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Florida Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: My ex wife has an injunction against me. I am attending BIP and on probation. The injunction currently only allows for

Supervised visitation of my 2 year old son. When I complete BIP and get off probation, Does that qualify as a change of circumstance and allow me to modify the injunction to request unsupervised custody of my son at my home? No family case at the moment. We are still married. Divorce has not been... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 31, 2024

You can always file a motion to modify the conditions of the injunction. You do not mention if there is also a family case. You may be able to modify sooner than the end of your program and probation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Does my son's father have to have custody to enroll him in school in TN and to take him to Dr visits
Rand Scott Lieber
Rand Scott Lieber
answered on May 31, 2024

In Florida, assuming that you are not married, it is the mother who starts with all custodial rights. Once you go to court for a paternity case then through shared parental responsibility both parents can make decisions as long as they are in agreement. If you are in agreement with the... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I was just awarded sole custody of my son (17 months old) - do I need father’s permission to obtain a passport for him?
Rand Scott Lieber
Rand Scott Lieber
answered on May 27, 2024

You need to read the court order that awarded you custody. It may or may not allow you to obtain a passport without the other parent's consent. If it does not then you must either have the other parent sign the appropriate form or get a court order that gives you authority. Speak with a local... View More

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Florida on
Q: How likely is it my kids would be taken if the abuse in the home was reported?

I live in an abusive home. I moved in with my grandparents in 2018 at the push of my grandmother. My grandmother adopted my sister for the money she gets, she tells she is going to leave her with me because she didn't sign up for the responsibility only the money. She calls her names, is... View More

Michael Ferrin
Michael Ferrin
answered on May 18, 2024

It sounds like you need to try and move out of the home and get away from the toxic environment. If you believe that a child is being abused, abandoned, or neglected, you should contact the department of children and families.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Florida on
Q: How likely is it my kids would be taken if this was reported?

I live in an abusive home. I moved in with my grandparents in 2018 at the push of my grandmother. My grandmother adopted my sister for the money she gets, she tells she is going to leave her with me because she didn't sign up for the responsibility only the money. She calls her names, is... View More

Veronica LaVerne Robinson
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answered on May 16, 2024

It is unlikely that your children will be taken away from you simply because you have a condition which requires you to take medication. Many people in society have bouts of anxiety and depression and society, including family court, understands and does not condemn people who are going through... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: I’m currently unemployed and I have to upload a financial affidavit before court date . How would I fill it out?
Rand Scott Lieber
Rand Scott Lieber
answered on May 15, 2024

There is space to indicate that you are unemployed. On the affidavit or in court you will be asked what efforts you are making to find a job. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: If I have shared parental responsibility with father in another state can he take her out of state without my permission
Rand Scott Lieber
Rand Scott Lieber
answered on May 14, 2024

In Florida, shared parental responsibility means discussing major decisions like health and education. If you have a parenting plan there is a separate section that addresses traveling. Generally, as long as it is his timesharing and he has informed you about the travel he should be able to go.... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I need to file a relocation for my minor child more than 50 miles.

This is due to the cost of living and child care in my area. I am selling my home and relocating to a more affordable town which would but me 60 miles away from the other parent.

Rand Scott Lieber
Rand Scott Lieber
answered on May 9, 2024

I am assuming that you already have a parenting plan with the other parent. You will need to either get the other parent to agree or else file a supplemental petition with the court. This can be a costly legal fight so understand that going in. You will need to prove that the move is best for the... View More

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: My kids mother is remarried, does his income count as her income?

We have been separated for 5 years now. She is remarried and has another child with her husband. She does not work and stays home with all the kids and homeschools them. Her husband makes approximately double what I make, and they live a lavish lifestyle, yet I send her money each week. This is a... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 30, 2024

A new spouse’s income doesn’t count for child support. You need to go to court for a formal parenting plan if you don’t have one. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a husband accuse his wife of kidnapping their daughter if she wants to leave their house with her as a separation?

The couple can't live together in the same house. Then the mother would like to go to another place with her daughter. But the husband says that what she's doing is called kidnapping. What can the mother do?

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

If there are no existing divorce proceedings or custody agreements, the mother must secure consent from the other parent or obtain court approval before relocating. This process can become legally intricate, particularly if the other parent opposes the move. Consult a local family law attorney to... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: do i have to pay child support?

Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Is it illegal to share an Alabama custody order in a Florida case that does not involve the same clients
Veronica LaVerne Robinson
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answered on Apr 19, 2024

It may be illegal to share an Alabama custody order in a Florida case where the clients are different if the Alabama custody order is considered confidential by law and a motion that will allow it to be presented as evidence before the Court has not been granted. However, if the foundation has... View More

1 Answer | Asked in Child Custody for Florida on
Q: This if for a child support modification case (after 14 years). What should I respond to this email with regarding ..

Last Friday was day 45 when all mandatory disclosure and financial affidavits were due to be turned in / delivered by mail. We still have not received them. We found a motion to compel but it says you must attempt by contacting party/attorney to get the documents before filing the motion. We sent... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 17, 2024

Ask the attorney for a specific date for compliance. If they will not agree or if it is too far out then file the motion to compel. 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: Do i have to attend a deposition requested by email from the other parties attorney?

I'm wary because its through email and it seems not to be a court order. Just told "oral depositions is a normal discovery procedure authorized by the Florida family rules of procedure. Your attendance at this deposition is mandatory. I am only giving you the courtesy of coordinating it... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Because you are a party, you are required to appear for deposition when you receive a formal written Notice. Typically, her attorney would contact your attorney to discuss available dates for scheduling. If you do not have an attorney, her attorney would reach out to you for available dates, most... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Florida on
Q: To what extent will it hurt my case if I have dv records (1)from my current wife that were dropped ??

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Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 6, 2024

If it goes to trial, you will need to have witnesses to the DV incident or incidents, Records from cases that was dismissed are hearsay and therefore not admissible.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If my dad has legal custody of me but he emotionally abuses me and im happier with my mom can i go back to my mom im 15

I have been wanting to live with my mother again for years he lied about her and said that she was abusive and unstable when she wasnt and im happier with my mom but mentally broken with my dad is there a way i can go back to living with my mom?

Osama Khalil
Osama Khalil
answered on Apr 5, 2024

Presently residing with your father, there's a possibility of transitioning back to your mother's care. As a 15-year-old, your perspective carries considerable importance in custody matters. The emotional strain you endure provides a compelling basis for revising the current custody... View More

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1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for Florida on
Q: Is there any Florida case law, that states when a court suspends a parent’s timesharing?

Is there any Florida case law, that states when a court suspends a parent’s timesharing that, they are not held to this statue and are not required to pay 100% child support to the other parent. This parent cannot exercise their timesharing because the courts suspended it, it's not that the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 29, 2024

The short answer is NO. Although child support and timesharing are interrelated, a suspension of timesharing does not suspend a child support obligation. The financial obligation is ongoing pursuant to the court order unless and until it is changed. Speak with a local family lawyer for more... View More

1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for Florida on
Q: Can a divorce be finalized without settling the division of all assets?

My spouse and I reached an agreement in mediation. However, since then he has proceeded to recant almost all of the terms agreed to. My fear is that he will continue to do this to prolong the divorce process.

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 22, 2024

If you reached an agreement at mediation that was reduced to writing and that you both signed then it is binding on both of you. If he is not following the terms then you can return to court to enforce the issue. If you reached an agreement but did not write it down and sign it then there is no... View More

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: My sons father relocated our son in violation of a temporary custody and status quo order and FS 61.13001, what do I do?
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 21, 2024

You need to file a Motion to Enforce to notify the judge that an order has been violated. Then you need to request a hearing on that motion. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Child Custody for Florida on
Q: My mom had temporary custody by extended family and she passed away can I go get my kids
Rand Scott Lieber
Rand Scott Lieber
answered on Feb 22, 2024

You may be able to get your children but you must first return to the court that issued the order giving your mother custody. The change is not automatic. Speak with a local family lawyer for more specific advice.

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