Lawyers, Answer Questions  & Get Points Log In
Florida Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Will a Florida Judge order my 13 year old daughter to be returned to her grandmother that lives in a retirement home?

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 »

Mr.  Joseph Lafayette Gufford III
PREMIUM
Mr. Joseph Lafayette Gufford III
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 »

1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: I need some answers on how I can get my child back. My child was taken because of domestic violence

My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52

Mr.  Joseph Lafayette Gufford III
PREMIUM
Mr. Joseph Lafayette Gufford III
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 »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What controls can I place on a12-year-olds' cell phone given to him by his non-custodial mother?

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 »

Mr.  Joseph Lafayette Gufford III
PREMIUM
Mr. Joseph Lafayette Gufford III
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

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I am pro se in a child custody case, I don't know what paperwork I need to fill out as I am up against an actual lawyer.

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 »

Mr.  Joseph Lafayette Gufford III
PREMIUM
Mr. Joseph Lafayette Gufford III
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

View More Answers

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I'm representing myself and need to know how to ask for Production of documents and request for admission.

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 »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2022

See the Florida Rules of Civil Procedure, particularly Rules 1.280 through 1.280.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I'm representing myself and need to know how to ask for Production of documents and request for admission.

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 »

Mr.  Joseph Lafayette Gufford III
PREMIUM
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

It’s a really bad idea to represent yourself. The first place you need to look is... Read more »

View More Answers

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: I need to know what to do to get my child back in my life back in my custody
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
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.

View More Answers

3 Answers | Asked in Child Custody and Family Law for Florida on
Q: What if my ex has full physical custody of our 16 year old son but now is trying to force me to take him?

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 »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jun 24, 2022

File a Motion for Contempt.

View More Answers

3 Answers | Asked in Child Custody and Family Law for Florida on
Q: What if my ex has full physical custody of our 16 year old son but now is trying to force me to take him?

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 »

Mr.  Joseph Lafayette Gufford III
PREMIUM
Mr. Joseph Lafayette Gufford III
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.

View More Answers

3 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: What sleeping arrangements does he need to provide for my daughter when she stays with them? My daughter is 8.

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 »

Rand Scott Lieber
Rand Scott Lieber
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 »

View More Answers

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have permanent guardianship of a minor child in. I want to give guardianship to a sibling in Florida.

What forms and what state do I file?

Terrence H Thorgaard
Terrence H Thorgaard
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.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Which post-divorce motion or form shall I file in order to obtain a court order for my sons passport renewal & travel ?

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 »

Rand Scott Lieber
Rand Scott Lieber
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 »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What rights do she have?

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 »

Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I pick my daughter up from her dad's and bring her home if he is refusing to return her home.?

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 »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
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.

2 Answers | Asked in Divorce and Child Custody for Florida on
Q: Rand Scott Lieber the answer to your question

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 »

Rand Scott Lieber
Rand Scott Lieber
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 »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Im currently in a custody battle with my ex spouse he has primary custody of my 2 kids. Nothing has been granted yet by

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 »

Rand Scott Lieber
Rand Scott Lieber
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 »

View More Answers

1 Answer | Asked in Child Custody and Divorce for Florida on
Q: I have a divorce case out of Texas back in 2020, but have resided in Florida with our child since 2019.

What state holds jurisdiction if I were wanting to modify the child custody arrangement?

Mr Eric Klein
Mr Eric Klein
answered on Jun 6, 2022

Florida.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: do i have any chance of getting custody?

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.

Deborah Annette Carroll
Deborah Annette Carroll
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 »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What can be done about a mother withholding children from their father prior to divorce/ parenting plan
Emily Konicek
Emily Konicek
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.

1 Answer | Asked in Child Custody for Florida on
Q: How can I get full custody of my child with supervised visitation for the other parent ?

My son lives with me now full time, his father sees him about an hour or two a day. On his terms.

Rand Scott Lieber
Rand Scott Lieber
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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.