Florida Child Custody Questions & Answers

Q: We had 50/50 custody. We moved. Now we're back can the mother leave with the child to another state?

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

I'm not understanding how you were able to go to Michigan for a year without modifying the time sharing plan.

But assuming that this plan is still in effect, the mother cannot refuse your husband his visitation as specified in the plan. He needs to go to court to enforce it.

He should also ask that the child support he is obligated to pay be modified.
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Q: If I take my kids and leave my husband to live permanently elsewhere without a custody arrangement, is that kidnapping?

2 Answers | Asked in Child Custody and Divorce for Florida on
Answered on Sep 28, 2016

Florida Statute 787.03 (2) does provide as follows:

"(2) In the absence of a court order determining rights to custody or visitation with any minor or with any incompetent person, any parent of the minor or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that minor or incompetent person within or without the state with malicious intent...
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Q: I moved out of state with my kids with my husband's permission -

1 Answer | Asked in Child Custody for Florida on
Answered on Sep 27, 2016

It depends on the children's' "home state". That generally means where they have lived for the past six months or longer. If it's been six months or more since you moved, jurisdiction for custody adjudication would be where they live now.
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Q: sons father&I moved from Ny to Fl we have a custody agreement in NY If I wanted to move back with son would still stand

1 Answer | Asked in Child Custody for Florida on
Answered on Sep 25, 2016

If there is no Order that supersedes the NY order then the NY order still stands.
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Q: Can I take my child out of state or the county. With out other parents permission or can he?

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Sep 25, 2016

You have to get a court order to relocate greater than 50 miles. You should hire a lawyer to represent you in the case.
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Q: My baby god parents trying to take my son cause we move away

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Sep 25, 2016

They do not have any sort of a case. Simply ignore her rantings.
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Q: I am 6 mo pregnant and filing for divorce. What is a reasonable time sharing schedule for a newborn?

1 Answer | Asked in Child Custody and Divorce for Florida on
Answered on Sep 22, 2016

Do you have any evidence that you are better at taking care of a newborn baby than he is?
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Q: My daughter which is17 and just find out she is with child lives with her grandma but wants to come live with me .

1 Answer | Asked in Child Custody for Florida on
Answered on Sep 22, 2016

Does the grandmother have custodial rights? If so, ask the court to give you custody.
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Q: Do I have to be a Florida resident for a year before I can file for visitation or for custody of son?

1 Answer | Asked in Child Custody for Florida on
Answered on Sep 20, 2016

No, you don't. If Florida is the child's "home state" (which generally means that the child has lived in this state for at least six months with a person acting as a parent), and there has not been a previous court case in another state deciding custody issues, you can file in Florida.
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Q: Non-custodial parent with visitation. Ex-Wife attempting to move child out of state without court approval or notice.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Answered on Sep 17, 2016

As his attorney will probably advise him, he should also seek a modification of child support. If the mother is was employed until now, and has no assurance of getting comparable employment where she is going, it seems reasonable to compute her child support as though she were still employed, at whatever she was making here.
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Q: Can my ex wife force our kid to go to church? I have legal custody as well, if that makes a difference.

1 Answer | Asked in Child Custody for Florida on
Answered on Sep 13, 2016

Assuming that you and your ex wife have shared physical custody, generally she can take them to church when you have them, but cannot force you to take them there when you have the children.
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Q: how much would it cost to get help with doing a minor child last name change?

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Answered on Sep 13, 2016

The cost of the case would depend on whether both parents agree on the name change. If there is no agreement, there is no way to know the full cost of that litigation since there is no way to know how much time needs to be spent on the case.
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Q: I have full custody of my son court ordered but maternal grandmother has half brother and says she will sue

1 Answer | Asked in Child Custody for Florida on
Answered on Sep 12, 2016
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Q: Can I get Child Support if I have a Injunction in place to project myself and my child?

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Answered on Sep 12, 2016

Yes you are entitled to child support. You should hire a lawyer to represent you in the case.
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Q: My daughter had a baby 3 months ago. Ive been caring for both of them. She signed temp custody papers in July.

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Sep 12, 2016

The order should go your way. You will have to search the FL Putative Father Registry. You should hire a lawyer to represent you in the case.
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Q: Does signing a VPA mean that you've lost your parental rights?

1 Answer | Asked in Contracts, Family Law, Adoption and Child Custody for Florida on
Answered on Sep 12, 2016

You need to file a written revocation of consent and get a lawyer asap.
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Q: My daughter's father just filed something against me to set up visitation times to pick her up. She's 9 mths.

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Sep 12, 2016

I don't think it's likely that a judge would let you control the situation. If you think they have not bonded, you should be prepared to have proof - like a doctor's opinion.
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Q: If we are fighting for 50/50 will he still have to pay child support

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Sep 8, 2016

Even with a 50/50 time-sharing, you can still have child support assessed as child support is based on the Florida's Child Support Guidelines system that takes into account the parents' incomes, the number of children, the number of overnights, the cost of health insurance, the cost of daycare/aftercare and such. Unless all the factors/parents' salaries are substantially the same, there will likely be child support. Also, please note that only the parents' salaries/earnings are taken into...
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Q: My ex and I share legal custody of our kids

1 Answer | Asked in Child Custody for Florida on
Answered on Sep 6, 2016

Unfortunately, no. Your child, if a minor, is theoretically subject to his parent's control. Unless you assert a position siding with the child, the child would have to obey his father.
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Q: What am I obligated to do?

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Sep 5, 2016

You should hire a lawyer to assist you with the case.
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