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Florida Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Arbitration / Mediation Law and Family Law for Florida on
Q: Can I move over 50 miles and change my child's school without co-parent's consent?

I am planning to move to a new location that is approximately 50 miles away in driving distance and 36 miles as the crow flies from the original address specified in the Final Judgment/Parenting Plan executed three years ago. Since the judgment, I've had two moves that stayed within 50 miles... View More

Connor J. Frontera
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answered on Nov 1, 2025

According to the statute, relocation only applies if the distance is exactly 50 miles away or more. You stated that the new residence is approximately 50 miles away. There is case law that states that 49 miles is perfectly fine. See Dickson v. Dickson, 169 So. 3d 287 (Fla. 5th DCA 2015). The... View More

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3 Answers | Asked in Divorce, Child Support, Child Custody, Foreclosure, Family Law and Real Estate Law for Florida on
Q: What steps should I take if my ex isn't following the divorce decree?

My ex-husband is not complying with our divorce decree. He refuses to use the court-ordered Talking Parents app for communication when visiting our kids. He stopped making payments on the marital home, forcing me and the children to move due to foreclosure. Additionally, he hasn't made child... View More

Connor J. Frontera
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answered on Nov 2, 2025

You can and should file a motion for contempt with the court. A motion for contempt lets the court know that the other party is not complying with the previous court order. Make sure to gather all evidence so that when it comes time to present the evidence to your lawyer or court, you already have... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Should I route extra child support through the website for accountability and address custody issues?

I have 50/50 custody of my daughter with my ex. However, about six months ago, my daughter stopped spending time with me. I've been giving extra financial assistance directly to my daughter's mother in addition to the court-ordered child support. We are not on speaking terms and disagree... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 2, 2025

Based on your description of the relationship you should be sending all support through the depository. Regarding timesharing, if the mother will not cooperate then you need to file a motion with the court for you and your daughter to go to therapy. Alienation is a tricky issue so it is important... View More

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: How do I start the process to file for joint custody in Florida with no existing court orders?

I'm seeking to start the process of filing for joint custody of my child in Florida. There are no existing court orders, and both parents have been actively involved in the child's life. There are no pending divorce or separation proceedings, and my main goal is to avoid any future... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 29, 2025

Based on your question I am assuming that you are not married. You need to file a paternity case where you and the child live. At the end of the case you will have a parenting plan detailing all rights and responsibilities regarding the child. There will also be a child support calculation. Speak... View More

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2 Answers | Asked in Child Support, Child Custody and Family Law for Florida on
Q: Struggling with child support and parenting plan modification in FL.

My son's father has recently hired an attorney, and I'm struggling with a child support issue. My son is currently living with me, but I can't afford to both support him and pay child support as required by the current court order. I've attended a child support hearing to... View More

Veronica LaVerne Robinson
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answered on Aug 9, 2025

Yes, this is troubling and one in which I do not have an immediate answer because the scenario you described is unclear. It sounds like the current court ordered parenting plan requires your son to live with the father for 100% or majority timesharing and you are the person obligated to pay child... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my friend be jailed for refusing visitation in a Florida paternity case?

I'm looking for legal advice for a friend in Florida, Duval County. He was named in a paternity suit as the father of a child born in 2024, with court orders for child support and visitation, despite no court-ordered paternity test. The paternity result was based solely on an at-home swab and... View More

Destardes Moore
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Destardes Moore
answered on Aug 3, 2025

Incarceration is a potential remedy in Florida through contempt proceedings if he willfully fails to comply with court orders. However, he may petition the court to address the paternity question under Florida Statutes, request modification of visitation due to harassment and changed circumstances,... View More

1 Answer | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Florida on
Q: What documents are needed for divorce with minors in Florida, requesting supervised visitation?

I am preparing to file for divorce in Florida, and I need guidance on the necessary documents as my spouse and I have minor children involved. I do not know my spouse's income, and I am requesting supervised visitation due to my spouse's history of alcohol abuse, attempted suicide while... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 22, 2025

You do not need those documents at the time of filing. Once the case is filed both parties will be required to exchange financial information. Regarding supervised timesharing, you will need to present evidence to the court that it is not in the children's best interest to be alone with the... View More

1 Answer | Asked in Child Support, Child Custody, Gov & Administrative Law and Family Law for Florida on
Q: Child support case petitioner seeks advice on final judgment after respondent default and hearing preparation.

I'm the petitioner in a child support case where an administrative order by the Department of Revenue was issued, requiring me to pay $1000 a month to the mother of my child. A week after this final order, I filed a petition in circuit court for a Timeshare Parenting Plan and child support.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 22, 2025

Unfortunately defaults on issues involving children do not carry much weight. You need to be prepared to present the parenting plan and timesharing that you want to exercise moving forward. Child support, administrative or otherwise, is based on each party's net income. Have an up to date... View More

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Are studio apartments adequate for custody of young children?

Are studio apartments adequate for a custody arrangement involving my two children, aged 7 and 3, when there are no specific court orders or visitation agreements in place? Both children have their own bed within the apartment.

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 17, 2025

The general legal standard is what is in the best interests of the child. As long as there are suitable sleeping arrangements that are age appropriate then the court will not get involved. Each parent has a right to live within their financial means and share time with their children. Speak with a... View More

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Am I obligated to share vacation details of my child with my ex-wife?

I have a temporary full-time parenting agreement with my ex-wife since she resides in another state, except for summer travel when my daughter visits her. The agreement states we should be "reasonably informed" about our child's whereabouts, but we typically only share general... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 2, 2025

You are only obligated to share as much information about your child's vacation as your parenting plan requires. If your plan specifies you must be “reasonably informed” of whereabouts, the general practice, like sharing dates, location, and contact info, is sufficient, unless your... View More

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2 Answers | Asked in Child Custody, Immigration Law and Family Law for Florida on
Q: How to request sole custody in FL to renew children's passports?

I need to renew my children's passports (ages 7 and 13) while residing in Miami, Florida. I was never married to their father, who lives abroad and rarely contacts us. There has been no court order for custody, and I want to request sole custody to facilitate passport applications. What legal... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 17, 2025

You do not mention whether the father is listed on the birth certificate. If he is not then you are in full control. If he is listed then you can try to apply for the passports and explain that you cannot locate the father. Last resort, you can apply to the court for a court order. It would be a... View More

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3 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can my ex-wife take legal action over introducing my girlfriend to our kids under our 50/50 custody agreement?

I'm dating someone and recently introduced her to my children after informing my ex-wife of my intentions. Now, my ex-wife is demanding personal information about my girlfriend, calling her names, and threatening to take legal action regarding custody if I don't comply. Our custody... View More

Destardes Moore
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Destardes Moore
answered on Jun 17, 2025

In Florida, introducing a new romantic partner to children under a 50/50 custody arrangement is not prohibited unless there is evidence that the partner’s presence is harmful or not in the children’s best interests. Courts require a substantial and material change in circumstances to modify a... View More

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2 Answers | Asked in Adoption, Divorce, Child Custody and Family Law for Florida on
Q: Can my wife, who is on adoption papers, take custody after our divorce?

My wife and I are in the beginning stages of adopting my nephew's son. However, we are getting a divorce, and there are no custody arrangements in place. If the divorce is finalized before the adoption is completed, would my wife, who is on the adoption papers but has no biological relation to... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Jun 17, 2025

Your wife's ability to seek custody depends largely on the timing and status of the adoption.

If the adoption is finalized before your divorce, then both you and your wife will be legal parents of the child—regardless of biological connection. In that case, the family court would...
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3 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can an unemployed father take custody of a child from a working mother without legal agreement in Florida?

I am the working mother of a baby and have a home and a safe place for my child to stay while I work. The father is unemployed, refuses to work, and has no stable place to live. We often argue because he does not take care of the child, and he is threatening to take the baby away to live with his... View More

Destardes Moore
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Destardes Moore
answered on Jun 17, 2025

Under Florida law, if the parents are unmarried and paternity has not been established, the mother is considered the natural guardian of the child and is entitled to primary residential care and custody unless a court rules otherwise. The father would not be able to legally take the child from you... View More

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2 Answers | Asked in Child Custody, Civil Litigation and Family Law for Florida on
Q: What can I do if my ex is not following 50/50 custody arrangements?

I have 50/50 custody of my children with their father. The judge initially said one year with him and one year with me, but now they claim every year is with him. They say I can only have the children on Thanksgiving and Christmas, but I live with them and feel I'm missing out on special... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 15, 2025

You have to return to court to enforce the current timesharing as defined in the court order. Neither parent can arbitrarily change the schedule. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: How can I pursue a legal custody agreement and address co-parenting and domestic violence challenges safely?

I co-parent with my child's paternal grandmother instead of his father, who hasn't worked for over a year despite having several skills. I'm the primary caregiver according to child support documents, but there is no legal custody agreement, and he's ordered to pay $0 in child... View More

Pamela J. Fero
Pamela J. Fero
answered on Jun 4, 2025

You do have options under Florida law to pursue legal custody, establish parental responsibility, and protect yourself and your child even with a past felony or the father’s veteran status. Although you're currently co-parenting informally with the child’s paternal grandmother and the... View More

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2 Answers | Asked in Child Custody, Child Support, Contracts and Family Law for Florida on
Q: What should we do if the child's father, not legally established, threatens custody over visitation disagreements?

My daughter is not married to the father of her 5-year-old daughter. She recently signed a Power of Attorney of a Child for my husband and me, allowing us to care for her daughter. The father is named on the birth certificate but has not legally established paternity. The child has been living with... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 25, 2025

Tha father’s threats are meaningless until he files a paternity action in court. At that point he will be responsible for child support going back two years and forward. He will also be entitled to a parenting plan which will include a specific schedule for timesharing (visitation). Speak with a... View More

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: What rights do I have to regain custody of my daughter?

I am my daughter's biological mother, and her stepdad had temporary custody. Recently, her biological father, who has been absent for the past 5 years, obtained a court order and took her from her stepdad's home unexpectedly. There is no existing court order involving custody between her... View More

Veronica LaVerne Robinson
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answered on May 19, 2025

Good day,

Your rights to get back your daughter depends upon the type of court that gave an order to the stepfather and the type of court that the gave an order to the biological father. For instance, if DCF is involved or if it is family court. You may need to join the cases so that there...
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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I take my child home with me after hospital stay or does she need to spend the night with her father?

I am the primary caregiver for my child and have been with her during a two-week hospital stay for her surgery. I signed all the necessary paperwork and stayed overnight, taking time off work. Our custody agreement states she lives with me, attends school in my town, and visits her father three... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 17, 2025

These are the types of issues that the court expects you to work out directly with the other parent. Legally you are supposed to follow the parenting plan. Both parents are expected to do what is best for the child. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: How to respond to parenting plan change request after moving without court notification?

I have been served papers for a change in our parenting plan in Marion County. I have recently moved, but I continue to follow the current plan and spend time with my daughter. The mother has requested changes due to my move and other unspecified reasons. What should be my response to the requested... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 8, 2025

You should respond to the allegations with reasons why you oppose the changes requested. You are allowed to move so long as it does not disrupt the child's schedule or schooling. Your only legal obligation is to notify the other parent when you move of your new address. Speak with a local... View More

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