Get free answers to your Child Custody legal questions from lawyers in your area.
I have a parenting plan with my ex where we share 50/50 custody. My ex recently informed me that he plans to move 3-4 hours away with our child, and I'm not comfortable with that decision. Our parenting plan doesn't mention relocation. What steps can I take legally to address this... View More 
answered on Mar 13, 2025
There is a law that prohibits relocation more than 50 miles, Statute 61.13001
Here is the link:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13001.html
Speak with a local family lawyer for more specific advice.
I live in Florida and am the primary caregiver for my child. My child's father, who signed the birth certificate, is requesting our child's birth certificate and social security card. We have no formal custody or visitation agreements, and he visits on Sundays. He hasn't provided a... View More
answered on Mar 11, 2025
If you have never been to court for paternity or child support then you have no obligation to provide documents to him. Speak with a local family lawyer for more specific advice.
I was ordered to mediation with my ex regarding custody of our son within 30 days from 01/24/25, and both of us were required to file financial affidavits. I submitted my affidavit on 02/17, but my ex has not filed his yet and hasn't been in contact with our son since 2023 after moving to... View More
answered on Mar 5, 2025
If there is a court order to mediate and it is scheduled then you should appear. Tell the mediator that you cannot move forward without his financial affidavit. You can also fie a motion to compel his financial affidavit. If the facts are as you say then the court should rule in your favor... View More
I'm currently involved in a child support situation where the original order was issued in Indiana. The custodial parent, now residing in Florida, and the non-custodial parent, in Texas, have both moved out of Indiana. Despite this, child support is still being enforced in Indiana, and there... View More
answered on Mar 5, 2025
The truth is that neither one of you should be in Indiana court anymore. The court with jurisdiction over the child is wherever the child has lived for the past six months. If you are in Florida you may want to file your action in Florida. You will need to notify the FL court that there is also a... View More
I recently went through a custody battle with my ex-husband, where I was granted full physical and legal custody with a no-contact order. He's filed an appeal, and I've returned to court multiple times due to his contempt. My current issue is that my current husband's ex-wife keeps... View More
answered on Mar 2, 2025
You will need to call a lawyer to schedule a consultation, so that the court docket and documents may be reviewed. Your description is confusing regarding why your current husband's ex-wife would be a party to court proceedings (or is she?), and is so, for what type of proceeding and which... View More
I want to file for emergency custody for my son's two children on his behalf. He pays child support and is supposed to have visitation rights every other weekend. The children's mother was recently arrested for aggravated child abuse involving her other children from a different... View More
answered on Feb 26, 2025
If your son is paying court ordered child support then paternity has already been established. It is your son who will need to go to court. Speak with a local family lawyer who offers free consultations for more specific advice.
My husband wants to file for 50/50 custody of his 3-year-old son, but he is concerned about a recent felony conviction for domestic violence in January 2025. There are concerns about the child's well-being when in the mother's care, as she suffers from seizures and has left the child... View More
answered on Feb 23, 2025
The legal standard is what is in the best interest of the child. The felony is a factor just like the other parent’s issues are. The court has to consider everything together. Try to make a list of all the good parenting factors on your side. Speak with a local family lawyer for more specific... View More
What is the likely outcome of a temporary hearing in Florida when Parent A is requesting 50/50 custody of a 5-month-old infant? The infant currently lives 5 hours away from Parent A due to the other parent's recent move, which happened right before Parent A filed to establish paternity. The... View More
answered on Feb 17, 2025
There are a lot of "what ifs" in your question. The starting point for timesharing is 50/50. You do not provide the reason for the move. Was it for a legitimate reason or just to put distance between the parties. Obviously 50/50 timesharing for an infant with the parents living 5 hours... View More
Respondent filed a motion to dismiss, and quash for lack of personal and home jurisdiction. I filed a counterclaim stating that Florida remains home state under UCCJEA from previous filings and custody orders, child primary residence 2015-2020, continuing jurisdiction due to my domicile and... View More
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answered on Jan 27, 2025
It sounds like the judge determined that Virginia has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), possibly because Florida relinquished jurisdiction in 2021. Even though you argued Florida's continuing jurisdiction, the court may have relied on the... View More
Custody and Support:
We’ve agreed on 50/50 custody of our 14-year-old son, with him living with me during the week and alternating weekends. My husband offered $150/week in child support directly to our son and will cover health insurance and extracurriculars. Is this acceptable?... View More
answered on Jan 20, 2025
While the timesharing arrangement proposed appears to be in your best interest, a critical review of the financial distribution plan is essential. At this juncture, it's impossible to ascertain whether the proposed financial settlement is equitable. A complete and transparent disclosure of all... View More
Can I relocate if I wanted to? Do I have to file a petition to relocate? Do I or should I file for custody?
answered on Jan 16, 2025
Unless you have been to court, even for child support, you are in control as the mother. You can move wherever you like; however, if the father has been exercising timesharing, he may go to court to try and make you stay. Speak with a local family lawyer for more specific advice.
I have been given some direction as to go about adjusting a time share agreement in an agreed change of custody. I understand what was explained to me however after reading the forms I need to file, I wonder do I need to file 2 forms? As the oldest child that is now living with dad and we want to... View More
answered on Jan 15, 2025
You can use one form for both children. Just add additional lines as needed to describe the two timesharing plans. Speak with a local family lawyer for more specific advice.
Hello I have a question about a situation about my daughter enrollment for school. I am a primary caregiver. Her dad has her twice a week. I am trying to cooperate and trying to figure out a agreement for a school I tried to discuss halfway in between me and his house, and he is trying to say that... View More
answered on Jan 9, 2025
You do not mention if you have been to court or not. If you have a parenting plan then you need to follow what it says. If you do not then you may need to go to court to settle this disagreement. Based on the facts contained in your question you can enroll the child in a school near your house. If... View More
He threatens me all the time saying he will take our kids away from me. Is it possible? And would I be able to move out of state with the kids even if he won't let me? Since my family and help for me is in another state
answered on Dec 28, 2024
In Florida, unless you have already been to court the mother starts out with control of the children. It is possible for one parent to go to court to establish or modify timesharing (custody) but the end result will be a schedule of sharing time. It is rare for children to be "taken away"... View More
I am a father, my daughter was born in cuba, i came to the us 2 years ago and i am a permanent resident. my daughters mother brought my daughter crossing border which i didnt agree with as it is very dangerous for a 9 year old. recently her mother doesn’t let her come spend the weekend with me, i... View More
answered on Dec 27, 2024
It sounds like you need to file a paternity case to protect your rights as the father. You may also have immigration issues. Speak with a local family and/or immigration lawyer for more specific advice.
Father and child lives in the US and ex lives in Canada. Ex filed the divorce back in 2018 in Canada but since the child is living with father, Canadian court proceeded with divorce only as they do not have the jurisdiction over the child. She does not pay for a dime or child support as directed by... View More
answered on Dec 27, 2024
If you have or can get a certified copy of the Canadian divorce decree you can domesticate it (file with your local court and ask them to recognize it). Depending on the exact language regarding the child you may need to file a motion as well asking for sole parental responsibility and authority to... View More
We filled for divorce 2 years ago in NJ. My wife moved to FL 1.5 years ago, although there is no written agreement to allow this. I now also live in FL. Do we have to move the case to FL? Is FL a better state for me from a child support perspective or is NJ?
answered on Dec 17, 2024
If the child has been living in Florida for more than six months then NJ will probably not accept jurisdiction anymore, meaning that they may divorce you but they will not address children's issues because the child does not live there anymore. I cannot advise you on NJ child support law.... View More
I gave my mother temporary guardianship so they wouldn't end up in the state. Now my mother is not properly taking care of them but I'm homeless and have been trying to get a job what can I do legally to get help and get my kids back in my custody I don't want my kids suffering or... View More
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answered on Dec 11, 2024
I hear how much you care about your children and want to improve their situation. This is clearly a difficult and emotional challenge you're facing, but there are resources and steps you can take to work toward regaining custody.
Your first priority should be to secure stable housing... View More
He owns his own home and is a business owner. He loves my child as it’s his own. I’m living in a house right now that was flooded during a hurricane and it’s a current construction zone. I’d love to move in with him so my child can be safe and have a family environment. Am I able too while... View More
answered on Dec 6, 2024
The court will always look at the best interests of the child. As long as you are doing what is best for your child (as opposed to what is best for you) then you should be alright. Just be prepared to explain the the court why you moved and how it was better for the child. Speak with a local family... View More
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