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Florida Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Do I have to have a separate room for my daughter in order to win custody. Currently temp time share. Want sleepovers.

I have a 4 year old daughter. I am currently going threw a divorce. my Divorce lawyer tells me that I have to get my own place. I live with my brother and I have my own room. I am on the lease now. I told my DL that I can give my daughter my room and I can set up the livingroom for myself. So it... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

You should believe what your attorney tells you; or get another attorney.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: What’s next after petitioner denies my counter petition?

Petitioner filed for dissolution of marriage. Respondent answered and filed a counter petition. Petitioner answered with a general denial. What is next?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 5, 2024

Next is the exchange of mandatory disclosure. Read family rule 12.285 for the list of what is required. After the parties exchange the discovery (documents) then the court will probably order you to participate in mediation. Speak with a local family lawyer for more specific advice

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I file a motion for temporary support, time-share, and other relief with dependent or minor children?

Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More

Michael Ferrin
Michael Ferrin
answered on Feb 5, 2024

Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Is sleeping on the living room couch ok in a shared custody?

My daughter goes to her father’s every other weekend. Recently we found out that he gave her room to the new baby and now she is sleeping in the living room on the couch. Is this acceptable living standards for a 9 year old, per the court.

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 5, 2024

The legal standard is what is in the best interests of the child. If this is the best solution for the father and the child is not suffering then you may just have to deal with it. There is no bright line rule regarding a situation like this. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: What do we do about residency and time-sharing while we are in the middle of a divorce?

My spouse served me with divorce papers after I put a temporary injunction on them. Currently I am occupying the marital home and have full time-sharing/custody of the children (due to temporary injunction). If I voluntarily dismiss the temporary injunction, will my spouse be able to come/go from... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 2, 2024

You need to address these issues with the judge that is handling your divorce case. If there are no court orders to the contrary than you continue to share the children and the house. 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: Can't afford a lawyer,can I request full custody of child on my own?Father lives abroad,not co-parenting, no childsuppor
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 30, 2024

You do not say whether you are married or not. If the father is absent then you already have full custody. If you are looking for legal rights that you do not currently have then you need to go to court, either with a new case or a motion to modify an old case. Speak with a local family lawyer for... View More

1 Answer | Asked in Family Law, Child Custody and Government Contracts for Florida on
Q: What type of lawyer would I need if I'm dealing with a closed CPI/ DCF case in regards to getting my daughter back.
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 29, 2024

A family lawyer that handles or specializes in dependency cases.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Florida on
Q: I want to sue CPS & get my daughter back cuz they violated a bunch of our rights how would I go about that

I know there's no statue of limitations on when I can sue but they denied me due process and they trampled over a bunch of my rights & my child's rights and they lied about me in court & they used my child to get funds they gave me my 2 older children back & kept my baby &... View More

James L. Arrasmith
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answered on Jan 24, 2024

I’m truly sorry to hear about your situation. It sounds like you’ve been through a very difficult time. I can offer some general information that might help you understand the process of addressing your concerns with CPS.

To pursue legal action against Child Protective Services (CPS)...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If custodial parent obtained court approval to relocate out of state, can that parent then relocate again w/o new order?

Mom took minor kids from TN to PA for a job. Dad agreed, court order obtained. While in PA, mom took different job (paid way more) and moved to Maryland. A year later moved back to PA. Now mom’s company threatening to bring her back to TN (she’s been working remotely). Dad has moved to Florida... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 24, 2024

This question is answered based on Florida law. Each time a parent relocates they either need the other parent's agreement or they need to return to court. In your case, it sounds like you have acquiesced to some of the moves. You can return to court when you have issues with the other parent;... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: My son (17) graduated high school and has a job, can he legally move out? He wants to live with his girlfriend (18).

He’s adopted.

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

In Florida you are legally emancipated on your eighteenth birthday. You do not say if you are trying to prevent him from moving out. What you are describing is not "illegal" in any way. His being adopted does not change anything. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How do I reply to a petition? I'd like to do it myself! Not having any luck with attorney's & I'm on a time limit!

I have an upcoming court date on Feb 13th

Thank you

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 19, 2024

The Petition should have numbered paragraphs. Your pleading is called an "Answer." For each number you need to admit or deny the allegation. If you choose you can explain why you deny but it is not required. You can also answer that you have no knowledge of a particular number if that is... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My child's mother went to jail today I want full custody can she battle me for custody while incarcerated
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 16, 2024

You, as the father, must go to court to establish and/or modify timesharing (custody). If and when the mother is no longer incarcerated she can reestablish her timesharing rights. You do not get custody "by default" just because she is in jail/ prison. Speak with a local family lawyer for... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: My husband and I are separated and going through a divorce, and i do not think our daughter is safe with him. What do i
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 16, 2024

If the divorce is already filed then you can file a motion expressing your concerns. You must justify your concerns to the judge. The legal standard is what is in the best interest of the child. You must also schedule your motion for a hearing. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: What is process for gaining child visitation when no parenting plan was included with Final Child support order (Florida

Child born out of wedlock April 2022. Father submitted parenting plan, she says she never got it. She lives in Polk County, he lives in Duval County. He's full time college student at UNF, full time security guard for State of Fla. and USMC Reservist (Savanna, GA). His plate is full. He has no... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 8, 2024

It sounds like you have a child support order but no parenting plan. You need to return to court and file a motion to establish a parenting plan and timesharing. The court will order a timesharing schedule that is in the best interests of the child. What you are describing would be a long distance... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Does Mom of a 6 m/o baby have to send baby for weekend with her Dad and girlfriend after g/f endangered infant 3 times?

My son and his ex (never married) have a 6 month old daughter. Mother and baby live with me still, but Dad moved out months ago and rarely comes by now. His new girlfriend has endangered the infant 3 times now (first time was at 4 months old) and Mom is terrified as Dad demands the baby this... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 5, 2024

Until the parties have been to court on a paternity action the mother has full control of custody. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I recently discovered my 6yo abused her cat by a video she recorded. What can I do with this matter??

Background: I am the noncustodian parent and I see her once a month for my custody. Her father has the primary physical custody. He doesn’t care when I bring concerns and he doesn’t know about the animal abuse matter yet because I don’t know how to bring this up. I know my child doesn’t... View More

James L. Arrasmith
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answered on Dec 31, 2023

The discovery of your child abusing an animal is a serious concern and needs to be addressed immediately. This behavior can indicate underlying emotional or behavioral issues that require professional intervention.

First, it's important to document the evidence, such as the video you...
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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Hi, my ex is trying to move out of state with my son, we were never married or had any custody aggreements. What to do?
Rand Scott Lieber
Rand Scott Lieber
answered on Dec 29, 2023

Unless and until the father goes to court with a paternity case the mother is in full control of the child by default. Once in court, the movements of the child can be restricted by the court. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: We're moving back to city/state where my son's Dad lives, but he's never met him/been involved. Do I have to tell him?

When I was pregnant with our son, my (now ex) husband went to prison in OR. Once he was born, I moved in with family in FL. Upon my ex's release, he had an affair, so I filed for divorce. He was granted conditional video visitation to start with, since he's never met our son. This was... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 2, 2024

You need to start with the court order that addressed custody from your divorce. Was that in Florida or Oregon? Next, speak with a family lawyer in that jurisdiction who can advise you more specifically on your rights and obligations.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Mother & father have 50/50 custody in Florida. Mother took child out of state w/out father's permission, hasn't returned

Father told the mother he did not approve of his child being taken out of state to go to California without his permission. Child is 5 years old. Mother got out of a DUI 2 nights before leaving the state abruptly. During the DUI investigation she had 2 kids under age of 5 in their car seats and she... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 13, 2023

You need to return to the court that issued the timesharing order (parenting plan). File a motion for enforcement/ contempt and ask for the children to be returned to Florida. You may also be able to pursue a pick up order. Because these issues can be fact specific and complex speak with a local... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: We're moving back to city/state where my son's Dad lives, but he's never met him/been involved. Do I have to tell him?

When I was pregnant with our son, my (now ex) husband went to prison in OR. Once he was born, I moved in with family in FL. Upon my ex's release, he had an affair, so I filed for divorce. He was granted conditional video visitation to start with, since he's never met our son. This was... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 7, 2023

You need to look carefully at the court order that awarded you custody and him visitation. In Florida, you are required to notify the other parent within 24 hours if you move your home address. Your situation may be a little different because he was in prison. Take your court order and speak with a... View More

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