We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we... View More 
answered on Aug 3, 2023
She can go back to court and file a request for alimony and child support. She'll have the burden to prove that there is a need for those kinds of support and that you are capable of providing it. Talk to a lawyer to know how you can be prepared if this happens.
I am a US defense contractor in Germany. My husband is threatening to leave me and take our two children back to the US. We are here under the NATO Status of Forces Agreement (SOFA). What are my options to prevent him from taking them back to Florida? Do I need to file for divorce or is there some... View More
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answered on Jul 24, 2023
I am not a family lawyer but I work on international cases. This is what I know...
If the child is not present in Florida and resides abroad, Florida courts may not have jurisdiction over child custody matters under normal circumstances. Jurisdiction in child custody cases is typically... View More
I know that I need to complete a FAMILY LAW FORM 12.970(d), WAIVER OF SERVICE OF PROCESS AND CONSENT FOR CONCURRENT
CUSTODY BY EXTENDED FAMILY form. What is the next step, and how long does this process take?
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answered on Jul 24, 2023
I am not sure what your legal goal is. Are you leaving the child with the grandparents? Do you want them to be able to sign legal documents for the chid in your absence? Your question is very broad. Speak with a local family lawyer and give more details for more specific advice.
I’m a father and I have been living in Florida with my son who is 12 for 7 years. My sons mother recently came from Honduras and established in Pennsylvania. She came to Miami to pick him up for summer vacation which I agreed to because it’s appropriate for him to also see his mother. First she... View More
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answered on Jul 18, 2023
If you have never been to court before then the only way to protect your rights is to file a paternity case. Without that legal filing the courts cannot help you if the mother tries to keep the child. Speak with a local family lawyer for more specific advice.
I’m in the process of getting divorce and we have come to agreement to split child’s expense. He insisted on 50/50 physical and legal custody. I’m currently working and he hasn’t employed for over a year. If I agreed with 50/50 custody and put into parenting plan, would judge honor it or... View More
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answered on Jul 17, 2023
Child support is calculated pursuant to the formula in the statute (law). The judge can only waive the exchange of child support if the amount is de minimus (very low). It may be possible (outside of court) for you and the other parent to agree to something different but that can create other... View More
I am the petitioner and I have petitioned the court to establish paternity and other related relief, however, the father has hired an attorney (I am pro se) and the father wants time-sharing and has declared to be the Father but I want a paternity first. I don't know what form to file to... View More
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answered on Jul 15, 2023
If it was not in your initial pleading, file a motion for DNA testing. If you filed saying that he is the father and his answer admits that he is the father then paternity is established. You can ask the court for a partial final judgment of paternity. Speak with a local family attorney for more... View More
Last Year I have had my kids 24/7 with him spending little time with them , he rarely calls or text . And he does nothing financially for them.
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answered on Jul 14, 2023
Based on what you are describing you can return to court and request a modification of the court order. The new order would reflect the time the children spend with you and child support would also be recalculated. Speak with a local family lawyer for more specific advice.
Which forms i need to do it? i was checking prices from a lawyer and they charge me more than 5000, i don't have that money. my ex give me the full custody but i need domesticate in florida, so i can have here too.
thank you
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answered on Jul 14, 2023
Yes, you can do it yourself. The first step is to get the Brazilian equivalent of a certified copy of the court order. You would also need to have it translated. Once you have the translated certified copy you can file it with your local court. Speak with a local family lawyer for more specific... View More
I have no pre set child custody order. I just got through court the judge signed and filed a final judgment. The opposing party filed a motion to vacate and will not follow the final judgement until they go back to discuss the motion to vacate several months from now.
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answered on Jul 13, 2023
This answer is based on Florida law. A motion to vacate does not change the prior order until a hearing is held and a new order issued. You should be following the initial order. Speak with a local family lawyer for more specific advice.
The court awarded my request for supervised visitation and my ex-wife's visitation time (every other weekend) is supposed to be spent at her mother's house and under her mother's supervision. My ex-wife is arguing that she is still allowed to pick up/transport the children on her own... View More
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answered on Jul 11, 2023
You have included several issues in your question. The short answer is that she must follow the court orders, as written. If the two of you do not agree on what the court orders mean then you must return to court for clarification. Since timesharing is modifiable until the children emancipate,... View More
Schedule. I don’t mind that he moved but there was no communication about this and now he requested less days with her. And I am still receiving the same amount of money from him.
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answered on Jul 10, 2023
Child support is modifiable until the child emancipates. If you agree to the new schedule then you should get it in writing. You can either agree on a new child support number or return to court for a modification based on the new schedule and your current incomes. Speak with a local family lawyer... View More
I have been divorced from my ex in Brazil since 2022, he gave me custody of my daughter there, but I live in Florida and I need full custody of her here too, how can I proceed in this case? he was deported for domestic violence
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answered on Jul 10, 2023
If you have a Brazilian court order then you can domesticate that order here in Florida. You will need a certified copy and it will need to be translated. Because it is international you may need an Apostille. Speak with a local family lawyer that deals with international family matters for more... View More
The father is only on the birth certificate, but we were never married and he never established paternity. He has a history of domestic violence, and child abuse, with numerous online and text threats to kill me. I want to know if I can have his rights terminated without involving him somehow for... View More
answered on Jul 4, 2023
Having his name on the birth certificate does not establish his rights as the father.
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answered on Jun 27, 2023
You would be emancipated of you joined the military.
Father lives in PR. Always threaten me not to file for CS bcause he took care of our other 2 daughters now over 21. My son needs help for college. Should I file a claim in PR since in FL age is 18th and does not recognize college expenses and support after 18th? Can I file for back child support?
answered on Jun 26, 2023
Based on the information provided, it appears unlikely that you can file a new case for child support in Florida. However, I recommend you consult with a local attorney who can assess your unique circumstances. Furthermore, it may be beneficial to consult with an attorney in Puerto Rico to... View More
My ex lives in Pennsylvania she came from Honduras 5 years ago with her other husband and kids. I have a son with her that’s been living with me in Florida since 2015 when I arrived to the state from Honduras. Recently she came down here to Miami to pick up my son to spend the summer in... View More
answered on Jun 22, 2023
If your son stays with his mother in Pennsylvania for six months or more, she will be able to file for custody there, and the Pennsylvania courts will have exclusive jurisdiction to decide custody. You should contact a Pennsylvania attorney for more specific advice regarding how to get your son;... View More
I moved out with my daughter last year. I was letting my daughter see her father on the weekends, but we noticed some signs of abuse and took her to the ER. DCFS opened a case and dismissed it. I am planning to move out of state in the next 6-9 months and want to know what my legal obligations are.... View More
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answered on Jun 19, 2023
If you have never been to court for paternity then you, the mother, have full custody rights and can move wherever you like. If he takes you to court before you move then he may be able to delay or prevent the move. Speak with a local family lawyer for more specific advice.
He has been absent for nearly her entire life (almost 9 years). Looking into child support/back pay. He has moved out of state now and I am to be wed next spring and would like my future husband to adopt her. Looking for any advice on the first steps and the best way to go about this.
answered on Jun 17, 2023
In Florida, in order for an unmarried biological Father to have parental rights, the Father would need to file an action with the Court to establish paternity. Consult with an attorney to determine what type of notice the biological father is entitled to as it pertains to the step parent adoption.
This has been going on since the end of 2018 into 2019. My ex accused my mother of being under the influence of drugs (she was age 65) when she exchanged the children with him. He would stop me from seeing them if I didn't give him $300/month for child support. Unfortunately after he stopped... View More
answered on Jun 17, 2023
You can retain an attorney to assist you with mediation. If that is the only proceeding you would like to retain an attorney for, then you would need to search for attorneys who offer limited-scope representation. Any allegations of abuse should be reported to the proper authorities. Consult with... View More
intentions of cleaning her head out.
answered on Jun 9, 2023
Is there an active family court case? Get her to an MD and get a report to the judge. This case arises under FAMILY/ CHILD ABUSE law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.
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