Florida Child Custody Questions & Answers

Q: How can I keep full rights to my son?

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Feb 20, 2017

Parents have constitutionally protected rights regarding their relationship with their children. Unless there is some legitimate reason to restrict the father's contact it is likely the father will be entitled to and should receive visitation including overnight visitation. However, when the child is very young and/or a newborn and during the time you are nurturing and breast-feeding the child-- if that is the case-- that would be one potential reason to limit the contact to ensure the child...
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Q: Can i move? Staying withing 50 miles of my last residance, and no permenant parenting plan.

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Feb 19, 2017

Check out the relocation statute 61.13001. Since you are still in the midst of litigation you should consult an attorney to discuss strategies and ways to accomplish your ultimate goals regarding a parenting plan with the father.
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Q: can my ex force me to go to NJ to fight for custody of our children if she had previously signed away custody in FL

1 Answer | Asked in Child Custody for Florida on
Answered on Feb 19, 2017

If the Florida court entered a final order, the New Jersey court doesn't have jurisdiction. Check the Florida court file (contact the clerk or look online) to see if the judgment is in there.
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Q: I pay child support for two teenagers, they recently moved in with me with their mother's blessing. Still have to pay?

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Feb 16, 2017

You should prepare a stipulated motion and order modifying the child support and timesharing plan and file it with the court. I recommend you have an attorney prepare the necessary paperwork.
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Q: I have custody and just recieved a job offer in Japan. Mother doesn't pay child support. Custody in duval. Am I ok to go

2 Answers | Asked in Child Custody for Florida on
Answered on Feb 16, 2017

Whether or not she is current with child support is immaterial. The issue is what the custody order says about custody and visitation. Presumably she has some sort of custody or visitation rights. If so, moving the children to Japan would probably interfere with that. You should file a motion with the court that you be permitted to take the children with you.
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Q: I just filled for child support today and I was trying to see how it works and what is the process I have a 4 year old &

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Feb 14, 2017

Contact your local Department of Revenue
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Q: My children's mother agreed to let me take them every weekend in text. Is that an agreeable contract if we both agree

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Feb 9, 2017

No, that is not enforceable. You need to get a petition filed for time sharing, so that you have a court order, to protect your rights. You should hire a lawyer to do that for you.
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Q: Exwife is dating man 6 arrests for domestic violence (battery, aggravated stalking). What can I do? Can I get full cust?

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Answered on Feb 3, 2017

It is possible to keep your kids away from this man. But, in order to answer your question, I would need more information. Feel free to call me to further discuss you matter.
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Q: during a joint custody battle should i still allow visitation to the other parent or wait until the case is settle.

1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Answered on Feb 2, 2017

Need more information to answer your question. This would require a phone call. Feel free to call me to discuss your question. Thank you.
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Q: My baby was brought by her father with bruises and adult size bit marks and bump on the back of her head..

1 Answer | Asked in Family Law, Criminal Law and Child Custody for Florida on
Answered on Feb 2, 2017

Please call me later this afternoon. 954-776-2320. I want to help you.
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Q: paternity

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Jan 31, 2017

If they knew where you were all these years and never pursued this or if they knew or should have known that you could have been the father and never pursued it, you may have a laches defense (which is similar to a statute of limitations statute). You need to speak with and/or hire a family law attorney, especially if she files something with the courts and you get served.
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Q: In fla if your mother was given temporary custody of your daughter (who is partially disabled )years ago and she

1 Answer | Asked in Child Custody for Florida on
Answered on Jan 31, 2017

Depends on her disability and what the prior order says. Generally, she is an adult now, so it shouldn't matter, unless her disabilities deem her mentally incapable.
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Q: So Dcf gave me my kids back an i just had a set of twins , Can they take those babies ?

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Jan 31, 2017

Each case is decided on a case by case basis. If you are allegedly abusing or neglecting your children or allowing others to do so, then yes, they can.
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Q: If i share split custody but the other parent wont give me my time with the child what can i do about that?

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Jan 28, 2017

File a petition for contempt/enforcement. You should hire a lawyer to represent you in the case.
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Q: Is there a motion I can file to have my children placed back in my care and out of DCF custody?

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Jan 28, 2017

Petition for return of the child. You should hire a lawyer to represent you in the case.
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Q: I have been seperated from my husband for 15 years. We have a 16 yr old son. My son was staying with him until December

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Jan 22, 2017

File a petition with the court for custody of the child
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Q: If the courts are petitioned on the same dates for the same custody case?

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Jan 22, 2017

Illinois is where the case will be heard.
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Q: Does Dependency Ruling over rule (trump) Family court? If so for how long?

1 Answer | Asked in Child Custody for Florida on
Answered on Jan 22, 2017

Dependency Court will override family court so long as that case is open.
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Q: I have a question about moving out of state with my children when my husband and I separate.

1 Answer | Asked in Child Custody and Divorce for Florida on
Answered on Jan 22, 2017

You cannot file for dissolution in Florida unless you have lived here at least six months. Additionally, a Florida court would not have jurisdiction to award child custody or visitation unless the child has lived in this state for six months. If you make sure your husband knows where the children are, you should have no legal impediments regarding moving back to New Hampshire before the six month period has elapsed.
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Q: my son and his mother moved out of the state and i didnt find out until 3 weeks later when her mother informed me.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Jan 17, 2017

If you were never married to the mother of your son and there is currently no order on time-sharing, then by default the mother has all the rights to time-sharing and all the decision-making authority over your son. For you to get rights to your son, you need to pursue a paternity action right away where you can seek the return of your child. I strongly urge you to consult with an attorney on moving forward with a paternity action right away to ensure Florida remains your child's home state....
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