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Florida Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Florida on
Q: If a 14 year old minor has a baby, who has custody of the baby? Can the minor’s parents stop father from seeing baby?

If a 14 year old minor has a baby, who has custody of the baby? Can the minor’s parents stop the father of the baby from seeing the baby if the minor disagrees and wants the father to see baby?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 14, 2019

Call the Florida Department of Children & Families to help you sort this out.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: A man I never married signed my son's birth cirtificate at his birth. My Petition for DNA was denied.

Now there is a non jury one hour trial to determine paternity and related relief. What does this mean?

Monica Miguel Cabrera
Monica Miguel Cabrera answered on Nov 13, 2019

This means that the petition filed by the man is going before the judge to be heard. You should be prepared with your own evidence with regard to the case. I would recommend retaining the services of an attorney if you are not comfortable with representing yourself in court.

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2 Answers | Asked in Child Custody and Child Support for Florida on
Q: If my step children's mother moved out of state and left them with us while having a 5050 timeshare do we get primary?

Last year my husband and I were granted 5050 custody of his children. Recently their mother decided to move home to ohio and leave the kids. Does that mean shes forfeiting her 50% timeshare and we get primary custody? Also we are still paying her 70 a month in child support. we do not want to cause... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 12, 2019

There is no way to do this anonymously. You need to return to court and ask for a modification of the timesharing which in turn will cause a recalculation of the child support. Or do nothing, keep the kids and pay the $70.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Legal advice about the University dorm policy

My daughter is a freshman at the local University, where she has been assigned a room with girl roommate on campus. Unfortunately, few weeks ago my daughter moved to the boy's apartment on campus and began living with class mates. As a concerned parent, I briefly discussed this situation with my... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 11, 2019

Unfortunately, because your daughter is 18, she is legally an adult. Therefore unless she is mentally incapacitated and in need of a guardian she can make any decisions she wants, regardless of right or wrong. What you can do is cut off financial support if she's making decisions you disagree with.... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: Brothers Ex wife is getting married and makes more money now how does he get a child support deduction.

Ex wife previously left off income to begin with and now has yet another job. Seeking to reduce child support payments. My brother is a Military Veteran and Is tired of struggling while She is out getting tattoos and hand guns when He struggling to put food on the table. Her father is a lawyer and... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 7, 2019

You have raised two separate issues. Issue 1 is child support which is always modifiable until the children emancipate. You can file a Petition for Modification and ask that child support be recalculated based on the parents current incomes.

Issue 2 is enforcement. If mom is not following...
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1 Answer | Asked in Child Custody and Child Support for Florida on
Q: i filled the papers last monday oct 28th 2019 to request sole custody for my 2 girls i need and want to be represented

father is manipulative, irresponsible and negligent i have proof he owes me now 3 months of child support on nov 15th will be 4 months .... and afraid for his reaction when he get serve but i needed to do so ... am basically leaving paycheck to paycheck and with the help i get every once in a while... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 1, 2019

Schedule a consultation with a lawyer near you or contact Legal Aid for assistance.

3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Would all rights to child be forfeited if moving to Canada from USA?

Non-custodial parent with no visitation rights, who actively pays child support and would still pay child support after moving is interested in moving to canada to pursue relationship. If the custodial parent is notified, would his current rights and future rights of custody be null and void if he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 31, 2019

No. In general one does not have to exercise visitation in order to have the right to visitation (it's called "time-sharing" in Florida). However at some point the custodial parent might possibly go back to court and claim that the non-custodial parent no longer has a meaningful relationship with... Read more »

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3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Would all rights to child be forfeited if moving to Canada from USA?

Non-custodial parent with no visitation rights, who actively pays child support and would still pay child support after moving is interested in moving to canada to pursue relationship. If the custodial parent is notified, would his current rights and future rights of custody be null and void if he... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 31, 2019

In Florida, all of each parent's rights and responsibilities remains the same no matter where they move unless they return to court to ask for a modification.

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2 Answers | Asked in Child Custody and Child Support for Florida on
Q: I pay support on 5 kids. 1 child hasnt lived with my ex for 5 yrs and 1 now lives with me. What do I do please help
Rand Scott Lieber
Rand Scott Lieber answered on Oct 31, 2019

You need to return to the court that issued the child support order and ask for a modification based on the current circumstances.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: In FL stat. 39.0138 (8)(a),(b) it says we can file a motion to contest dcf's denial of custody. Don't know what 2 file.

They bases the denial on a report from 2001. DCF wants to put children in foster care rather than keep them with loving grandparents. I don't know what to file.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 30, 2019

You do what the statute says: file a motion to contest the decision. Call DCF and ask where to file it. Hire a lawyer to help you.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I’m seeking to modify suspension of timesharing

I’m a mother of 3. In 2013 I was legally divorced from my children’s father and I had majority custody while he had every other weekend timesharing. I fell upon hard financial times and moved into a 2 bedroom apartment at which time my ex husband took 2 of our three children to live with... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 29, 2019

You need to return to the court that issued the last timesharing order and ask for a modification. Once in court you can explain your situation and get a new schedule with the children moving forward.

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: In FL can a mom that was never married with no custody order in place move out of state with child legally?

Never married, never went to court for custody or child support. Can I move out of state legally and also not me forced to move back to Fl with child. If I move, what happens if he takes me to court for visitation? Can they make my child move back to fl

Rand Scott Lieber
Rand Scott Lieber answered on Oct 29, 2019

If the father has never been to court for paternity or child support so that there is no court order then the mother has full rights to move where she likes.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My mother is sick and there may be a possibility she won’t make it through if that were to happen my brother and I are

Over 18 but her beneficiary legally is her younger brother she did it at the time my brother and I were underage if anything were to happen who would get the estates and anything to what she has also my little sister is under 18 she is currently 8 would I be able to have sole custody or would her... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2019

Your question would be a lot easier to understand if you were to use punctuation and capitalization.

As I understand what you are trying to ask, your mother has written a will leaving her estate to her brother (your uncle). If she dies without changing her will, you, your brother, and your...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can my son take his son away from the mother?
Rand Scott Lieber
Rand Scott Lieber answered on Oct 17, 2019

You do not say if they are married. Regardless of any action your son takes he should go to court to assert his rights, either through divorce or paternity. Speak to a local attorney who specializes in family law.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My daughter is 8 and has some mental issues (ADHD/ADD), ODD and anxiety and stress. She see’s her dad every

She goes to her dads every Other weekend and tells me she doesn’t want to go anymore. She tells me and my mom that she has one family and that’s here with me and her stepdad and brother and sister. Can I file anything. She is also put in the middle of arguments with me and her dad by him and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2019

You can ask your divorce lawyer to file a motion to reopen the case and re-consider the visitation order. You will probably need an expert witness to testify to any harm being done to the child by having to stay at her father's house.

2 Answers | Asked in Child Custody, Divorce and Immigration Law for Florida on
Q: Im going threw a divorce to a filipina girl came over used me now is trying to take my son from me

Im going threw a divorce to a filipina girl came over from Philippines withen less then a year leaves me for another man she is not a usa citizen my son is what can i do to get pro bono help shes trying to have me pay for her lawyer as well an take sole custody of my son i am looking for a pro bono... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Oct 14, 2019

Most lawyers, much like other professionals do not work for free. If you desire to retain the services of a free or no cost lawyer, I suggest you call Legal Aid in the community in which you reside. Good luck.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Non custodial mother has a suspended license. Can I keep my child from going with them?

My purpose here isn’t to keep my child from her mother. I allow her mother to spend time with her whenever she comes to town, or whenever we’re in her town. My issue is, mom has had a suspended license for over a year and a half, but she hasn’t a vehicle until now. The last time she had a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

No. Regardless of what the situation is with your ex not having a drivers license you cannot lawfully disobey the existing custody order--unless and until the judge changes it. So instead of dreaming up all the negative possibilities that might occur if your ex starts driving on her suspended... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: ex wife gets child support from me gets pregnant by 2nd person she stops dating gets support from him does it help my ca

collects from me gets pregnant from someone else leaves him then goes to collect from him does this or can this help or affect me in anyway good or bad

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

FYI, in Florida, all fathers are legally responsible for the well-being of their own children. That means the child support you pay to your ex-wife is for the benefit of YOUR child only. It also means that any new child support your ex-wife may get from the father of her new child is for the... Read more »

3 Answers | Asked in Child Custody, Divorce and Immigration Law for Florida on
Q: Im going threw a divorce to a filipina girl came over used me now is trying to take my son from me

Im going threw a divorce to a filipina girl came over from Philippines withen less then a year leaves me for another man she is not a usa citizen my son . What can i do to get pro bono help an or payment plan as i do not make much shes trying to have me pay for her lawyer as well an take sole... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 14, 2019

You need to consult in person with a family lawyer in your area. Find one that offers a free consultation. If you believe that you cannot afford a lawyer then contact the local legal aid office for assistance.

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: What are the laws in circumstances like this one?

Following delivery a mother and newborn are both tested and their results show the presence of an illegal substance. A mandatory report to DCF, and a safety plan is then put in place for the family and both parents are cooperative in successfully completing all requirements. In this situation, does... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

The key point of your question is the last statement: "during the investigation." The Department of Children & Families has broad legal authority to do whatever they deem necessary while conducting the kind of investigation described. While the skilled people at DCF normally do not "gossip" about... Read more »

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