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Florida Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: How can I obtain full parental rights for my baby in Florida, and can the father sue me for not allowing a DNA test?

I want to know how I can obtain full parental rights and responsibilities for my baby, removing them from the father. He legally acknowledged the baby, is on the birth certificate, and filed for child support, but no hearing has been set, and he hasn't provided any support. He insists on a DNA... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 10, 2025

If you have filed in court for child support, he c could easily ask the court to order the test.

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: How to respond to parenting plan change request after moving without court notification?

I have been served papers for a change in our parenting plan in Marion County. I have recently moved, but I continue to follow the current plan and spend time with my daughter. The mother has requested changes due to my move and other unspecified reasons. What should be my response to the requested... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 8, 2025

You should respond to the allegations with reasons why you oppose the changes requested. You are allowed to move so long as it does not disrupt the child's schedule or schooling. Your only legal obligation is to notify the other parent when you move of your new address. Speak with a local... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: I’m in a completely different county and I need help

I’m currently in treatment for mental health issues and my soon to be ex husband is trying to divorce me. My mother passed June 1st and I had a manic episode that led to me being baker-acted. I am now stable and med compliant Dcf was involved at one point but the case was dropped. I brought up my... View More

James L. Arrasmith
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answered on May 14, 2025

First, I want you to know that you’re not alone in this, and it’s okay to ask for help. You’ve been through a tremendous amount of pain—losing your mother, dealing with a mental health crisis, and facing a divorce. The fact that you’re stable now, following treatment, and speaking up says... View More

3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: How can I secure equal rights to my children if my relationship ends in Florida?

I have two children with the same woman, and we are not married. My name is on both birth certificates. Our relationship seems to be ending, and I want to ensure I have equal rights to our children if we split up. Currently, we have no formal visitation arrangements, but we live together and share... View More

Daniel A Bachert
Daniel A Bachert
answered on May 5, 2025

By being named on the birth certificate you are recognized under Florida Law as being a natural guardian of the children with the same parental rights and responsibilities as the mother. However, that just means that each of you as parents have the right to deny the other parent access to the... View More

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3 Answers | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: How do I transfer a child custody and support case from Colorado to Florida?

My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More

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

If you are in the process of Florida adopting the child support order then you are already doing what you need to. A parent cannot simply relinquish their rights to a child. The father will be responsible for child support until the child turns 18. Speak with a local family lawyer for more specific... View More

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0 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I reclaim custody and take my daughter back from my mom's guardianship?

I was in prison, and during this time, my mom obtained legal guardianship over my four-year-old daughter through a notarized agreement, dated until December 2025. The guardianship was meant for medical and school purposes. Now that I'm home, living with my parents, I want to leave and take my... View More

3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Seeking advice on sole custody application and parental rights termination in Florida.

I am considering applying for sole custody of my 9-year-old child. There are currently no existing custody or visitation court orders in place. My child's father has been absent for most of her life, having met her only twice and not initiating contact or visits. He pays child support through... View More

Veronica LaVerne Robinson
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answered on Apr 28, 2025

Thank you for your question. Based on what you described, you may have strong grounds to seek sole parental responsibility (what Florida calls "custody") because of the father's long absence. However, because there is an existing New York child support order, it’s important to... View More

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0 Answers | Asked in Child Custody and Family Law for Florida on
Q: How to regain custody of child after neglect charge and first hearing?

I am seeking advice on how to regain custody of my 6-year-old child after the first hearing, where I was charged with medical neglect. My daughter, a burn survivor who set herself on fire resulting in 20% of her body covered in third-degree burns, is experiencing mental and behavioral health issues... View More

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I start a custody petition in Florida after moving from California, with kids attending school here?

I was divorced in California, where we only had a temporary custody arrangement. I moved to Florida 3 years ago, and the mother of my children moved here 5-6 years ago. We have been sharing custody informally in Florida, with my oldest attending school for 5 years here. The mother now wants to move... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 23, 2025

Yes. Fiie a modification together with the California order. Be sure to file before she moves. As long as the children have lived in Florida for the past six months, the court in Florida has jurisdiction to decide what happens. Speak with a local family law attorney for more specific advice.

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0 Answers | Asked in Landlord - Tenant, Child Custody, Real Estate Law and Family Law for Florida on
Q: What are my rights to stay in an extended stay hotel when roommates want me out due to DCF inspection?

I have been living in an extended stay hotel in Florida for 2 months with two roommates, a married couple who have temporary custody of a child. The wife and child are at a different location, and they did not inform DCF (Department of Children and Families) about me living here. DCF will be... View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Florida on
Q: Looking for advice on 50/50 custody case in final stages, West Palm Beach, FL.

I'm looking for a family law attorney in West Palm Beach. My case, which I have managed with the help of a paralegal up to now, is at the mediation stage where we couldn't agree on a 50/50 custody arrangement. There are no court dates set, and there aren't any specific concerns... View More

Daniel A Bachert
Daniel A Bachert
answered on May 2, 2025

Based upon what you have stated it would seem to be time to prepare for final trial, the court must be advised that the action is ready for trial and a court date will be set. Expect that date to be somewhere in the next four to six months. If there is no agreement regarding time sharing or a... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Do I need to explain counseling reasons when sending the bill to the other parent for reimbursement in FL?

I have full custody of my child, who lives with me. There is no formal custody order, and the child's father is only involved through a court-ordered child support arrangement. According to this arrangement, he is responsible for reimbursing a percentage of unreimbursed medical expenses. My... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 20, 2025

Just send the bill. He can ask for an explanation but that doesn’t change his obligation to pay his share. Speak with a local family lawyer for more specific advice.

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3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is one parent's consent enough for minor child counseling in Florida?

In Florida, do you need consent from both parents to send a minor child under 13 to counseling, or is one parent's consent enough? The parents never married, do not live together, and there is no court order for custody. The child has been with the mother since birth, and the father, who is on... View More

Destardes Moore
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Destardes Moore
answered on Apr 18, 2025

In Florida, the Mother's consent for the minor child to receive counseling is sufficient. Some providers may seek to obtain consent from both parents; however, if the Father does not have parental responsibility, providing the counselor with the child support order designating the Mother with... View More

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2 Answers | Asked in Child Custody, Civil Litigation and Family Law for Florida on
Q: What can I do if the petitioner files a motion for custody change?

I have 74% custody of my child, and the petitioner, who has 26%, has filed a motion for a custody change. They believe they have reliable transportation and can work around the child's school schedule. However, the vehicle they refer to is not theirs, and their job is only available in the... View More

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

You need to Answer. Child support and timesharing are both modifiable until the child emancipates. You can present all of your reasons against the change in court ant eh judge will decide what is in the best interests of the child. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Can my 15-year-old refuse visitation with a noncustodial parent in Florida?

My 15-year-old daughter was ordered to have biweekly visitations with her noncustodial parent through a court order established in 2010. However, she has undergone therapy since 2021 due to highly volatile interactions, including threats and verbal abuse from the noncustodial parent aimed at both... View More

Destardes Moore
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Destardes Moore
answered on Apr 16, 2025

In Florida, a 15-year-old cannot unilaterally refuse court-ordered visitation, but the custodial parent can petition to modify the visitation order by demonstrating substantial changes in circumstances and showing that the current arrangement endangers the child's mental or emotional health.... View More

1 Answer | Asked in Child Custody, Appeals / Appellate Law and Family Law for Florida on
Q: How to object to a ruling when evidence wasn't considered in a parenting plan move case?

I relocated from Florida to Georgia with my child's other parent's consent, given via text message. However, during a recent court hearing regarding our parenting plan, my agreement wasn't recognized, and the magistrate ruled against me, claiming I didn't inform him of the move.... View More

James L. Arrasmith
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answered on Apr 13, 2025

To object to the ruling, you’ll first want to file a motion to reconsider or a motion for a new hearing with the court. In your motion, clearly explain that you have evidence, such as text messages, showing that the other parent consented to the move. Emphasize that this evidence was not... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Oppose motion for emergency hearing over relocation and parenting plan compliance.

I want to oppose a motion for emergency expedited hearing filed by my children's father, who claims I am attempting to remove the children from the county and have violated our parenting plan. I informed him of my relationship according to our plan (no introduction of significant others before... View More

James L. Arrasmith
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answered on Apr 13, 2025

To oppose the motion for an emergency hearing, you will need to focus on the facts that demonstrate you have complied with the parenting plan and acted in good faith. Begin by outlining that you followed the required 48-hour notice for introducing a significant other, which you communicated clearly... View More

2 Answers | Asked in Child Custody, Family Law and Domestic Violence for Florida on
Q: What motion should I file for emergency custody due to safety concerns in shared arrangement?

I currently have a shared custody arrangement with my child's father, where our son spends two weeks with each parent. Recently, DCF visited my son to inquire about his father and his father's girlfriend. There was an incident where the girlfriend cut herself, and it's unclear if it... View More

Vanette Augustin
Vanette Augustin
answered on Apr 10, 2025

At this point, I do not think you have enough information to proceed. You need to contact DCF for more information. its possible there could be another explanation why the girlfriend cut herself. A judge will want to know that to determine if the child is in danger.

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: What motion to file for emergency custody due to safety concerns?

What motion should I file for an emergency custody situation? I have shared custody of my son with his father, where my son stays with each of us for two weeks alternately. Recently, the father's girlfriend was hospitalized after cutting herself, though it's unclear if this was a suicide... View More

James L. Arrasmith
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answered on Apr 13, 2025

In an emergency situation like this, you can file a motion for emergency custody with the court to temporarily change your son’s living arrangements. This motion is typically filed when you believe that your child’s safety or well-being is at risk, such as in cases involving domestic violence... View More

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Are studio apartment living arrangements adequate for teens in FL custody?

My ex-husband has a studio apartment where our son (14 years old) and daughter (17 years old) stay during weekends and time off from school. We have a 50/50 custody arrangement, but I'm concerned about the adequacy of space and privacy for the children, as they have expressed a desire for... View More

Daniel A Bachert
Daniel A Bachert
answered on Apr 10, 2025

While it may not be the best of living arrangements there is nothing illegal about it as Florida law would only require that the children have a safe and secure residence in which to reside.

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