child that is now living with dad and we want to... View More
answered on Jan 15, 2025
You can use one form for both children. Just add additional lines as needed to describe the two timesharing plans. Speak with a local family lawyer for more specific advice.
Hello I have a question about a situation about my daughter enrollment for school. I am a primary caregiver. Her dad has her twice a week. I am trying to cooperate and trying to figure out a agreement for a school I tried to discuss halfway in between me and his house, and he is trying to say that... View More
answered on Jan 9, 2025
You do not mention if you have been to court or not. If you have a parenting plan then you need to follow what it says. If you do not then you may need to go to court to settle this disagreement. Based on the facts contained in your question you can enroll the child in a school near your house. If... View More
He threatens me all the time saying he will take our kids away from me. Is it possible? And would I be able to move out of state with the kids even if he won't let me? Since my family and help for me is in another state
answered on Dec 28, 2024
In Florida, unless you have already been to court the mother starts out with control of the children. It is possible for one parent to go to court to establish or modify timesharing (custody) but the end result will be a schedule of sharing time. It is rare for children to be "taken away"... View More
I am a father, my daughter was born in cuba, i came to the us 2 years ago and i am a permanent resident. my daughters mother brought my daughter crossing border which i didnt agree with as it is very dangerous for a 9 year old. recently her mother doesn’t let her come spend the weekend with me, i... View More
answered on Dec 27, 2024
It sounds like you need to file a paternity case to protect your rights as the father. You may also have immigration issues. Speak with a local family and/or immigration lawyer for more specific advice.
Father and child lives in the US and ex lives in Canada. Ex filed the divorce back in 2018 in Canada but since the child is living with father, Canadian court proceeded with divorce only as they do not have the jurisdiction over the child. She does not pay for a dime or child support as directed by... View More
answered on Dec 27, 2024
If you have or can get a certified copy of the Canadian divorce decree you can domesticate it (file with your local court and ask them to recognize it). Depending on the exact language regarding the child you may need to file a motion as well asking for sole parental responsibility and authority to... View More
We filled for divorce 2 years ago in NJ. My wife moved to FL 1.5 years ago, although there is no written agreement to allow this. I now also live in FL. Do we have to move the case to FL? Is FL a better state for me from a child support perspective or is NJ?
answered on Dec 17, 2024
If the child has been living in Florida for more than six months then NJ will probably not accept jurisdiction anymore, meaning that they may divorce you but they will not address children's issues because the child does not live there anymore. I cannot advise you on NJ child support law.... View More
I gave my mother temporary guardianship so they wouldn't end up in the state. Now my mother is not properly taking care of them but I'm homeless and have been trying to get a job what can I do legally to get help and get my kids back in my custody I don't want my kids suffering or... View More
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answered on Dec 11, 2024
I hear how much you care about your children and want to improve their situation. This is clearly a difficult and emotional challenge you're facing, but there are resources and steps you can take to work toward regaining custody.
Your first priority should be to secure stable housing... View More
He owns his own home and is a business owner. He loves my child as it’s his own. I’m living in a house right now that was flooded during a hurricane and it’s a current construction zone. I’d love to move in with him so my child can be safe and have a family environment. Am I able too while... View More
answered on Dec 6, 2024
The court will always look at the best interests of the child. As long as you are doing what is best for your child (as opposed to what is best for you) then you should be alright. Just be prepared to explain the the court why you moved and how it was better for the child. Speak with a local family... View More
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.
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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
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
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.
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