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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.
while still having an active Family Court case? there is also proof that she was insulting me. i was just wondering what could be done in situations like this
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answered on Jun 9, 2023
There is not much that can be done (legally) to stop insults on social media. You could notify the judge in the family case about the behavior and express concern for its effects on the child. Speak with a local family lawyer for more specific advice.
just leave the minor child infested? what steps can i take as the biological mother who still has all rights to the minor child in order to get her placed back in my custody
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answered on Jun 9, 2023
If you have all rights to the child then why can't you just take the child? If there is a court order regarding the child then you can report to the court that issued the order that there is a problem. If the problem is severe enough you can report the issue to DCF. Speak with a local family... View More
I pay child support to her and since my mom doesn't get food stamps for them she told me to apply and now DCF is wanting me to fill out forms because they want to know why I'm receiving food stamps and paying child support for the same kids. Please advise.
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answered on Jun 8, 2023
You need to start with the court that gave your mother custody. Ask that court to change the custody to you. Then you can stop paying child support and apply for food stamps. Speak with a local lawyer for more specific advice.
I need proof my now deceased grandfather was my legal guardian, he also collected my child support to his name on my behalf and I want to obtain those copies.
answered on Jun 7, 2023
Call the Clerk of Court and ask them if they have those records from that long ago. They might not have records of child support he received; you might need to subpoena such records from his bank, if you have some sort of cause of action that somehow survived any applicable statute of limitations.
We seriously need advice. My husband has been going through a nasty custody battle in Florida. In December we filed a motion for contempt because the other party stopped showing up and he has not seen the child since September and there has been no contact with the other party. Early last month,... View More
answered on Jun 6, 2023
You don't need to transfer the case to Texas. Ask the judge's assistant if the motion hearing can be held on Zoom.
My daughter had the choice live here for free and go to school or get a job and pay rent. She decided to be on her own and lived with a family member for almost a year and worked a job. Recently moved to P.R. and is living with her father. Now, she is asking for the child support card and money,... View More
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answered on Jun 2, 2023
Question 1: Is there a current child support order in place? If no, then you have no financial obligation at all. Legally child support can only be pursued by the parents so your child has no legal standing to request child support from you. Finally, if your child is 18 then she is emancipated and... View More
Can I take my child out of state, if a restraining order is on me from my soon to be ex wife? I haven’t seen my child in a couple of months.
answered on May 31, 2023
You may hire a lawyer in one state, even if you live in another. You really should since you appear to be subject to a restraining order which may be controlling over your parenting rights until you can get an order more specifically setting out those rights. The specific language of the... View More
We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?
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answered on May 22, 2023
If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... View More
My 3 children & I live in Florida for last 9 years while their mother has lived in Michigan. We have never been though court system. If I let the kids visit for a month this summer does she have to give them back ? Would a notary or a note for the mother be evidence of her promising to bring... View More
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answered on May 15, 2023
If you let them leave without a written agreement or something filed with the court you are stuck with the "honor system." If, in fact, she refuses to return the children, you would be forced to go to court here in Florida and fight for their return. You would have a strong case based on... View More
I was just summons with paperwork for child custody from my newborns father, who has yet to establish paternity, and I haven’t heard from him the whole time I was pregnant didn’t hear from him up until about a week ago and three days after he reached out, he filed for more than half custody... View More
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answered on May 14, 2023
Until paternity is established the mother has all custody rights. This is a delicate area of family law so you need to speak to a local family lawyer who can give you specific advice on how to defend a relocation.
She doesn’t know who the biological father is,but she does not want the baby
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answered on May 9, 2023
Whatever you do you need to involve an attorney that specializes in adoption. This is not a do it yourself matter. Speak with an adoption attorney as soon as possible if you want to pursue this.
STEM program is only 1 hour away from the mothers house. Fathers house is 36 mintues away and is able to take and pick up child from school if he had majority custody. The mother has no job, and is fully capable of taking and pikcing up child from the STEM program, but refuses to for unknown... View More
answered on May 7, 2023
You would not need to have majority custody. You would only need to have final decision-making over educational decisions. You could file a motion in the same court where the initial parenting plan or schedule was entered and ask to have it modified or ask to have the court determine if the STEM... View More
I filed for divorce in feb. when I did the first package the family affidavit was file . The judge order mediation but her lawyer didn’t submit her affidavit till this morning which I couldn’t see till after mediation which we didn’t agree to anything! I emailed the lawyer asking her for the... View More
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answered on May 23, 2023
Both parties are required to provide mandatory disclosure to the other party. Florida Family Law Rule 12.285 states what documents are required to be provided to the other party and the time frame for production. If a party fails to provide said disclosure, the opposing party can file a motion to... View More
Daughters name was changed within forst twelve months of her life I was not listed on the birth certificate due to paternity issues. At the least was she supposed to notify me since I was suspected to be the father or no because I wasn’t on the birth certificate?
answered on May 2, 2023
Generally, both parent's signature is required if they are listed in the original birth record. Since you are not in the birth certificate, the mother can pursue name change of the child without your consent.
We executed a parenting plan during divorce proceedings last year. I am the mom and I could request up to 3 drug tests (hair follicle) from the Father - if positive, it suspends his timesharing until he provides two clean tests within the same week. Father has tested positive for cocaine, which... View More
answered on May 2, 2023
If you are seeking sole parental responsibility for your child, you can file a motion to modify your parenting plan with the court. You will need to provide evidence of factors such as alcohol or drug abuse, negligence, or domestic violence against the father in order for the court to consider... View More
He is only seeking every other weekend. Which leaves me all the school days. I cannot call out every time out 4 and 6 year old are sick. Can an arrangement be put into our custody agreement to where we need to alternate sick days if the kids are sick? Even if it’s during the week?
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answered on May 2, 2023
Unfortunately, the way it usually works is if it is your timesharing day then you are responsible for child care. If dad has a school day and they are sick then he is responsible, same for you. You can try to address this issue financially (through child support or otherwise) so that you can afford... View More
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