Florida Child Custody Questions & Answers

Q: My ex took our girls even though I have full custody. I filed a motion and he still refuses to return them. Please help

1 Answer | Asked in Child Custody for Florida on Jul 31, 2015

Answered on Aug 1, 2015

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Robert Jason De Groot's answer
You have to hire an attorney if you want help. Perhaps you should be filing an emergency pick-up motion.

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Q: If you sign a notarized letter regarding relocation and visitation rights how can that help in court ?

1 Answer | Asked in Child Custody for Florida on Jul 26, 2015

Answered on Jul 26, 2015

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Robert Jason De Groot's answer
It appears to me that you need to seek the advice of a family lawyer in California.

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Q: Wife won physical custody in Kansas. She moved to Florida so they could be near me. The kids moved in with me.

2 Answers | Asked in Child Custody for Florida on Jul 24, 2015

Answered on Jul 25, 2015

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Robert Jason De Groot's answer
What you need to do is consult with an attorney in Kansas first about perhaps filing a petition for modification. You need to at least learn what needs to be done. Technically, in my opinion, she has not abandoned the children. You can also see an attorney in FL about domesticating and then modifying the Kansas judgment, since the parties now reside in FL.

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Q: What happens when a court order runs out?

2 Answers | Asked in Child Custody for Florida on Jul 19, 2015

Answered on Jul 20, 2015

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Robert Jason De Groot's answer
It is easy enough to file a paternity action in FL if the AL order expires.

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Q: What happens when a court order runs out?

1 Answer | Asked in Child Custody for Florida on Jul 19, 2015

Answered on Jul 19, 2015

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Robert Jason De Groot's answer
You want advice about an order that I cannot read. I cannot give advice from a vacuum.

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Q: My ex left the country with our new born , I know I'm the father however the baby does not have my last name?

2 Answers | Asked in Child Custody for Florida on Jul 18, 2015

Answered on Jul 18, 2015

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Robert Jason De Groot's answer
And you think that you can do a custody battle without an attorney?

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Q: How to get custody of my sisters new born baby

1 Answer | Asked in Child Custody for Florida on Jul 17, 2015

Answered on Jul 17, 2015

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Robert Jason De Groot's answer
You know that you have to ask an attorney about this, right? An attorney is most likely going to say that you need to hire an attorney, and that really is the very best thing that you can do in my opinion.

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Q: Can dad get his daughter's if mom in jail

2 Answers | Asked in Child Custody for Florida on Jul 7, 2015

Answered on Jul 9, 2015

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Robert Jason De Groot's answer
Has paternity been established in court? If so, yes. If not, he has to establish paternity with a court order first, basically.

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Q: Can you leave state if you have not custody papers and no support with your 2 year old

1 Answer | Asked in Child Custody for Florida on Jul 7, 2015

Answered on Jul 8, 2015

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Robert Jason De Groot's answer
More facts are needed to answer this question fully. Were the parties married? If not, was a paternity case filed? In order to establish his rights, the father of a child born out of wedlock must file a paternity case. If you move without his written permission, he could get to court and have it ordered that you must return the child to FL.

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Q: What Circumstances will need to be provided to justify a modification of the current Parental Plan and custody ?

1 Answer | Asked in Child Custody for Florida on Jul 7, 2015

Answered on Jul 8, 2015

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Robert Jason De Groot's answer
The child's choice does not carry much weight. It sounds like you might be able to come to a solid agreement to modify and have the court enter an order based upon the written agreement. Go see a family attorney about this in your area.

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Q: Does the father have any rights can he get some custody?

1 Answer | Asked in Child Custody for Florida on Jul 5, 2015

Answered on Jul 6, 2015

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Robert Jason De Groot's answer
He has to file a petition for determination of paternity, and needs to get an attorney for this.

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Q: my friend is still married but working on her divorce paper and has 2 grown and 2 minor children.

1 Answer | Asked in Child Custody for Florida on Jun 29, 2015

Answered on Jun 30, 2015

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Robert Jason De Groot's answer
You did not ask a question. Your friend needs to get an attorney about this matter.

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Q: I need to know if I can get custody of my 3 kids by having them in my possession when I file?

1 Answer | Asked in Child Custody for Florida on Jun 24, 2015

Answered on Jun 25, 2015

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Robert Jason De Groot's answer
Get to a family lawyer immediately before you mess things up for yourself and the children. Also read the provisions of Florida Statutes Section 61.13(3). That is extremely important for you to know. It is what the court uses to determine what to do with the children, and a good guide on what you should and should not be doing.

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Q: My ex lives in CA. We have joint legal custody of our 3 children. He has physical custody. I recently moved to FL. 2 of

1 Answer | Asked in Child Custody for Florida on Jun 18, 2015

Answered on Jun 22, 2015

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Robert Jason De Groot's answer
Any modification of custody would have to take place where the divorce was. I assume that was CA, so you need an attorney there.

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Q: How much does it cost to file a temporary custody petitiom in Orlando fl

1 Answer | Asked in Child Custody for Florida on Jun 13, 2015

Answered on Jun 14, 2015

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Robert Jason De Groot's answer
Each attorney charges fees according to their own business plan or schedule of fees for matters like this. It is much less expensive to have an uncontested matter than a contested one.

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Q: how can i get custody of my younger brother

1 Answer | Asked in Child Custody for Florida on Jun 11, 2015

Answered on Jun 12, 2015

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Robert Jason De Groot's answer
Get her to consent to you having temporary custody, until she can get back on her feet, and get to an attorney here in FL about filing a petition for temporary custody by extended family.

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Q: Can my sister (26) get custody of me (14) ?

1 Answer | Asked in Child Custody for Florida on Jun 10, 2015

Answered on Jun 11, 2015

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Robert Jason De Groot's answer
Perhaps, if the parents consent to temporary custody of minor by extended family.

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Q: My ex has lived out of the country for two years, but still has legal say as we have joint. How do I apply for sole in F

1 Answer | Asked in Child Custody for Florida on Jun 3, 2015

Answered on Jun 4, 2015

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John Arthur Smitten's answer
If the children live in FL then file a petition to modify the order in FL.

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: Ex not paying medical expenses, what is the time frame & dollar that I should allow before filling contempt charges

2 Answers | Asked in Child Custody for Florida on Jun 1, 2015

Answered on Jun 1, 2015

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Robert Jason De Groot's answer
This is subject to contempt for non payment, but she has to be given proper notice of the medical expenses as outlined in the agreement, most likely. A reasonable amount of time should be given for her to pay her share to you.

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Q: Can a father get 50% overnight stays on a newborn child? We are not and never were married. Visitation allowed.

2 Answers | Asked in Child Custody for Florida on Jun 1, 2015

Answered on Jun 1, 2015

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Robert Jason De Groot's answer
Well, I think you had better come to grips with reality, you have to get along with him regarding raising the child. He actually has no rights unless he gets to court and establishes his rights. Typically judges are ordering 50% time sharing for children under five. Get an attorney on your side.

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