Florida Child Custody Questions & Answers

Q: I have a child support order that was established in NY, I know live in FL and it was being enforced here?

1 Answer | Asked in Child Custody for Florida on
Answered on Jul 26, 2016

Ask the Florida Department of Revenue what, if anything, they can do to enforce this.
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Q: If as family member is abusing and neglecting child is it possible to get emergency custody hearing if Florida?

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

Yes, of course it's possible. You, as the child's cousin, perhaps can seek relief, assuming you are an adult. Seek legal counsel.
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Q: i was a TN resident for 5 mth, returned back to FL (my home state). Do I file for divorce/custody of child in TN or FL?

1 Answer | Asked in Child Custody and Divorce for Florida on
Answered on Jul 23, 2016

Jurisdiction to decide custody is the "home state" of the child. That means the state where the child lived, with a parent, for at least six months. It appears that Florida was the child's home state once, but if the child lived in Georgia for at least six months, the home state would be there.

For a Florida dissolution (what Florida calls a divorce), you personally need to reside here for six months as well. Remember, while it is the same length of time, it is different criteria for...
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Q: Since my son has been 2 months now 3 years old, his father and I have a verbal agreement 50/50 custody but I'd like to

2 Answers | Asked in Family Law and Child Custody for Florida on
Answered on Jul 23, 2016

It is unlikely that the mediated verbal agreement will be enforced if you no longer agree to it's terms.
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Q: If me and my ex have an agreement on visitation with my kids and its been over a year we have been doing this.

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Jul 23, 2016

No, the police probably will refuse to get involved unless you first get a court order directing the police to assist.
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Q: I am currently separated from my husband and want to file for divorce and custody could really use some advice?

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Answered on Jul 21, 2016

A divorce proceeding is commenced when a petition for dissolution of marriage with other pertinent documents is filed. As part of your dissolution of marriage action, assets and debts will be divided, a parenting plan with time-sharing schedule will be established based on the best interests of the child standard and child support will likewise be established. When you file for the divorce, you can include a proposed parenting plan. Depending on your particular situation, you may be entitled to...
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Q: Can a father restrict that mother and child cannot travel beyond 50 miles from residence?

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

No, he can't. If this matter is in court, a judge can.
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Q: how do I get an ex parte termination of parental rights?

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

If the Alabama police lost the papers, get the clerk of court to provide you with more copies and then get them to serve the father.
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Q: Are payments made to the state SDU considered paid by the obligor when received by the SDU or by the payee?

1 Answer | Asked in Divorce and Child Custody for Florida on
Answered on Jul 18, 2016

When received by SDU.
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Q: Can DCF obtain a signed order from a judge forcing me to submit to a drug screen due to an anonymous report to hotline?

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

If there is an order for drug testing then you have to do it, but don't let DCF bully you. You should hire a lawyer to represent you in the case.
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Q: How much does it cost to sign parental rights over in Florida?

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

Many people mistakenly believe that a parent can avoid the obligation to support that parent's child by "signing over parental rights". It is not true. Perhaps you could renounce your rights to be paid child support, but such renunciation would probably not be enforceable.
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Q: Moving to England from Florida with my 7 year old daughter. Need advice.

1 Answer | Asked in Child Custody for Florida on
Answered on Jul 16, 2016

The biggest problem you have is that your daughter will need a passport and cannot get one without her father's signed consent. So you will not only need to sue for court-ordered custody (an I assume from what you write that you have not yet done so), but will at the same time ask that he be ordered to give any needed consent to a passport.
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Q: i have poa of a 12 yr old. i did not give birth to him. his grandmother is now petitioning for custody. she hasnt even

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

First, it is not clear what you mean that you have a power of attorney "of a 12 year old". I assume that you mean you have a POA from one of the child's relatives you mention, allowing you to raise the child. Also, what makes you think you "have to" send him to his mother in Texas? And why is doing so necessary so "they can go to court over custody". You should be aware that, assuming that he has been in Florida with you for at least six months, you can make a good argument that under the...
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Q: If you and your girlfriend move into a apartment and she uses my last name in the state of florida are we legally marrie

2 Answers | Asked in Child Custody and Family Law for Florida on
Answered on Jul 5, 2016

No. So-called "common law marriage", something which would perhaps have resulted in a marriage under the facts you describe, has
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Q: How can I change my daughters last name or add a father to her birth certificate?

1 Answer | Asked in Adoption, Child Custody and Juvenile Law for Florida on
Answered on Jul 5, 2016

To get him named on the birth certificate, he would have to adopt the child. Normally this requires that he and you first be married. In an adoption proceeding, the biological father would have to be notified, although his consent may well be not necessary.
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Q: If there is a court order for my boyfriend to have his daughter on the weekend and the mother tells him he is not gettin

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Jul 4, 2016

If there is a court order and she is not in compliance then file a motion for contempt. You should hire a lawyer to represent you in the case.
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Q: My ex is in the military, we have had this custody battle for a year and his lawyer keeps trying to push the final back

1 Answer | Asked in Child Custody for Florida on
Answered on Jul 4, 2016

Yes if the child no longer lives in FL then file a motion to have the case moved to the state where the child lives. You should hire a lawyer to represent you in the case.
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Q: How can I get emergency custody of a 5 year old child that's been in my care for a year.

1 Answer | Asked in Child Custody for Florida on
Answered on Jul 4, 2016

You should hire a lawyer to represent you in the case.
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Q: I live in florida . would I be able to find an attorney here that can represent me in ohio ?

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

If the court case is in Ohio, you need an attorney licensed in Ohio. There may be attorneys in Florida who are so licensed, but it would be better to contact one in Ohio.
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Q: Can I get a paternity test when the mother of my child refuses to give me one?

2 Answers | Asked in Child Custody and Child Support for Florida on
Answered on Jun 28, 2016

You need to sue her for joint custody and visitation. Paternity testing can be ordered in the context of such a suit.
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