Can I take my child out of state, if a restraining order is on me from my soon to be ex wife? I haven’t seen my child in a couple of months.
answered on May 31, 2023
You may hire a lawyer in one state, even if you live in another. You really should since you appear to be subject to a restraining order which may be controlling over your parenting rights until you can get an order more specifically setting out those rights. The specific language of the... Read more »
We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?
answered on May 22, 2023
If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... Read more »
My 3 children & I live in Florida for last 9 years while their mother has lived in Michigan. We have never been though court system. If I let the kids visit for a month this summer does she have to give them back ? Would a notary or a note for the mother be evidence of her promising to bring... Read more »
answered on May 15, 2023
If you let them leave without a written agreement or something filed with the court you are stuck with the "honor system." If, in fact, she refuses to return the children, you would be forced to go to court here in Florida and fight for their return. You would have a strong case based on... Read more »
STEM program is only 1 hour away from the mothers house. Fathers house is 36 mintues away and is able to take and pick up child from school if he had majority custody. The mother has no job, and is fully capable of taking and pikcing up child from the STEM program, but refuses to for unknown... Read more »
answered on May 7, 2023
You would not need to have majority custody. You would only need to have final decision-making over educational decisions. You could file a motion in the same court where the initial parenting plan or schedule was entered and ask to have it modified or ask to have the court determine if the STEM... Read more »
I filed for divorce in feb. when I did the first package the family affidavit was file . The judge order mediation but her lawyer didn’t submit her affidavit till this morning which I couldn’t see till after mediation which we didn’t agree to anything! I emailed the lawyer asking her for the... Read more »
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answered on May 23, 2023
Both parties are required to provide mandatory disclosure to the other party. Florida Family Law Rule 12.285 states what documents are required to be provided to the other party and the time frame for production. If a party fails to provide said disclosure, the opposing party can file a motion to... Read more »
We executed a parenting plan during divorce proceedings last year. I am the mom and I could request up to 3 drug tests (hair follicle) from the Father - if positive, it suspends his timesharing until he provides two clean tests within the same week. Father has tested positive for cocaine, which... Read more »
answered on May 2, 2023
If you are seeking sole parental responsibility for your child, you can file a motion to modify your parenting plan with the court. You will need to provide evidence of factors such as alcohol or drug abuse, negligence, or domestic violence against the father in order for the court to consider... Read more »
He is only seeking every other weekend. Which leaves me all the school days. I cannot call out every time out 4 and 6 year old are sick. Can an arrangement be put into our custody agreement to where we need to alternate sick days if the kids are sick? Even if it’s during the week?
answered on May 2, 2023
Unfortunately, the way it usually works is if it is your timesharing day then you are responsible for child care. If dad has a school day and they are sick then he is responsible, same for you. You can try to address this issue financially (through child support or otherwise) so that you can afford... Read more »
We executed a parenting plan during divorce proceedings last year. I am the mom and I could request up to 3 drug tests (hair follicle) from the Father - if positive, it suspends his timesharing until he provides two clean tests within the same week. Father has tested positive for cocaine, which... Read more »
answered on May 2, 2023
You need to be clear about the difference between sole parental responsibility (decision making) and 100% timesharing. It sounds like you want 100% timesharing which is difficult to get. The court is always going to try and encourage a relationship between the child and both parents. You have given... Read more »
We have a LDPP in place filed at the court house. BioMom wants to change it forcing me to pick up my son from school on Fridays instead of our current agreement of meeting halfway. They live 89 miles away from me (they moved before we filed the LDPP). Will a judge favor her choice? And can she... Read more »
answered on Apr 19, 2023
You raise two separate issues. As far as the exchange goes, if you previously agreed to meet halfway and have been doing that then the court will probably follow that arrangement. Child support is the right of the child under the law and cannot be waived by the parents. The court will address child... Read more »
She would like to come visit us out of state for a week can she take minor child without permission
answered on Apr 9, 2023
As long as she is not relocating permanently and notifies the other parent that she will return in a week there should be no problem. She needs to read carefully any court orders that are currently in place to make sure that she is not violating any provisions. She should speak with a local family... Read more »
Reaching out to seek help regarding the termination of parental right of my daughter that happened in 2018 due to a medical malpractice that could be proven but because it’s past the statues of limitation couldn’t proceed to sue the hospital however I am in pursuit of trying to seek legal... Read more »
answered on Apr 6, 2023
Sorry to hear about your crisis. It is probable that the only way you would have any potential claim regarding wrongful acts by DCF employees is if the court adjudication that was adverse to you is vacated. You're basically saying you were maliciously prosecuted. (That term applies to any... Read more »
We live in Florida in mom's two bedroom and my wife says it's the law that he has his own room at 10. Currently we have one room to share, separate beds and I don't have any visitors to my mother's home. We have raised 2 very successful daughters, but since our divorce 2 years... Read more »
answered on Mar 16, 2023
There is no law that says a 10 year old must have their own bedroom. The legal standard is "best interests of the child." As long as you can show that you have a safe and healthy environment for the child you are meeting your obligation. Speak with a local family lawyer for more specific advice.
the mother, my fiancé and I live in FL for 4 months now. The daughters father who has not seen her in over 2 yrs filed several motions and apparently already has an order for us to return to tn and give him child. Are cops going to show up at my door? Help. No extra money. Scared to death. She is... Read more »
answered on Mar 15, 2023
I am assuming from your question that there is a custody order that was either issued by a Tennessee court or was registered with Tennessee as a foreign judgment. I am assuming that the custody order gives the father certain visitation rights.
When you moved from Tennessee to Florida,... Read more »
answered on Mar 15, 2023
Yes. Assuming that no other court case was filed before now, jurisdiction would be in Tennessee, not Florida. The Uniform Child Custody and Jurisdiction Act (the law in both states) would require that the child has been in Florida for at least six months before exclusive jurisdiction would be in... Read more »
I am on my daughters birth certificate the mother and I are no longer on good terms but she wants to take her out of state without my consent.
answered on Mar 7, 2023
If you have never been to court regarding the child then you need to file a petition for paternity. A paternity lawsuit will establish and protect your rights as the father. Issues like school and moving will be covered by "shared parental responsibility" which means that both parents... Read more »
And they're trying to suspend my license I have court tomorrow I filed today for another modification through the judicial court does that still buy me time to get back in court to show that I'm doing my part and they won't suspend my license
answered on Feb 21, 2023
You are always able to motion the court to not suspend your driving privilege. The court wants you to work to earn money to pay the child support. Explain that you cannot work without your drivers license. As long as you can demonstrate that you are making your best efforts to work and pay your... Read more »
4 years ago my son’s grandparents tricked me into signing over temporary custody by extended family to them (and they live in a different state.)
They have recently moved to a yacht so I don’t have a physical address of my child. And they are also refusing to let me visit him. I want... Read more »
answered on Jan 30, 2023
This response is only based on Florida law. You need to return to whatever court issued the order that the grandparents have custody. Whether by your agreement or not, you need to ask the court to change the order and return custody to you. The rest of your questions will resolve after you take... Read more »
My fiancé has 50-50 custody for his children he got divorced several years ago and this has been the ongoing situation since the separation. This year she quit her job of 20 years and has not seeked employment since. She is now looking to take my fiancé back to court and fight for full custody... Read more »
answered on Jan 18, 2023
Timesharing and child support are modifiable until the children turn eighteen. To modify child support you have to show a change in the parent's income that was out of their control. If a parent just decides not to work the court will presume (impute) the income that they were earning.... Read more »
My sons father keeps him from me when he gets mad. This past time is because I forgot to text him. I just want legal paper on when each of us had our time with him.
answered on Jan 11, 2023
If you are not married then you, as the mother, already have 100% control of the child. If you want something formal and legal then you need to file a petition for paternity. Through that process you will get a parenting plan which is a written agreement between the parents regarding all rights and... Read more »
I have 3 children who's mother lives in Michigan and me and my wife live in Florida. I've had the children for about 8yrs. Their mother wants them for the summer. We have not been through family court for any visitation but she has came to visit a couple of times in the last 8yrs. What... Read more »
answered on Jan 2, 2023
A notarized letter probably wouldn't make much difference were she to fail to return the children as agreed. I assume that the mother of the children and you were never married, or there would be something in the divorce decree about custody and visitation. It would be best if a court case... Read more »
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