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Florida Child Custody Questions & Answers
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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3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: How can I secure equal rights to my children if my relationship ends in Florida?

I have two children with the same woman, and we are not married. My name is on both birth certificates. Our relationship seems to be ending, and I want to ensure I have equal rights to our children if we split up. Currently, we have no formal visitation arrangements, but we live together and share... View More

Daniel A Bachert
Daniel A Bachert
answered on May 5, 2025

By being named on the birth certificate you are recognized under Florida Law as being a natural guardian of the children with the same parental rights and responsibilities as the mother. However, that just means that each of you as parents have the right to deny the other parent access to the... View More

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2 Answers | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Florida on
Q: Looking for advice on 50/50 custody case in final stages, West Palm Beach, FL.

I'm looking for a family law attorney in West Palm Beach. My case, which I have managed with the help of a paralegal up to now, is at the mediation stage where we couldn't agree on a 50/50 custody arrangement. There are no court dates set, and there aren't any specific concerns... View More

Daniel A Bachert
Daniel A Bachert
answered on May 2, 2025

Based upon what you have stated it would seem to be time to prepare for final trial, the court must be advised that the action is ready for trial and a court date will be set. Expect that date to be somewhere in the next four to six months. If there is no agreement regarding time sharing or a... View More

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3 Answers | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: How do I transfer a child custody and support case from Colorado to Florida?

My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 1, 2025

If you are in the process of Florida adopting the child support order then you are already doing what you need to. A parent cannot simply relinquish their rights to a child. The father will be responsible for child support until the child turns 18. Speak with a local family lawyer for more specific... View More

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3 Answers | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: How do I transfer a child custody and support case from Colorado to Florida?

My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More

Daniel A Bachert
Daniel A Bachert
answered on May 2, 2025

The Colorado Final Judgement would need to be domesticate in Florida and there is a specific procedure to properly accomplish the same. Unless your daughter is going to be adopted by a step parent or someone else with you it is doubtful that your former husband would be permitted to voluntarily... View More

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3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Seeking advice on sole custody application and parental rights termination in Florida.

I am considering applying for sole custody of my 9-year-old child. There are currently no existing custody or visitation court orders in place. My child's father has been absent for most of her life, having met her only twice and not initiating contact or visits. He pays child support through... View More

Veronica LaVerne Robinson
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answered on Apr 28, 2025

Thank you for your question. Based on what you described, you may have strong grounds to seek sole parental responsibility (what Florida calls "custody") because of the father's long absence. However, because there is an existing New York child support order, it’s important to... View More

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3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Seeking advice on sole custody application and parental rights termination in Florida.

I am considering applying for sole custody of my 9-year-old child. There are currently no existing custody or visitation court orders in place. My child's father has been absent for most of her life, having met her only twice and not initiating contact or visits. He pays child support through... View More

Daniel A Bachert
Daniel A Bachert
answered on Apr 28, 2025

From what you describe you basically have sole custody of your daughter now, so I'm not quite sure what you are hoping to gain by filing an action for the same. While it is true that the father is free to file a Petition to establish his parental rights and obtain time sharing any time he... View More

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4 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I start a custody petition in Florida after moving from California, with kids attending school here?

I was divorced in California, where we only had a temporary custody arrangement. I moved to Florida 3 years ago, and the mother of my children moved here 5-6 years ago. We have been sharing custody informally in Florida, with my oldest attending school for 5 years here. The mother now wants to move... View More

Neyza Guzman
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answered on Apr 23, 2025

Hi! Based on just the facts presented, a Petition can definitely be filed in the State of Florida if the minor children have resided here for a period of at least 6 consecutive months - however, the case in California would need to be reviewed to determine the appropriate steps. It is important to... View More

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4 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I start a custody petition in Florida after moving from California, with kids attending school here?

I was divorced in California, where we only had a temporary custody arrangement. I moved to Florida 3 years ago, and the mother of my children moved here 5-6 years ago. We have been sharing custody informally in Florida, with my oldest attending school for 5 years here. The mother now wants to move... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 23, 2025

Yes. Fiie a modification together with the California order. Be sure to file before she moves. As long as the children have lived in Florida for the past six months, the court in Florida has jurisdiction to decide what happens. Speak with a local family law attorney for more specific advice.

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3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is one parent's consent enough for minor child counseling in Florida?

In Florida, do you need consent from both parents to send a minor child under 13 to counseling, or is one parent's consent enough? The parents never married, do not live together, and there is no court order for custody. The child has been with the mother since birth, and the father, who is on... View More

Destardes Moore
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Destardes Moore
answered on Apr 18, 2025

In Florida, the Mother's consent for the minor child to receive counseling is sufficient. Some providers may seek to obtain consent from both parents; however, if the Father does not have parental responsibility, providing the counselor with the child support order designating the Mother with... View More

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