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Florida Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I ask a court to modify a already existing parenting plan
Pamela J. Fero
Pamela J. Fero
answered on Aug 11, 2022

If both you and the other parent agree to the modification, you can speak with your respective lawyers and have them draft a new parenting plan that you can submit to the judge for approval.

If the other parent disagrees, you can file a petition for modification. You must convince the court...
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1 Answer | Asked in Child Custody for Florida on
Q: Father asking court for more time after custody being established?

Do I have to give him any extra time on visitation?

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 9, 2022

The standard in court is always what is in the best interests of the child. He will also need to show what has changed since the original agreement to support his request for more time. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Q: Hello can not afford a lawyer, He lives in New York and I live i live in Florida. How can I get divorced for free?

We have been separated not legally for about 10 years but i can afford a divorce. He can afford it but he has not filed for one. I have a pending child support order. I want to get divorced.

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 25, 2022

Contact your local legal aid society to see if you qualify for free legal help. You can also try your local bar association to see if they offer pro bono (free) services.

Good luck!

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Florida on
Q: Im pretty sure the documents are through the court originally. When the mother got a few years sentence.

The court ordered DNA when she wanted child support money. He is still not on birth certificate, but now 13 years later and his sentence is 40 years. His half sister found him in prison when their father died. Didn't even know of each other. Now she has hired him a lawyer in prison and he... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 21, 2022

If the father is in prison for 40 years then I am not sure that I understand your concern. Please speak to a local family lawyer that specializes in dependency for more specific advice.

1 Answer | Asked in Adoption and Child Custody for Florida on
Q: Hello, my husband and i were given legal guardianship. It is only notarized. How do i know if it is through the court?

The biological mother was in and out of jail throughout the minor childs life. The grandparents were given guardianship, since then the mother has passed , the minor child has lived with us 5 years now. Her parental father has been incarcerated her whole life. He got over a 40 year sentence. Now he... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 21, 2022

You need to look at whatever documents gave you guardianship. This is a specialized area of law. You should look for a consultation with a local attorney that does dependency. In general, the legal standard that the court follows is what is in the best interests of the child. It sounds like you are... View More

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If my mother has had temporary custody of my kids for the past 6 years, can she move without telling me where?

What can I do to find out what my rights are as the mother?

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 21, 2022

Step one is to look at the court order that gave your mother custody. That document should spell out your rights regarding the children and what you need to do, if anything, to have custody returned to you. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: How to approach a divorce with wife when she has walked out on me and our kids won't hardly even speak to children

Has taken most of belongs from home. Has vehicle at know drug house and tag in my name. And says car has been towed. Lied to issue a temporary injunction on me. Is clearly on drugs. And a lot more that has happened

Pamela J. Fero
Pamela J. Fero
answered on Jul 18, 2022

Can you locate your wife or not?

You can file for divorce by publication if you have exhausted all efforts to locate your wife. You must prove that you made genuine efforts to locate your wife but turned to be fruitless. Prepare a dissolution of marriage notice for publication and get it...
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2 Answers | Asked in Child Custody, Divorce, DUI / DWI and Family Law for Florida on
Q: Can a dui affect my case in a child custody battle during my divorce?

I was charged with a DUI offense in November of 2020. I had 2 minors in the car, which caused me to be charged with child endangerment. That charge was dropped because this was my first offense. I didn't have to serve any jail time, I did have my licensee suspended. I did my community service... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 12, 2022

Because the DUI involved minors in the car you will definitely have to convince the court that drinking is not a problem for you. Hopefully it was an isolated incident. It will not matter that the charge was dropped. The legal standard is what is in the best interests of the child. You can also... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Cancel Notice of Proceeding to Establish Administrative Support Order forms received from Florida Department of Revenue?

So my wife and I have been separated for two or so years. We still had a great relationship, just had to take care of our own issues before we would give the marriage another chance. The three children we have were living with her full time, but I also had them a decent amount of time as well. We... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 7, 2022

Your wife needs to notify the child support enforcement agency that you are together. This inquiry was probably triggered by the snap benefits.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can my 12 year old daughter decide to live with me the mother rather than her grandmother the father's mother?

We went to court and he got primary custody because it was in the middle of school year he now left to work out of state and left her with his mother to live .his wife did not want for her to stay in their home. My daughter does not want to be with grandmother and the school year is about to start... View More

Pamela J. Fero
Pamela J. Fero
answered on Jun 30, 2022

You can file a petition for modification as long as you prove it's for the child's best interest to live with you. Act the soonest.

3 Answers | Asked in Child Custody and Family Law for Florida on
Q: What if my ex has full physical custody of our 16 year old son but now is trying to force me to take him?

My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I... View More

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

Sure, you can file a motion for contempt/enforcement. On the other hand, it might be beneficial to consider filing a modification action and pick up some child support along the way. Support should be retroactive to the date she stopped exercising access. Talk to an experienced family law attorney.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I'm representing myself and need to know how to ask for Production of documents and request for admission.

I have a few documents I need from my ex, and 12 questions I want him to answer. In my county we have a printable interrogatories paper, but nothing for the other 2. Not sure how to ask for them, or if there is anything special I have to do. Can I just email my request to his lawyer, or do I have... View More

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

It’s a really bad idea to represent yourself. The first place you need to look is... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I am pro se in a child custody case, I don't know what paperwork I need to fill out as I am up against an actual lawyer.

Though I am getting my paralegal degree, I haven't reached family law and I'm scared I am going to lose my case and be placed on child support, and even lose my rights to my daughter. I am reaching out because I need help I'm just a full-time paralegal student mom and cashier who is... View More

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

You should go to the family law forms website and almost everything is there.

https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms?parentId=669505&sort=form/number%20asc,%20form/date%20desc&view=embed_custom&searchtype=form&limit=50&query=&offset=0

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What controls can I place on a12-year-olds' cell phone given to him by his non-custodial mother?

My son has a smartphone that his mother gave to him without discussion with me. The phone has a lock code that his mother will not share with me and she has instructed the child to not share it with me. Our parenting agreement has no mention of cell phones to guide us. I have parental controls on... View More

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

This is a shared parenting issue and may possibly be addressed in your parenting plan under communications. If not it is still a shared parenting issue . You should consult with a qualified attorney to discuss the situation and give a good analysis as to how to proceed forward

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: I need to know what to do to get my child back in my life back in my custody
Pamela J. Fero
Pamela J. Fero
answered on Jun 24, 2022

Contact a family lawyer to know if you can request for a child custody re-evaluation. You will need to proof that getting your child back is in his/her best interest.

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1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: I need some answers on how I can get my child back. My child was taken because of domestic violence

My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I’m not sure if the injunction was a civil one, a DCF injunction or a criminal no contact order. It may be a combination of things. In any event, you need to file an action for dissolution of marriage or a paternity action. I would strongly suggest that you hire a qualified family law attorney to... View More

3 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: What sleeping arrangements does he need to provide for my daughter when she stays with them? My daughter is 8.

Good afternoon, my ex husband and I are divorced. We have a daughter together and she spends every other weekend at his house. He has a relationship with a woman that has three kids and all three kids sleep in the same room because she lives in a two bedroom house. Now he is planning on moving in... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 20, 2022

The court standard is always "best interests of the child." He does not have to provide a separate room for your daughter at his house. He does need to provide a room that is safe and appropriate for the child. You knowing the other children is not relevant to the court unless they are... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Will a Florida Judge order my 13 year old daughter to be returned to her grandmother that lives in a retirement home?

My mother has custody however my mother surrendered my daughter to me in 2018 and decided to cut ties with us. she came back into our lives in 2020 only to create more problems for me. Now in nasty custody battle and we have a hearing for next week to see if my daughter would be returned to her... View More

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I really need more background on the case to get an understanding of the nature of the claims being made and the procedural history of that matter. Courts are almost always going to recognize the superiority of a parent over a non-parent. That being said, there are situations such as abuse ,... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have permanent guardianship of a minor child in. I want to give guardianship to a sibling in Florida.

What forms and what state do I file?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2022

The you would file in the court which originally awarded you guardianship. It is doubtful that the court has forms for that; you need to consult with an attorney licensed to practice law in that state.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Which post-divorce motion or form shall I file in order to obtain a court order for my sons passport renewal & travel ?

Greetings,

My name is Linda. I am divorced and am living with my 5 years old son. The divorce occurred outside USA, in Albania and the Albanian Court granted me the custody of my son for raise and education. Both myself and my son are Americans, but my ex-husband, the father of my son is... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 13, 2022

You can try applying for the passport renewal without the other parent's consent first. There is an exception when the other parent cannot be found. Otherwise you will need to "domesticate" your foreign final judgment and then file a motion for the passport issuance. Speak with a... View More

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