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Florida Child Custody Questions & Answers
0 Answers | Asked in Family Law and Child Custody for Florida on
Q: How do you measure the 50 mile rule?

My boyfriend and I are looking to relocate to a different city. The area we are looking in is about 60 miles from the child’s primary residence. He has primary custody of the child. He has 5 days she has 2. How do we accurately measure the 50 mile rule? If it is under 50 miles, do we still need... View More

0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: My son ran away from his dad today after he picked him up from work with 2cops saying he has no choice but to go.

My 16yr was going to take a bus to Louisiana because he didn’t want to get me thrown in jail. His dad said I would go to prison his 1/2 brother in foster care and him in bordering school if he didn’t go with him. He took his ID and credit cards (mine) while he slept on drive there. I got my son... View More

0 Answers | Asked in Child Custody for Florida on
Q: What are my rights for custody of my grandson that I have raised since he was 2 days old.

My daughter gave birth in jail then went to prison for 6 1/2 years I raised my grandson since he was 2 days old he is now 11 and a half. she moved to fr myeers fl and left him with me she has always threatened to come get him for the last 5 years. I filed emergency custody in 7/2023 the judge said... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my ex wife move from her residence taking our daughter without telling me?

I do not believe she moved out of state . I do not know where they are, I've asked to see our daughter but they come up with an excuse for me not to show up at the residence. They don't know that I know they moved. They keep lying to me. The ex wife has our daughter lying to me about where they are.

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

According to Florida statutes, a parent cannot relocate more than 50 miles from their current residence for more than 60 consecutive days without the consent of the other parent or a court order. This applies to moves within the state as well as out of state. For the parent wishing to move, there... View More

0 Answers | Asked in Child Custody and Family Law for Florida on
Q: my girlfriend lives in florida, her child and the father the of child primary residence is currently in south carolina,

how can joint custody be established in a manner that provides equal time with each parent? that wont have to involve expensive trials

0 Answers | Asked in Child Custody and Family Law for Florida on
Q: Judge has been ignoring my motion. How do I get my Motion heard and terminate, temporary custody order?

In February 2024, I was granted a final judgment with 100% times sharing and decision making authority. In April 2024 I found out my child’s mother was trying to file a lawsuit in my sons name I went to that lawyer office And showed proof she does not have authority to sign any papers in our sons... View More

0 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Florida on
Q: If dcf in florida filed for a ch 39 injunction but closed an open investigation.

If Dcf filed an injunction but didn't put the correct description of the individual, when in fact the name and description of an individual actually was in the county booking summary, (so like 2 ppl with the same name, totally different description) how does that work with a violation of an... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can I request temporary physical custody during emergency verified motion for child pick up order hearing?

Currently have physical custody of minor child which was obtained before the Notice of Hearing Before Magistrate.

Destardes Moore
PREMIUM
Destardes Moore
answered on Jun 24, 2024

Additional facts are needed. However, if there is an existing court order, it should specify who has majority timesharing. If no order is in place, the Judge will determine which parent will maintain temporary majority timesharing. Any request for temporary majority timesharing should be included... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: If you father a child with a married woman, who has been separated from said husband for years, what rights do you have?

The one who fathered the child has financially helped the Mother and child since birth. He has been getting her alternate weekends and a few hours every Tuesday and Thursday since she has been able to walk. She is mad at the father at the present and is withholding the child.

Rand Scott Lieber
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answered on Jun 17, 2024

Legally, the man that the woman was married to at the time of the birth is the "legal father." This can be changed but you must take the mother to court on a paternity/ disestablishment of paternity case. You will need to include the man that she is/was married to in the lawsuit. Speak... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: In Florida, how likely would it be that an absent father would get custody and / or visitation? I need some legal advice

Sons dad resides in NY. My son & I reside in FL (son was born here) Sons dad has accused me of parental alienation since the birth of our child. He has always had a phone # to contact me & address. Ex has seen our 8 y/o son twice since he was born in 2015. I brought our son to NY in 2019... View More

Rand Scott Lieber
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answered on Jun 16, 2024

The legal standard in Florida is what is in the best interest of the child. If a parent has been absent for an extended period the court is not going to thrust them together. Reunification is possible but can be a lengthy process. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody for Florida on
Q: what can do if i was ordered time sharing and the o/party has not completed steps to begin time sharing in over 6 months

court ordered time sharing temporarily for 6 months , but other party has not completed steps for orientation thus meaning i haven't seen the child in the time that was ordered ( 6 months ) , made by the judge , its been over 6 months and the other party has not followed steps to begin the... View More

Rand Scott Lieber
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answered on Jun 16, 2024

If the other party is not doing what they are supposed to do then you need to return to court and ask the judge for help. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Do I have to follow me and my exs time sharing agreement even though she doesn't live in her documented state?

I have a time sharing custudy agreement. I also have residential custody of my son that is based out of his mother living in Pennsylvania but she hasn't lived there in years and now resides on the east coast of Florida. Nothing has been changed in the courts on her end. I also live in... View More

Rand Scott Lieber
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answered on Jun 16, 2024

Both of you are bound by whatever it says in your parenting plan. If you want to change the plan then you need to go back to court for a modification. As long as you are both following the parenting plan you can each live wherever you choose. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Am I required to meet my live in boyfriends ex girlfriend with whom they share a child?

My boyfriend has residential custody of his son for the past 10yrs. Ex gf is now suing for custody & noted that my boyfriend refuses to let her meet me, this is false. Am I required by law to meet her? We live together but I have no desire to meet her as she has showed up uninvited and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 11, 2024

No, you are not required to meet her. But your refusal to do so might adversely affect your boyfriend's custody case.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What would be the next thing to do while waiting on pending information from hearing on petitioner modification filed.

I have a custody case now open and the father of the child will not abide by the court orders as far as parenting plan given from different state. Case was thrown out because of jurisdiction and is now open here in state of FL. What is the next steps so I can get 50/50 here in FL as the case is at... View More

Rand Scott Lieber
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answered on Jun 6, 2024

You are always able to request a case management conference (status conference) with the judge. Look online for your judge's division procedures and there should be instructions for scheduling. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I am currently still married to my daughter’s father we have been separated for four years. We have no custody agreement

My daughter lives with me and sees her father every other weekend and he has never paid child support. I want to move to Alabama so my daughter can grow up with her cousins since we have no family here. Getting a job wouldn’t be an issue and we could stay with family until finding a place to... View More

Rand Scott Lieber
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answered on Jun 5, 2024

If you are still married then you both have equal rights over the child. Technically you can move without his permission; however, if he goes to the court you could be ordered to return. The better path is to either reach an agreement with him or go to court with a divorce/ relocation case. Speak... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: My wife has 2 children from a previous marriage. We want to move to Orlando. Her ex doesn't work and pays for none of

The kids Insurance or extracurricular activities. My family, her family, and even his family live in the Orlando area. They have 50/50 time with the kids. We have no idea how he pays his bills as he hasn't worked In over a year. What do we have to do to force him to let us move.

Pamela J. Fero
Pamela J. Fero
answered on Jun 3, 2024

Try to talk with the kids' dad. Since you all have ties to Orlando, he might see the move as beneficial too. If he agrees, that's good! Just be sure to get that agreement in writing. If he’s not on board or things are a bit tricky, then you might need to petition the court for... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: My ex wife has an injunction against me. I am attending BIP and on probation. The injunction currently only allows for

Supervised visitation of my 2 year old son. When I complete BIP and get off probation, Does that qualify as a change of circumstance and allow me to modify the injunction to request unsupervised custody of my son at my home? No family case at the moment. We are still married. Divorce has not been... View More

Rand Scott Lieber
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answered on May 31, 2024

You can always file a motion to modify the conditions of the injunction. You do not mention if there is also a family case. You may be able to modify sooner than the end of your program and probation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Does my son's father have to have custody to enroll him in school in TN and to take him to Dr visits
Rand Scott Lieber
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answered on May 31, 2024

In Florida, assuming that you are not married, it is the mother who starts with all custodial rights. Once you go to court for a paternity case then through shared parental responsibility both parents can make decisions as long as they are in agreement. If you are in agreement with the... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I was just awarded sole custody of my son (17 months old) - do I need father’s permission to obtain a passport for him?
Rand Scott Lieber
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answered on May 27, 2024

You need to read the court order that awarded you custody. It may or may not allow you to obtain a passport without the other parent's consent. If it does not then you must either have the other parent sign the appropriate form or get a court order that gives you authority. Speak with a local... View More

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