Florida Child Custody Questions & Answers

Q: My dad (sole legal guardian) is going to jail. Can I live independently or do I have to find another guardian?

1 Answer | Asked in Child Custody for Florida on May 4, 2015

Answered on May 5, 2015

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John Arthur Smitten's answer
File a petition to emancipate with the court.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: The father of my kids have my kids, however i have full custody. He will not return them to me. What can i do?

1 Answer | Asked in Child Custody for Florida on May 4, 2015

Answered on May 5, 2015

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John Arthur Smitten's answer
Get a lawyer asap and get a pick up order.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: The mother of my child refuses to let me see my daughter. Where do I start in order to get equal time sharing

2 Answers | Asked in Child Custody for Florida on May 3, 2015

Answered on May 4, 2015

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Robert Jason De Groot's answer
You know that you need to get an attorney for this. You most likely need to file a petition to determine paternity, first.

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Q: What is the best way to proceed in a dcf custody case?

2 Answers | Asked in Child Custody for Florida on Apr 24, 2015

Answered on Apr 25, 2015

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Robert Jason De Groot's answer
You can hire a private attorney to handle the case. The best way to proceed is with a highly experienced attorney.

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Q: My son now has been living with me for about a year now. I have filed a petition for modification. What happens now?

2 Answers | Asked in Child Custody for Florida on Apr 23, 2015

Answered on Apr 24, 2015

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Robert Jason De Groot's answer
Get an attorney on your side. If the parties have agreed on everything, an order should be entered.

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Q: Dad wants temporary timeshare as follows one week mom one week dad how can I appeal this am mom and feel it's to much

1 Answer | Asked in Child Custody for Florida on Apr 21, 2015

Answered on Apr 23, 2015

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Robert Jason De Groot's answer
That has become the standard for children under the age of 5 in many jurisdictions. Your feelings do not count that much, you have to get an attorney to help you with negotiating a resolution.

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Q: Can my ex husband fight for custody? record?

1 Answer | Asked in Child Custody for Florida on Apr 22, 2015

Answered on Apr 23, 2015

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Robert Jason De Groot's answer
Has there been a substantial change in circumstances since the entrance of the final judgment which warrants a change in the time-sharing? If so, yes.

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Q: What paperwork do I need to file for custody

1 Answer | Asked in Child Custody for Florida on Apr 22, 2015

Answered on Apr 23, 2015

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Robert Jason De Groot's answer
You need to get an attorney if you want something done correctly. That is just the way it goes. The father has no rights in the child unless and until he gets to court with a paternity action and gets his rights and responsibilities established through a court order. At the very least go see a family attorney in your area, most offer free initial consultations.

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Q: What precedents site one parent trying to sabotage sobriety of other parent through continuous harassment

1 Answer | Asked in Child Custody for Florida on Apr 14, 2015

Answered on Apr 15, 2015

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Robert Jason De Groot's answer
Sabotage sobriety? What does that mean to you? Lawyers need facts in order to apply the law.

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Q: Can a 15 year old move to his moms even if dad has custody without going to court?

1 Answer | Asked in Child Custody for Florida on Apr 12, 2015

Answered on Apr 14, 2015

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Robert Jason De Groot's answer
The mother probably needs to file a petition for modification. See needs to get an attorney for that.

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Q: I am 16 and i want to live with my father can my mom stop me from leaving because she threatens to call the police?

1 Answer | Asked in Child Custody for Florida on Apr 13, 2015

Answered on Apr 14, 2015

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Robert Jason De Groot's answer
Yes, your mother can stop you from going to live with your father.

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Q: can grandparents with temporary custody leave the state of Florida without permission from the parent and/ or the judge

2 Answers | Asked in Child Custody for Florida on Apr 8, 2015

Answered on Apr 9, 2015

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Robert Jason De Groot's answer
Go see a family attorney in your area. I do not know enough of the actual facts to be able to give you a full answer.

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Q: Im in the middle of a nasty custody case. we have shared holidays, he refuses to share? what can i do about this?

2 Answers | Asked in Child Custody for Florida on Apr 5, 2015

Answered on Apr 6, 2015

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Robert Jason De Groot's answer
Hire an attorney. File a motion for enforcement or contempt and have a hearing on it.

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Q: I let my sons grandparents take him to raise him because I didn't have a good home. Now I do and want him back. How do I

2 Answers | Asked in Child Custody for Florida on Apr 1, 2015

Answered on Apr 2, 2015

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Robert Jason De Groot's answer
You need to see an attorney about this. The attorney will be able to ask questions and get answers from you.

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Q: I gave a friend full custody of my son to better his education what is the process of getting my son bac in the state of

1 Answer | Asked in Child Custody for Florida on Mar 31, 2015

Answered on Apr 1, 2015

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Robert Jason De Groot's answer
You need to go see an attorney. There are not enough facts provided. You cannot legally just give full custody to a friend, to begin with. I need to ask you many questions in order to answer your question fully.

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Q: My daughter recently fled Florida due to domestic violence which included her husband theatening to kill himself

1 Answer | Asked in Child Custody for Florida on Mar 18, 2015

Answered on Mar 24, 2015

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John Arthur Smitten's answer
If the children lived in FL then you have to deal with the case in FL. You can ask for emergency custody and child support.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: My brothers are not being taken care of.I am living in Germany is there any way that i can get custody? Without a lawyer

1 Answer | Asked in Child Custody for Florida on Mar 22, 2015

Answered on Mar 24, 2015

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John Arthur Smitten's answer
You have to come to the USA.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: How difficult is it to change county's SantaRosa to Okaloosa for custody modification ?

1 Answer | Asked in Child Custody for Florida on Mar 19, 2015

Answered on Mar 22, 2015

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Robert Jason De Groot's answer
It depends upon the facts and the reasons for a change in venue. If the parties both reside in the new county, it should not be difficult, but if one still resides in the original county, it will probably not be changed.

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Q: Can my cps investigator tell me to get off suboxone, which I am legally prescribed, in order for me to get my son back?

1 Answer | Asked in Child Custody for Florida on Mar 18, 2015

Answered on Mar 21, 2015

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Robert Jason De Groot's answer
Tell you? Yes. What she said is just her opinion, and it is a good opinion. It is up to the judge.

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