Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What rights do she have?

My daughter father and i have a 19 year old daughter. we separated in NY in 2003 a year afterour daughter was born. he moved to kansas with a lady he started dating. they have a child who is about 13 now. he was deported back to haiti in 2014. in the next two years he would of been able to do... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 12, 2022

To inquire about whether your daughter has a chance to get custody of her 13-year-old half-sister, you should ask this question in Justia > Ask a Lawyer > Kansas > Family Law; it has nothing to do with Florida law.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I pick my daughter up from her dad's and bring her home if he is refusing to return her home.?

We are legally married but have been separated and living in different states for 3+years(almost 4). He has seen his daughter 3 times since. He asked to have her for the summer. She has special disability and all of her specialists are down here. She also needs MRIs and other important appointments... View More

Pamela J. Fero
Pamela J. Fero
answered on Jun 9, 2022

Contact a family law attorney in your area as soon as possible. You may need to file an emergency Motion for Return of Minor Child.

2 Answers | Asked in Divorce and Child Custody for Florida on
Q: Rand Scott Lieber the answer to your question

He has primary custody per our divorce papers as the judge said we got a divorce in 2018 and that’s what it was decided then but Now ge wants full custody because he wants to take kids to another state. Yesterday he told me I was not allowed to pick them up because his lawyer advices him not too... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 8, 2022

What you are describing sounds like he has filed a Petition for Relocation. Whatever the most recent court order says regarding timesharing is what he has to follow. If the court order (parenting plan) says that you get the kids on day X then he must give you the kids on day X. If he is refusing... View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Im currently in a custody battle with my ex spouse he has primary custody of my 2 kids. Nothing has been granted yet by

The battle we have now is he wanting full custody instead of split because he wants to take the kids away from our divorce papers when we got a divorce are set to me having visitation rights every other weekend by court. my sons birthday is coming up and I got in contact with my kids father he told... View More

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

You are bound by whatever court orders are currently in place. You say that your spouse has "primary custody." Is that in a court order? If you want to see the children and there is no court order then you need to go to court for clarification. Speak with a local family lawyer for more... View More

View More Answers

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: I have a divorce case out of Texas back in 2020, but have resided in Florida with our child since 2019.

What state holds jurisdiction if I were wanting to modify the child custody arrangement?

Mr Eric Klein
Mr Eric Klein
answered on Jun 6, 2022

Florida.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: do i have any chance of getting custody?

my babymama and i have made plans for me to see my son but when they day comes she always come up with the excuse that hes sick. i send her whatever money i have to her for him and constently make plans on seeing him which she cancels day of. in the last two years ive only gotten to see him 5 times.

Deborah Annette Carroll
Deborah Annette Carroll
answered on Jun 2, 2022

If you haven't established paternity (assuming you are not married to your child's mother), you will need to file a petition to establish paternity, custody, timesharing and child support. After finding you to be the legal father, the Court will determine what is in the best interest of... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What can be done about a mother withholding children from their father prior to divorce/ parenting plan
Emily Konicek
Emily Konicek
answered on Jun 2, 2022

Depending on the county, you may be able to file a motion for contempt or motion for temporary relief. You should consult an attorney in your area.

1 Answer | Asked in Child Custody for Florida on
Q: How can I get full custody of my child with supervised visitation for the other parent ?

My son lives with me now full time, his father sees him about an hour or two a day. On his terms.

Rand Scott Lieber
Rand Scott Lieber
answered on May 31, 2022

You do not mention if there is a current court order on timesharing. If there is then you need to file a Motion for Modification. You will need to show the court that it is in the child's best interest to have the timesharing that you are suggesting. If there is no current court order then the... View More

1 Answer | Asked in Divorce and Child Custody for Florida on
Q: Can a person who has been sentenced to prison start a family after they're released? Domestic partners.

Furthermore, if they do start a family and are not abusive but live in the house and are not involved (In-house absent parent) would they have partial custodial rights to the children if the family divorced. My husband and I have been together for 18 years. I love him and we have a 9-year-old... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 25, 2022

Yes, of course a convicted felon can start a family.

But after reading your post several times, it appears that you are married, thinking about divorce, and are considering forming a live-in relationship with another man (the convicted felon, presumably). No, it is very unlikely that the...
View More

1 Answer | Asked in Child Custody for Florida on
Q: If the parents gave us custody 6 years of a child who is autistic, ODD, and ADHD . Will they automatically get him?

They can't afford him, have no room, and live with her mother. Mothers had CPS involved a few times with her kids. The house always smells like cat urine. They are in Va and we filed in Sumter county almost 7 years ago. I'm scared to lose him after he's blossomed so much with school,... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 22, 2022

You need to read carefully whatever document gave you "custody." If it is a court order then the court that issued the order would review any changes. If it is simply a document from the parents to you then the parents can probably "revoke" it at any time. If the the child has... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My parents are divorced and have dual custody over me, can I ask my dad if I could stay with my mom on certain days?

So I’m 16 years old and my parents are divorced with dual custody over me. I stay with my mom one week and same thing goes with my dad. I got hired at a place in my mom’s town, and since my dad lives 45 minutes away from there, I can imagine it’d cause some difficulties for him since I... View More

Mr Eric Klein
Mr Eric Klein
answered on May 20, 2022

I’m sorry to hear that you’ve been put in this position by the unfortunate circumstances of divorce. To answer your question, if you ask your dad permission to stay with your mom, he does have control over you as to where you will be staying during his court ordered time. If he says no, the... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can we create a parent plan without going to court in Florida?

Mother lives in Fla, father lives in Ga

Rand Scott Lieber
Rand Scott Lieber
answered on May 19, 2022

In general, jurisdiction of the court lies where either parent or the child lives. If you are in agreement then you can enter into a parenting plan without court intervention or involvement. I am assuming that the parents are not married so legally this would be a paternity matter. The issue that... View More

View More Answers

1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: I got a girl pregnant and since I don’t want to be with her she is taking military orders to Japan.

We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.

Rand Scott Lieber
Rand Scott Lieber
answered on May 19, 2022

In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I get custody as a father if the mother was arrested for domestic violence?

The mother and I have a verbal time sharing agreement nothing through the courts. We were never married. The mother was recently arrested for domestic abuse against myself. The baby is in my custody. The mother has a no contact order with me. Can I get custody of the child?

Rand Scott Lieber
Rand Scott Lieber
answered on May 17, 2022

You need to go to court on a paternity case to solidify your legal rights as the father. You have custody by default at this point but that could change unless you go to court on your own behalf. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody for Florida on
Q: My exs family has my daughter. When i went to pick her up i found out that they had temp custody of her that i didnt knw
Rand Scott Lieber
Rand Scott Lieber
answered on May 16, 2022

You need to go to the court that issued the order of temporary custody to assert whatever legal rights that you may have. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Is there a difference between having some legal and physical custody and terminating parental rights?

If I have sole legal and physical custody I would still have to file to terminate parental rights? Even if the father has abandoned the kids completely for a long period of time?

Rand Scott Lieber
Rand Scott Lieber
answered on May 16, 2022

Yes. Legal and physical custody (timesharing) comes with the partner legal obligation of child support. When parental rights are terminated there may no longer be a financial support obligation. This is an area where you should definitely speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Power of attorney over a minor child

If the parent who has the child in their custody realizes that they can no longer financially support her can I sign power of attorney over to the man who has been in her life the last 10 years and she knows as step dad or will she have to go to her biological father even though she does not want... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 13, 2022

It's worth a try. It's always possible that the biological father will ask that he be awarded custody, but that remains to be seen, doesn't it?

1 Answer | Asked in Child Custody for Florida on
Q: Is there any way I can get help with getting custody of my 15 month old daughter
Rand Scott Lieber
Rand Scott Lieber
answered on May 10, 2022

In Florida it is called timesharing (not custody) because it is the law that both parents should share time with a child. Assuming that you are not married you need to file a Petition for Paternity. The court will then order a timesharing schedule (parenting plan) that is in the best interests of... View More

1 Answer | Asked in Divorce, Child Custody and Immigration Law for Florida on
Q: I’m here from Haiti on a Visa and am awaiting on my green card document. I want to divorce my husband still in Haiti.

He still lives in Haiti and does not want the divorce because I’m the sole provider for us and our daughters and he doesn’t want to work.

Rand Scott Lieber
Rand Scott Lieber
answered on May 4, 2022

If you meet the residency requirements (lived in Florida for six months as your permanent home) then you can file for divorce in Florida. If the child is living in Florida then those issues will be addressed in Florida. If the child still lives in Haiti then Florida would not have jurisdiction to... View More

1 Answer | Asked in Child Custody for Florida on
Q: my childs father had primary custody but he has left my daughter to live woth him mom.can I just go get her.

About 3 years ago I moved to GA and me and my childs father did a signed agreement that my daughter would go between fl n GA and then he changed his mind I came back to fl and went to court and the judge decided that she should stay with him ok. So now his sister told me and so did my child that he... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 30, 2022

No, you can't "just go get her". He still has court-awarded primary custody. That he exercises that primary custody by leaving the child with his mother doesn't change that; it's like leaving a child with a baby-sitter while one is working.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.