My mother has custody however my mother surrendered my daughter to me in 2018 and decided to cut ties with us. she came back into our lives in 2020 only to create more problems for me. Now in nasty custody battle and we have a hearing for next week to see if my daughter would be returned to her... Read more »
answered on Jun 28, 2022
I really need more background on the case to get an understanding of the nature of the claims being made and the procedural history of that matter. Courts are almost always going to recognize the superiority of a parent over a non-parent. That being said, there are situations such as abuse ,... Read more »
My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52
answered on Jun 28, 2022
I’m not sure if the injunction was a civil one, a DCF injunction or a criminal no contact order. It may be a combination of things. In any event, you need to file an action for dissolution of marriage or a paternity action. I would strongly suggest that you hire a qualified family law attorney to... Read more »
My son has a smartphone that his mother gave to him without discussion with me. The phone has a lock code that his mother will not share with me and she has instructed the child to not share it with me. Our parenting agreement has no mention of cell phones to guide us. I have parental controls on... Read more »
answered on Jun 28, 2022
This is a shared parenting issue and may possibly be addressed in your parenting plan under communications. If not it is still a shared parenting issue . You should consult with a qualified attorney to discuss the situation and give a good analysis as to how to proceed forward
Though I am getting my paralegal degree, I haven't reached family law and I'm scared I am going to lose my case and be placed on child support, and even lose my rights to my daughter. I am reaching out because I need help I'm just a full-time paralegal student mom and cashier who is... Read more »
answered on Jun 28, 2022
You should go to the family law forms website and almost everything is there.
https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms?parentId=669505&sort=form/number%20asc,%20form/date%20desc&view=embed_custom&searchtype=form&limit=50&query=&offset=0
I have a few documents I need from my ex, and 12 questions I want him to answer. In my county we have a printable interrogatories paper, but nothing for the other 2. Not sure how to ask for them, or if there is anything special I have to do. Can I just email my request to his lawyer, or do I have... Read more »
answered on Jun 25, 2022
See the Florida Rules of Civil Procedure, particularly Rules 1.280 through 1.280.
I have a few documents I need from my ex, and 12 questions I want him to answer. In my county we have a printable interrogatories paper, but nothing for the other 2. Not sure how to ask for them, or if there is anything special I have to do. Can I just email my request to his lawyer, or do I have... Read more »
answered on Jun 28, 2022
It’s a really bad idea to represent yourself. The first place you need to look is... Read more »
answered on Jun 24, 2022
Contact a family lawyer to know if you can request for a child custody re-evaluation. You will need to proof that getting your child back is in his/her best interest.
My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I... Read more »
My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I... Read more »
answered on Jun 28, 2022
Sure, you can file a motion for contempt/enforcement. On the other hand, it might be beneficial to consider filing a modification action and pick up some child support along the way. Support should be retroactive to the date she stopped exercising access. Talk to an experienced family law attorney.
Good afternoon, my ex husband and I are divorced. We have a daughter together and she spends every other weekend at his house. He has a relationship with a woman that has three kids and all three kids sleep in the same room because she lives in a two bedroom house. Now he is planning on moving in... Read more »
answered on Jun 20, 2022
The court standard is always "best interests of the child." He does not have to provide a separate room for your daughter at his house. He does need to provide a room that is safe and appropriate for the child. You knowing the other children is not relevant to the court unless they are... Read more »
What forms and what state do I file?
answered on Jun 16, 2022
The you would file in the court which originally awarded you guardianship. It is doubtful that the court has forms for that; you need to consult with an attorney licensed to practice law in that state.
Greetings,
My name is Linda. I am divorced and am living with my 5 years old son. The divorce occurred outside USA, in Albania and the Albanian Court granted me the custody of my son for raise and education. Both myself and my son are Americans, but my ex-husband, the father of my son is... Read more »
answered on Jun 13, 2022
You can try applying for the passport renewal without the other parent's consent first. There is an exception when the other parent cannot be found. Otherwise you will need to "domesticate" your foreign final judgment and then file a motion for the passport issuance. Speak with a... Read more »
My daughter father and i have a 19 year old daughter. we separated in NY in 2003 a year afterour daughter was born. he moved to kansas with a lady he started dating. they have a child who is about 13 now. he was deported back to haiti in 2014. in the next two years he would of been able to do... Read more »
answered on Jun 12, 2022
To inquire about whether your daughter has a chance to get custody of her 13-year-old half-sister, you should ask this question in Justia > Ask a Lawyer > Kansas > Family Law; it has nothing to do with Florida law.
We are legally married but have been separated and living in different states for 3+years(almost 4). He has seen his daughter 3 times since. He asked to have her for the summer. She has special disability and all of her specialists are down here. She also needs MRIs and other important appointments... Read more »
answered on Jun 9, 2022
Contact a family law attorney in your area as soon as possible. You may need to file an emergency Motion for Return of Minor Child.
He has primary custody per our divorce papers as the judge said we got a divorce in 2018 and that’s what it was decided then but Now ge wants full custody because he wants to take kids to another state. Yesterday he told me I was not allowed to pick them up because his lawyer advices him not too... Read more »
answered on Jun 8, 2022
What you are describing sounds like he has filed a Petition for Relocation. Whatever the most recent court order says regarding timesharing is what he has to follow. If the court order (parenting plan) says that you get the kids on day X then he must give you the kids on day X. If he is refusing... Read more »
The battle we have now is he wanting full custody instead of split because he wants to take the kids away from our divorce papers when we got a divorce are set to me having visitation rights every other weekend by court. my sons birthday is coming up and I got in contact with my kids father he told... Read more »
answered on Jun 7, 2022
You are bound by whatever court orders are currently in place. You say that your spouse has "primary custody." Is that in a court order? If you want to see the children and there is no court order then you need to go to court for clarification. Speak with a local family lawyer for more... Read more »
What state holds jurisdiction if I were wanting to modify the child custody arrangement?
my babymama and i have made plans for me to see my son but when they day comes she always come up with the excuse that hes sick. i send her whatever money i have to her for him and constently make plans on seeing him which she cancels day of. in the last two years ive only gotten to see him 5 times.
answered on Jun 2, 2022
If you haven't established paternity (assuming you are not married to your child's mother), you will need to file a petition to establish paternity, custody, timesharing and child support. After finding you to be the legal father, the Court will determine what is in the best interest of... Read more »
answered on Jun 2, 2022
Depending on the county, you may be able to file a motion for contempt or motion for temporary relief. You should consult an attorney in your area.
My son lives with me now full time, his father sees him about an hour or two a day. On his terms.
answered on May 31, 2022
You do not mention if there is a current court order on timesharing. If there is then you need to file a Motion for Modification. You will need to show the court that it is in the child's best interest to have the timesharing that you are suggesting. If there is no current court order then the... Read more »
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