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Florida Child Custody Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Husband wants to adopt my child whose biological father is no where to be found. What can I do?

Living in Florida. I have a child that is not my ex husband's, but the child has his name by default ( as he did not physically sign the birth certificate) been divorced since the child's birth...and we've been out of communication ever since. Fast foward 10yrs, my now husband wants... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Oct 11, 2022

Florida’s adoption law requires that the consent of both parents be given before a court can make an adoption final.

If one parent does not consent to the adoption, the court will only make the adoption final if it finds that:

✅ The non-consenting parent is unfit

There...
Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Timesharing plan never made legal with court and the mom won't follow through and set a court date been a year now

We were never married and she just moved out last month. She wont set a mediation or court date and its been over a year and im stuck in limbo. They say I can't do anything because she was the petitioner. Can I just have her plan thrown out and started over with a new petition by me or what... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Oct 6, 2022

To ensure your child's safety and well-being, you must establish a timesharing plan with the court. You should consult with a family lawyer to determine the best way to proceed with your case.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If a child has been living with grandparents, but there is no legal custody arrangement, can grandparent deny the mother

If there has been no court ordered custody or guardianship arrangement, Can a grandparent, who has been caring for a child for an extended period of time, deny the mother the ability to take the child back? And can they make rules denying the parent from having the child stay with said parent... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Sep 26, 2022

If there is no court ordered custody arrangement, there is no reason the grandparents keep the child from you, unless there are proofs you are unfit to care for the child and they appeal for custody for the child. Speak to lawyer to know how best to proceed with your case.

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1 Answer | Asked in Family Law, Child Custody and Military Law for Florida on
Q: Will a POA suffice so I can take over my husband’s coparenting agreement while he is in school for his new assignment?

My husband, who is in the Air Force, is leaving for about five months to tech school to cross train to his new AFSC. There is a parenting agreement in place for my stepdaughter and right now we have her every other weekend (Friday - Monday). Will a military POA suffice so I can take over my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

The Judge was the ONLY person who established your husband's visitation rights, and the Judge is the only person who can answer this question. Do NOT rely on a "military POA." Ask the Judge.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My decree states 880 per month child support for 2 children. 1 child turns 18 soon. Decree doesn’t state 440 per child.

When my child turns 18, he has graduated HS, will my supposed now be 440 per month?

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

You should speak with a local family law attorney to recalculate your child support for one child. It does not automatically go to half and it could even be lower than half. More importantly, you want to record the change with the court so that you are protected if there is a dispute in the future... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My daughters father who had physical custody has passed away in Florida. Now I have my daughter

Our custody agreement is from Kentucky. I’m I required to transfer and change the agreement it in the courts in Florida?

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

If you are still the legal parent of the child and only shared the child with the father then why is an agreement needed at all? Besides a family lawyer you may need to speak to a probate lawyer (a lawyer that handles estates after someone dies). If you had your parental rights taken away that is a... Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence, Family Law and Landlord - Tenant for Florida on
Q: the father of my child moved me into his home a year ago. Can he kick me out even if i have nowhere to go with my kid?

he gave me 1 month to leave his house because I caught him cheating. It escalated where he put his hands on me in front of my child. I called the police and reported it. I don't have family around so I have nowhere to go right away. I haven't worked in 6 months, he's been paying all... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 10, 2022

No, he cannot just kick you out like a dog. If you have stayed there for longer than 30 days, then he has to take legal steps to evict you. If you are married then different rules apply. But if you are just a houseguest, then he first has to serve you a notice to vacate, and then he has to file an... Read more »

1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Rights for Florida on
Q: Can defac take a newborn without notifying you parents?
Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2022

Your question is too vague. I suggest you re-post with short description of what caused a newborn to be taken. And by "defac", do you mean DCF (Dept. of Children and Families)? And by "notifying you parents", do you mean notifying the parents of the child being taken away?

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I about a year ago I gave temporary custody of my daughter to my father she's 16 do I have to go to the courts to get he

I gave temporary custody of my daughter my 16 year old daughter to my dad until I could get my own place get a steady job staple job and get on my feet financially well I'm I'm financially okay now and I have my own home and I have a good job do I have to go through the courts my daughter... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 30, 2022

If a Judge gave your father temporary custody of your daughter, you will have to return to the same Judge to undo his Order. You might have visitation rights but that is NOT the same a custody.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is there a way to establish legal rules on paper but not through the whole process? Maybe like with a mediator or?

My daughters father and I are not married and have never been married. I moved to Florida from Georgia and don’t have money to switch my car and everything over to Florida. So I have an out of state license. My child’s dad always wants me to drive and bring her to him and we have disagreements... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 26, 2022

If yo have never been married then you as the mother have total control of the situation. If you have lived in Florida for more than six months then you can file for paternity here, with or without a drivers license. You just have to prove that you have lived here and plan to continue living here.... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son mom won't to get child but my son doesn't live with her and she not making sure he goes to school
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 24, 2022

If there is a court-ordered parenting plan in place, you can file a motion for modification. If the mother is proved unfit to take care of the child, the court may grant you more time or sole parental responsibility. Talk with a family lawyer to know how best to proceed.

1 Answer | Asked in Child Custody for Florida on
Q: I have majority custody of my kids. I got permission to move from FL to WV. Their father just moved from FL to SC.

He had agreed for us to relocate back to FL by Oct of this yr but moved to SC & now he’s saying I can not relocate the kids even though he already has an out of state parenting plan which he didn’t even keep them during his summer visit causing me to lose a good travel assignment. His... Read more »

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

The law in Florida is that you can only address children's issues if one or both of the parents (or the children) live in Florida. It sounds like no one lives in Florida anymore so you would need to go to court where you or the other parent lives. Should you move back to Florida and live here... Read more »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Q: I am 17, with my ged, form of income, and I live with my grandparents. I wanted to know if I could legally leave their-

care. My grandma has power of attorney over me. I live in florida and I dont know if I can but I really need to leave here.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 23, 2022

You can be legally emancipated by a court before the age of 18 if you can support yourself. You can show proof of sufficient income to cover your living expenses and daily necessities.

However, it is most practical if you sit with your legal guardians and obtain their permission.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son is scared to go to his dad. We have a court order, it is my sons dads today to have him.

My son told his dad he has a problem with the drinking at his dads, his dad told him there’s no drinking though. My son told him he doesn’t want to go to his house and his dad told him “to bad there’s a court order “

WE HAVE A PARENTING PLAN SORRY NOT A COURT ORDER.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 12, 2022

Do whatever it takes to encourage your child to maintain a relationship with his father. Inform your ex that his behavior affecting your son and try to work things out. If all efforts fail, consult with your attorney to determine the best way to proceed.

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 Esq.
PREMIUM
Pamela J. Fero Esq.
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...
Read more »

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... Read 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... Read 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... Read more »

1 Answer | 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?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 21, 2022

What does the order granting custody to your mom say as to her ability to move the children? Contact a custody lawyer in your jurisdiction to specifically discuss your concerns and case.

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