Florida Child Custody Questions & Answers

Q: Unseal false sexiallial abuse of a child

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Florida on
Answered on May 29, 2017

Please ask your question using a complete sentence. Apparently you are in Florida and you want to, for some reason, "unseal" documents relating to a false charge of sexual abuse of a child. Are these documents filed in Florida or in Texas? If it's the later, you would want to ask this question in Justia › Ask a Lawyer › Texas.
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Q: Me and the father of my child are not married, but are living together,can I legally move to another city/state with her

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on May 25, 2017

Yes, you may since by default, the mother of a child born to unmarried parents has all the time-sharing rights and decision-making authority over the child. The father has no rights until he pursues a paternity action. However, if the father files a paternity action within 6 months of your out of state move, the Court may require you to return the child to Florida. All the best.
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Q: How much does visitation change in the state of fla, before the other parents support drops? Other parent gets 50 night

1 Answer | Asked in Child Custody for Florida on
Answered on May 17, 2017

In Florida when you have 33% or more overnights, it is a reason for the child support to be reduced. There is a child support formula that is applied and the number of overnights are plugged into the calculation. Good luck.

Sincerely,

B. Elaine Jones, Esq.
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Q: If a couple is not married does the mother have sole custody of the child until legal paperwork is signed by a judge

1 Answer | Asked in Child Custody for Florida on
Answered on May 13, 2017

Under Florida law a child born to an unwed mother, the mother is considered the n

atural parent of the child and has all rights to the child until the father is declared the father by a family law court. You should consult with a family law attorney near you.

Sincerely,

B. Elaine Jones, Esq.
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Q: I just found out that my girlfriend that broke up with 3 years ago had my son

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Child Support for Florida on
Answered on May 11, 2017

You need a paternity action filed immediately. This is too important to try to do it by yourself. I strongly advise that you utilize the services of an experienced family law attorney. You need to figure out how to borrow money for this purpose. This is your child's future we are talking about.
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Q: Do I have to fill out the mom's section of income in a child visitation/support case?

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on May 10, 2017

It appears from your post that you are referring to a financial affidavit in a paternity action. When you file your action for paternity with the financial affidavit, that financial affidavit should reflect your monthly financial snapshot - it should contain your income and such. When the mother is served with this action, she will also have to complete her own financial affidavit. If the mother does not work, at the very least minimum wage would be imputed to her for child support calculation...
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Q: My son has decided to live with his dad. Can I request I pay him the same amount of child support that he has paid me?

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on May 10, 2017

You can ask but, if the dad insists, the child support should be recalculated on the basis of both parties' income, etc.
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Q: If I'm 18, mom dead, all dad's long gone, could I keep my brothers and sisters without them being taken away?

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on May 7, 2017

Perhaps. You would file a petition to be appointed guardian by the court.
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Q: I am representing myself in a modification of child custody. The respondent submitted 3 answers to the supplemental,

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on May 5, 2017

Supplemental what, interrogatories? If the other party denied some of them, clearly you would, at some point, move forward and ask for an evidentiary hearing to get the court to determine what is correct.
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Q: What is the qualification for Civil Indigent Status? My brothers girlfriend filed for child support for anoutrageous

1 Answer | Asked in Child Custody, Child Support and Civil Rights for Florida on
Answered on May 1, 2017

This would be a civil, not criminal case. Therefore whether or not he is indigent, he is not entitled to a free attorney.

Whether or not he is allowed visitation with the child doesn't affect how much child support he is required to pay.
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Q: I have 50/50 custody of my children. As per the parenting plan I get them every Sunday at 4pm but their mom

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Apr 30, 2017

You should consider pursuing a Motion for Contempt/Enforcement. Good luck!
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Q: Do I have to advise my exhudband where my children spend the night?

1 Answer | Asked in Divorce and Child Custody for Florida on
Answered on Apr 30, 2017

Yes. The parent always has the right to know where their clild is.
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Q: Regarding child support

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Apr 30, 2017

There is an Application for Determination of Civil Indigent Status. If you qualify for civil indigence, then the Court's filing fee would be waived. This means that if, for example, you would be filing a paternity action and such, you would then not be required to pay the filing fee for that action.
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Q: I have a case with my ex in broward but I live in orlando. He took my son when I move here. I have to move because a evi

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Apr 27, 2017

You indicate that you have a case in Broward County and the judge told you to come back. You would come back to the Broward County judge, when a motion has been properly scheduled and noticed.
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Q: Does a 14 year old has the right to say where and who she wants to live with even if the person is a cousin

1 Answer | Asked in Family Law, Adoption, Child Custody and Education Law for Florida on
Answered on Apr 26, 2017

No, a 14 year old does not have the right to choose where he or she wants to live. If there are this many issues at home, I suggest filing a report with DCF and and trying to get guardianship.
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Q: I'm wanting to relocate, but wanting to know if I would be able to since i am divorced with a child.

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Apr 26, 2017

Per Florida statute you can move within 50 miles of the principal place of residence att he time of the last order establishing or modifying time-sharing, without permission of the court. You would still need to get the child to his or her school, per the parenting plan. If you wish to move outside of this 50 miles, then you would need to petition the court for relocation, unless you and your ex can agree to the relocation. An agreement to relocate must be written, define an access or...
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Q: Can a 16 year old in Florida decide to leave one parents house and move to the others without any legal intervention?

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Apr 24, 2017

If his father has a court degree giving him custody, he could in theory ask the court to enforce that decree. If what you say is correct, and you can so prove it, it is doubtful that the court would enforce it.
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Q: Can an unwed father win custody over that baby's mother

2 Answers | Asked in Family Law and Child Custody for Florida on
Answered on Apr 17, 2017

He has rights to time sharing with the child. Also, the child is entitled to child support. If he filed a paternity action, you need to respond. The court will ultimately enter a parenting plan and will set child support. It is recommended that you hire an attorney. Depending on both parties' income, he may have to pay all or part of your legal fees.
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Q: I live in the State of Florida my husband lives in the state of Indiana we have a two-and-a-half-year-old child together

1 Answer | Asked in Child Custody for Florida on
Answered on Apr 15, 2017

You need to ask this question in "Justia › Ask a Lawyer › Indiana › Child Custody" because evidently your husband has filed a custody-related lawsuit in Indiana. The Uniform Child Custody Jurisdiction and Enforcement Act is the law in both Indiana and Florida, and it may apply. It provides that a child's "home state", for jurisdiction purposes is where her or she has last lived for six months. It is not clear from what you have written which state that would be. You need to contact an...
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Q: My son's father is telling me that I have to legally tell him I am moving, but we do not have custody papers?

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Answered on Apr 14, 2017

If you were not married to the father of the child when you had your son and thereafter did not marry him and there is currently no order regarding time-sharing (custody), then by default you have all the time-sharing rights and decision-making authority over your child and, as such, you may move without permission from and notice to the biological father. In order for the father to have rights to the child, he would have to pursue an action for paternity. However, please keep in mind that...
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