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Florida Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I have 50/50 custody of my son and would like to travel, but mother saying we can't.

We have a official court parenting agreement that has verbiage that says no parent should impede. She is using the excuse of covid. can I override that?

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 1, 2022

You are allowed to travel during your timesharing unless the parenting plan says otherwise. If you cannot agree and you need something from the other parent then your recourse is to go to court.

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Florida on
Q: How much jail time can a first time offender receive if charged and convicted?

My ex just walked up into my home put his hands on me,, then proceeded to drag my daughter from her room. He was arrested and charged with burglary of an occupied dwelling with assault and battery, a first degree felony, he took off with my phone, so he was charged with petty theft and also charged... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 26, 2022

Burglary of a dwelling with an assault is punishable by life imprisonment. That’s the maximum potential sentence. This burglary charge would “drive” the sentencing. Also, this burglary is a violent crime of special concern. As the victim you should consult with the prosecutor and/or victim... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Ok so I was in rehab and appointed my aunt temporary power of attorney over my 3 kids. And right before Christmas

Dropped my oldest daughter off with the biological father without my consent and never picked her up, now here's the thing when I had her. I was married and my husband is on her birth certificate so does the biological father have any rights? I have full custody of my kids I had an original... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 26, 2022

As I understand what you have written, the child was born to you while you were married to your late husband. Without your permission, your aunt left the child with her biological father. If he doesn't have a court order determining that he is the father, the law presumes that your... View More

1 Answer | Asked in Child Custody for Florida on
Q: If i have to move out of Florida where my daughter resides and my ex husband has primary custody what should i do

Fight for full or sign over rights like he wants

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 23, 2022

Rather than custody, think about it as timesharing. Just because you move away does not automatically mean that you get no time with the child. What you need is a long distance parenting plan that specifies when each parent has time with the child. One common arrangement when a parent moves away is... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Timeshare question related to child custody in Florida

I currently have a temporary court order while we wait for a final trial. The judge laid out Thanksgiving and XMAS, but left out Spring Break. The mother had Spring Break last year and I have it this year. (Yes, we've been waiting almost 2 years for a final hearing).

The issue at hand... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 23, 2022

At this point you should follow the court order, meaning that you have three weeks in a row. In your final parenting plan, either court ordered or agreed to, you can include a clause that addresses a situation like this. There is no "standard" plan as every situation is different.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Can someone in the care of an unrelated child for 2 years sue when biological parent returns to claim the child?

My child has been staying with an unrelated caregiver for a couple of years now. I wish to go pick the child up. No court documents have been filed and everything is still in my name. Can the person caring for the child retaliate in some way even though they have no legal rights to the child?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 14, 2022

This is a complicated legal issue that you should discuss directly with a local family/ adoption attorney. If they are living in a different state then that other state's laws may apply as well.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How can I get primary physical custody rights?

My son has been living with his father since 2 and he's 6 now . I'm moving from FL to NC in April .

Michael Ferrin
Michael Ferrin
answered on Feb 14, 2022

We need alot more information to answer your question such as....what city and state does the father reside in? What has been the timesharing thus far?

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Florida on
Q: Did my lawyer have conflict of interest against my x who stated in court that they have been good friends last 10 yrs?

We went to court twice. My lawyer called my x into the hall to talk before he even acknowledged me both times. Permanent DVI hearing, my lawyer has nothing of mine to present to the judge. No pics of all the bruises, no police rpts, nothing. My Permanent DVI was denied. CPS requested emergency... View More

Michael Ferrin
Michael Ferrin
answered on Mar 13, 2022

The Florida Bar has an ethics hotline that you can contact anonymously and ask if there was a conflict of interest. Just google Florida Bar Ethics Hotline and you should be able to find it.

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: I’m married to a narcissistic, bipolar man who has emotionally broken me down. How can I get full custody of our 4 yo

I’m afraid of leaving/divorcing because there’s no way I trust him to have custody of our child. I know what he’s like with his own 2 and I’m looking out for my child’s best interest. There are is no legal involvement at all

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 10, 2022

Unfortunately, with the exception of the possibility that your abusive spouse either has an epiphany or goes to prison or you divorce him, there is no lawful way for you to "get full custody" of his child.

1 Answer | Asked in Child Custody for Florida on
Q: If 2 parties agree to wait 9 months before introducing their children to someone new, should they put it writing?

Can it be notarized?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 10, 2022

Yes you can put something like this in writing. However, it is nearly impossible to enforce. The reality is that you will both be on the honor system.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Ok. So what if the same DCF worker/investigator and her supervisor both no longer work there what am I supposed to do
Michael  Mayoral
Michael Mayoral
answered on Feb 10, 2022

Contact their office, provide the relevant case number, and ask who is in charge of handling the matter now. They should just appoint a new DCF worker and supervisor to handle it.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: I need legal advice on custody and what to do against an abuser

I moved from the state of NY with my 4 month old to FL to live with my parents. I ran away from an abusive relationship and needed to leave. I change Babies pediatrician and transferred all our benefits and address. My ex is a drug abuser, mentally and physically abusive and I never called the cops... View More

Michael Ferrin
Michael Ferrin
answered on Feb 14, 2022

In order to do anything here in Florida regarding custody, you need to have resided in Florida for at least 6 months with your child. Based on your details, it appears that NY currently has jurisdiction until you have met the residency requirements in Florida. Once you have met the residency... View More

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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: My husband was removed from home for domestic violence, when we divorce can i get full custody with him visitation?

I want to know if i can get full custody with supervised visitation since he’s unpredictable and I don’t trust he wont lose it on our son.

Michael Ferrin
Michael Ferrin
answered on Feb 3, 2022

In the over 14 years that I have been practicing family law I have seen many cases involving domestic violence. Generally, the Court rarely orders supervised timesharing even in cases involving domestic violence. When determining timesharing when domestic violence is involved, the court will... View More

2 Answers | Asked in Child Custody for Florida on
Q: How do we make changes to a prenting plan through the courts, uncontested?

My ex-husband plans to move more than 5 hours away and he agrees to give me 90% custody of our daughter with arrangements for visits on alternating holidays and long weekends. We have worked out the increase in child support and other financial arrangements to put into affect.

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 28, 2022

You can put your agreement in writing, both sign it, perhaps with witnesses or a notary, and then file it with the court. You may want to file a new parenting plan that reflects the revisions. While it is not required, I recommend that you meet with a local family lawyer for a consultation or just... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Dad to oldest daughter is intentionally keeping her from speaking to me or letting her visit. What can I do?

My ex and I have raised my daughter for the last nine years. Her dad hasn't had anything to do with her unless he was trying to get a girlfriend then he wanted to play father of the year. At first we forced her to go with him when he wanted her but as she got older and actually understood that... View More

Pamela J. Fero
Pamela J. Fero
answered on Jan 31, 2022

I assume you have a signed agreement on custody and parenting plan. If so, not letting you see your daughter is already a violation to that. Consult with a local Family Law Attorney to help you file child custody modification to get her back and protect her from him (as you said, he had history... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What if there was an open dcf investigation but as far as the person is aware no court hearings or anything? What then?

I have been fully committed to the investigation that was open against me as far as I know there were not court hearings, no custody hearings nothing. I've searched online court records I've contacted DCF for the paperwork they have and still no paperwork except for the investigation... View More

Michael Ferrin
Michael Ferrin
answered on Feb 9, 2022

Stay in contact with the case worker or investigator that was working on your case. If DCF does anything through the court it is done in a Dependency Action and you would not be able to find the information on the clerks website as these cases are confidential. If you wanted to get information on a... View More

1 Answer | Asked in Child Custody for Florida on
Q: I have a question about custody

im married and we have two children together. we moved tomflorida in 2020 but he decided to have a double life with someone else in PA and we are no longer together. I want full custody of my kids. is that possible? I dont even want him with visitation because he smokes marijuana, has no job, and... View More

Michael Ferrin
Michael Ferrin
answered on Feb 3, 2022

I would recommend you take a look at Florida Statute 61.13 which contains the factors the court considers when determining timesharing. It is rare for a court to order someone to have sole custody or sole parental responsibility unless the facts of the case warrant it. Usually in order to obtain... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I sue Department of Children and Families for lying about me on an investigation report?

Not only that but also closing my case without notifying me that it had been closed? How do I go about in even starting to get my kids back?

Matthew J Ausley
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Matthew J Ausley
answered on Jan 27, 2022

Anybody can sue anybody at any time. Whether that would result in anything positive for you is a very different question. From the information you have shared, it doesn't sound like you will get what you want by trying to sue DCF. But set a consultation with an attorney if you are committed to... View More

1 Answer | Asked in Child Custody for Florida on
Q: If I had my child out of state with no communication from the father can I terminate his rights if I move back?

I moved from Florida to South Carolina to have my child in November since I had more support here, the father has not contacted me since 2 months after finding out I was pregnant. I have paid all medical bills and have not requested child support, but I'm worried if I decide to move back to... View More

Michael Ferrin
Michael Ferrin
answered on Feb 3, 2022

First and foremost, if your child is less than 6 months old and was born in South Carolina, and you are still located in South Carolina, then South Carolina would have jurisdiction over your case, not Florida. You may want to readdress your search to get information from a South Carolina Attorney.... View More

1 Answer | Asked in Child Custody for Florida on
Q: Mandatory Disclosures and Default in Child Support Modification FL

Do you need to file your mandatory disclosures in a modification of child support case where there is a default (no answer 20 days after service)? Thanks!

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 18, 2022

Technically you should file your financial affidavit and a certificate of compliance with mandatory disclosure. Since there is a default you do not have to provide the documents.

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