Florida Child Custody Questions & Answers
Q: We had 50/50 custody. We moved. Now we're back can the mother leave with the child to another state?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Florida
on
Answered on Sep 28, 2016
Answered on Sep 28, 2016
Terrence H Thorgaard's answer
I'm not understanding how you were able to go to Michigan for a year without modifying the time sharing plan.
But assuming that this plan is still in effect, the mother cannot refuse your husband his visitation as specified in the plan. He needs to go to court to enforce it.
He should also ask that the child support he is obligated to pay be modified.
I'm not understanding how you were able to go to Michigan for a year without modifying the time sharing plan.
But assuming that this plan is still in effect, the mother cannot refuse your husband his visitation as specified in the plan. He needs to go to court to enforce it.
He should also ask that the child support he is obligated to pay be modified.
Q: If I take my kids and leave my husband to live permanently elsewhere without a custody arrangement, is that kidnapping?
Terrence H Thorgaard's answer
Florida Statute 787.03 (2) does provide as follows:
"(2) In the absence of a court order determining rights to custody or visitation with any minor or with any incompetent person, any parent of the minor or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that minor or incompetent person within or without the state with malicious intent...
Florida Statute 787.03 (2) does provide as follows:
"(2) In the absence of a court order determining rights to custody or visitation with any minor or with any incompetent person, any parent of the minor or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that minor or incompetent person within or without the state with malicious intent...
Q: I moved out of state with my kids with my husband's permission -
Terrence H Thorgaard's answer
It depends on the children's' "home state". That generally means where they have lived for the past six months or longer. If it's been six months or more since you moved, jurisdiction for custody adjudication would be where they live now.
It depends on the children's' "home state". That generally means where they have lived for the past six months or longer. If it's been six months or more since you moved, jurisdiction for custody adjudication would be where they live now.
Q: sons father&I moved from Ny to Fl we have a custody agreement in NY If I wanted to move back with son would still stand
John Arthur Smitten's answer
If there is no Order that supersedes the NY order then the NY order still stands.
If there is no Order that supersedes the NY order then the NY order still stands.
Q: Can I take my child out of state or the county. With out other parents permission or can he?
John Arthur Smitten's answer
You have to get a court order to relocate greater than 50 miles. You should hire a lawyer to represent you in the case.
You have to get a court order to relocate greater than 50 miles. You should hire a lawyer to represent you in the case.
Q: I am 6 mo pregnant and filing for divorce. What is a reasonable time sharing schedule for a newborn?
Terrence H Thorgaard's answer
Do you have any evidence that you are better at taking care of a newborn baby than he is?
Do you have any evidence that you are better at taking care of a newborn baby than he is?
Q: My daughter which is17 and just find out she is with child lives with her grandma but wants to come live with me .
Terrence H Thorgaard's answer
Does the grandmother have custodial rights? If so, ask the court to give you custody.
Does the grandmother have custodial rights? If so, ask the court to give you custody.
Q: Do I have to be a Florida resident for a year before I can file for visitation or for custody of son?
Terrence H Thorgaard's answer
No, you don't. If Florida is the child's "home state" (which generally means that the child has lived in this state for at least six months with a person acting as a parent), and there has not been a previous court case in another state deciding custody issues, you can file in Florida.
No, you don't. If Florida is the child's "home state" (which generally means that the child has lived in this state for at least six months with a person acting as a parent), and there has not been a previous court case in another state deciding custody issues, you can file in Florida.
Q: Non-custodial parent with visitation. Ex-Wife attempting to move child out of state without court approval or notice.
Terrence H Thorgaard's answer
As his attorney will probably advise him, he should also seek a modification of child support. If the mother is was employed until now, and has no assurance of getting comparable employment where she is going, it seems reasonable to compute her child support as though she were still employed, at whatever she was making here.
As his attorney will probably advise him, he should also seek a modification of child support. If the mother is was employed until now, and has no assurance of getting comparable employment where she is going, it seems reasonable to compute her child support as though she were still employed, at whatever she was making here.
Q: Can my ex wife force our kid to go to church? I have legal custody as well, if that makes a difference.
Terrence H Thorgaard's answer
Assuming that you and your ex wife have shared physical custody, generally she can take them to church when you have them, but cannot force you to take them there when you have the children.
Assuming that you and your ex wife have shared physical custody, generally she can take them to church when you have them, but cannot force you to take them there when you have the children.
Q: how much would it cost to get help with doing a minor child last name change?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Florida
on
Answered on Sep 13, 2016
Answered on Sep 13, 2016
Arthur James Mullaney III's answer
The cost of the case would depend on whether both parents agree on the name change. If there is no agreement, there is no way to know the full cost of that litigation since there is no way to know how much time needs to be spent on the case.
The cost of the case would depend on whether both parents agree on the name change. If there is no agreement, there is no way to know the full cost of that litigation since there is no way to know how much time needs to be spent on the case.
Q: Can I get Child Support if I have a Injunction in place to project myself and my child?
1 Answer
| Asked
in
Child Custody, Child Support, Domestic Violence and Family Law
for
Florida
on
Answered on Sep 12, 2016
Answered on Sep 12, 2016
John Arthur Smitten's answer
Yes you are entitled to child support. You should hire a lawyer to represent you in the case.
Yes you are entitled to child support. You should hire a lawyer to represent you in the case.
Q: My daughter had a baby 3 months ago. Ive been caring for both of them. She signed temp custody papers in July.
John Arthur Smitten's answer
The order should go your way. You will have to search the FL Putative Father Registry. You should hire a lawyer to represent you in the case.
The order should go your way. You will have to search the FL Putative Father Registry. You should hire a lawyer to represent you in the case.
Q: Does signing a VPA mean that you've lost your parental rights?
1 Answer
| Asked
in
Contracts, Family Law, Adoption and Child Custody
for
Florida
on
Answered on Sep 12, 2016
Answered on Sep 12, 2016
John Arthur Smitten's answer
You need to file a written revocation of consent and get a lawyer asap.
You need to file a written revocation of consent and get a lawyer asap.
Q: My daughter's father just filed something against me to set up visitation times to pick her up. She's 9 mths.
Arthur James Mullaney III's answer
I don't think it's likely that a judge would let you control the situation. If you think they have not bonded, you should be prepared to have proof - like a doctor's opinion.
I don't think it's likely that a judge would let you control the situation. If you think they have not bonded, you should be prepared to have proof - like a doctor's opinion.
Q: If we are fighting for 50/50 will he still have to pay child support
Sabina Tomshinsky's answer
Even with a 50/50 time-sharing, you can still have child support assessed as child support is based on the Florida's Child Support Guidelines system that takes into account the parents' incomes, the number of children, the number of overnights, the cost of health insurance, the cost of daycare/aftercare and such. Unless all the factors/parents' salaries are substantially the same, there will likely be child support. Also, please note that only the parents' salaries/earnings are taken into...
Even with a 50/50 time-sharing, you can still have child support assessed as child support is based on the Florida's Child Support Guidelines system that takes into account the parents' incomes, the number of children, the number of overnights, the cost of health insurance, the cost of daycare/aftercare and such. Unless all the factors/parents' salaries are substantially the same, there will likely be child support. Also, please note that only the parents' salaries/earnings are taken into...
Q: My ex and I share legal custody of our kids
Terrence H Thorgaard's answer
Unfortunately, no. Your child, if a minor, is theoretically subject to his parent's control. Unless you assert a position siding with the child, the child would have to obey his father.
Unfortunately, no. Your child, if a minor, is theoretically subject to his parent's control. Unless you assert a position siding with the child, the child would have to obey his father.
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