Florida Child Custody Questions & Answers

Q: Is it legal for a relative caretaker to choose which parent to put on child support in Florida?

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Aug 28, 2016

You have not indicated how the CS support case was resolved. I believe that any judgment entered against you should be only for your share of the child support which is rightfully payable. If she doesn't wish to collect her nephew's share of the CS obligation from him, she doesn't have to.
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Q: I am asking for temporary relief to be able to see my 1 year old son, Will the court let me see him?

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Answered on Aug 24, 2016

If your attorney has made a motion for the temporary relief and requested that you be awarded temporary timesharing with your child, the motion must be called up for a hearing. Each case is unique and while its important that you speak with your attorney about the likelihood of you being awarded temporary timesharing with your child.
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Q: My grandchildren were abused by their parents during an unsupervised visit.

1 Answer | Asked in Child Custody for Florida on
Answered on Aug 24, 2016

No. Call Child Protection (the police)
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Q: Who has custody if there is no custody agreement in place?

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Aug 23, 2016

If you were never married to the biological father and there is no order on time-sharing, then you are, by default, the parent with all the time-sharing and sole parental responsibility. The father does not have any rights to time-sharing until there is a parenting plan with time-sharing schedule established as part of a paternity action. If the father refuses to return the child, you may want to consider filing a verified motion for child pick-up order.
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Q: What are the chances of my sons father getting custody when we were never married and I have raised my son all his life?

2 Answers | Asked in Child Custody and Family Law for Florida on
Answered on Aug 20, 2016

It is unclear where you now reside, and if there is currently a custody order in effect.

You indicate that you moved to Florida, yet also indicate that the father doesn't want to pay "traveling fees to Florida from NY". Are you still residing in New York or do you now reside in Florida?

The reason that this is important is as follows: the Uniform Child Custody Jurisdiction and Enforcement Act (the law in both Florida and New York) provides that if a court (such as one in New...
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Q: How to file a notice of Unavailability is there a specific form if so where can i find it.

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Aug 20, 2016

Not all forms are available from the clerk. You may need to draft your own form. Is there a rule or statute which requires the filing of such a form when one is going to be unavailable for such a period of time?
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Q: What form do i need to file to ask for a motion to strike based on false accusations and false claims.

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Aug 19, 2016

If you are already moving to set aside what occurred at a hearing for which you were not given notice (I assume you are the one who asked about this yesterday), that is all you need to do.

You cannot get the court to strike previously-made accusations; if the court has ruled on this accusation, simply tell the court in any response to future motions (and at hearings) that the accusation has already been found, by the court, to be unfounded.
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Q: I need to revist a motion filed in june 2016, and a hearing from june 30 that i was never informed of and didnt know of

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Aug 18, 2016

Move to strike the order. Support your motion with an affidavit setting for the facts you have described here.
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Q: Is it easier for a father to win a custody battle if the child has only been living with me for a few days?

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Aug 18, 2016

Each case for custody is decided on the bests interests of the child and Florida Statute 61.13.

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: What to do if my children's father is arrested and we have shared custody?

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Answered on Aug 18, 2016

File a petition for sole custody.

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: Can some one who has ssi for another child pay child support and how. Can I terminate my rights to my children

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Aug 18, 2016

You cannot just sign off on your kids there has to be an adoption or a court 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: What is the difference between physical and legal custody?

1 Answer | Asked in Child Custody and Divorce for Florida on
Answered on Aug 16, 2016

Physical custody (which is now referred to as your time-sharing with the child) pertains to where the child will actually live and legal custody pertains to your decision-making authority over the child, which is typically shared; parents typically jointly make decisions as to the child's education, health and activities.
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Q: What rights do I have with Power of Attorney on behalf of my granddaughter who has lived with me for a year?

1 Answer | Asked in Child Custody for Florida on
Answered on Aug 15, 2016

Don't let him browbeat you. This needs to be decided by the court. Contact an attorney who deals with family law matters.
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Q: I have been.living.in.florida for a year and a half. .

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Aug 15, 2016

Do you have court-ordered custody? If not, be sure you do so in Florida before you allow your son to go. That way if you have to seek court assistance to get the boy back, you will be able to seek a Florida court contempt order which the New York courts will enforce.
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Q: Can I request sole custody, alimony/spousal support and child support without filing for divorce in FL?

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Answered on Aug 14, 2016

No. What you are asking for is a legal separation, which is not an available remedy in Florida. File for divorce and child support.
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Q: is it a Fl law, Does a custodial parent with a child have to stay within 45 miles of the other parent

2 Answers | Asked in Divorce and Child Custody for Florida on
Answered on Aug 13, 2016

If your parenting plan/Court Order is silent on the matter, you should refer to Section 61.13001 of the Florida Statutes, Parental Relocation with a child. Pursuant to this section, “Relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of...
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Q: Does a custodial parent with a child have to stay within 45 miles of the other parent?

1 Answer | Asked in Child Custody for Florida on
Answered on Aug 12, 2016

It depends on the terms of the custody order.
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Q: My ex husband is trying to take my parenting time away based on my oldest daughters arrest record.

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Aug 10, 2016

And what is your question?
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Q: I gave temp custody to my mom.can the biological father who's on birth certificate just go take him from my mom?

1 Answer | Asked in Child Custody for Florida on
Answered on Aug 8, 2016

If custody was never litigated, each natural parent (you and the father) has custodial rights. You delegated your rights to your mother, but the father didn't delegate his. So yes, the father can exercise his right to custody.
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Q: My ex will no longer accept emails for our regular ongoing communication about the children. He insists on texts only.

1 Answer | Asked in Communications Law, Internet Law, Family Law and Child Custody for Florida on
Answered on Aug 2, 2016

I suggest that you refer to the provisions of your parenting plan and/or final judgment that pertain to communication between the parents on the default communication methods. If both email and text were checked, typically email is used for long/substantive messages and texts are used for short messages. There are also several online programs that parents may choose to use to communicate; a Court may also modify your mode of communication upon a proper pleading before it. So I would first refer...
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