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Florida Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex is threatening to get my daughter taken from me because I allowed him to see her after courts said not to.

In 2012 my daughter was taken into foster care because my ex was abusive to me. They said if I can't protect myself I can't protect her. I was eventually reunified after doing victim's classes, parenting classes ect. He did nothing, so was never reunified. He went to prison shortly... Read more »

B. Elaine Jones
B. Elaine Jones answered on Aug 10, 2020

Your ex is most likely taking you to court in the family law division. The Court that entered the Order reuniting you and your daughter and denying your ex contact with you daughter was the dependency court. That case is most likely closed at this point. While it was not a good idea for you to... Read more »

2 Answers | Asked in Immigration Law and Child Custody for Florida on
Q: Minor is U.S citizen parents moved to Mexico with minor at age 1.Now minor would like to come back to U.S. what isneed?

Does minor need a guardian or power of attorney? From Mexico or US ? What is the process ?

Linda Liang
Linda Liang answered on Aug 10, 2020

It sounds like minor can claim US Citizenship. You may retain an attorney to prepare the right documents to prove your eligibility.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: if a lawyer chooses to take depositions does the opposing Lawyer need to take their Depositions or can they refuse

in a child custody case

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 7, 2020

I have no idea what you mean by "their" and "they", but no, the opposing attorney isn't required to take depositions if he or she doesn't think doing so is necessary.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How to I pick up my child from a grandparent who refuses to give me her. I have legal custody

My mom was watching my child when I was in fire school. Now my mom is refusing to give me my child back and I have full custody. Sheriffs wont force get to give her back to me. I was served papers from my mom's lawer filing for temporary custody. I can't afford $5000 for a lawer and want... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 6, 2020

Was there a previous case in Georgia or elsewhere giving you full custody? If so, the Florida courts don't have jurisdiction to award custody to your mother. File something in the (Florida, I assume) case filed by your mother explaining the situation.

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Can I have legal representation assist in my divorce if I live in FL, and ex is in Indiana where he filed?

I need help with my divorce. My ex moved out of state to Indiana with our daughter without my permission, and I'm in FL. Juristiction issues ........

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

If the child was removed from this state and has been in Indiana for less than six months, jurisdiction would be in Florida. But you will probably need an Indiana attorney as well as a Florida one.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Is it ok for a child of school age to sleep in the same room as a mother and an adult who is not the father?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 1, 2020

This is not a legal question. It is a very important personal question the answer to which may come back to haunt you later. Having been there, in my personal opinion the parents of small children should not do what you a considering because it sends the wrong message to small children: That it is... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What would happen in the event I was married to my spouse but for whatever reason the certificate wasn't filed?

What if my spouse dies? We've also been granted full custody of our children for almost 3 yrs. Bio mom is deadbeat, hasn't paid child support, has lied to the court, lost custody & deemed unfit due to abuse/ neglect was/ possibly still is addicted to meth. They want to remain in my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2020

If the marriage was performed, but the certificate was not duly filed, you are still married. Whether, in the event your spouse were to die, whether the biological parents could successfully seek custody of the children would depend on the circumstances under which you were granted custody, and... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How exactly do official marriages, de facto marriages (unofficial marriages) and extramarital relationships work?

I practice polyamory and also de facto polygamy. I am interested in having one official wife through one official marriage, more than one de facto wife, which is also known as a concubine, through de facto marriages (unofficial marriages), mistresses through long-term extramarital relationships and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2020

You are only allowed to have one spouse at a time. All of the many relationships and terms you use are not recognized in the law; they are extra-marital relationships (i.e.: adultery). Child custody would depend upon the best interest of the child.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I was born in florida but we recently moved to pa my mother let me visit florida n my family my step dad is

Very abusive to me n my siblings n my mother but she wont leave him i am in Florida still n i do not want to go back because of how bad it is there but my mom will not let me stay in florida but i have my aunt she has her own house in palm bay i would my own room im gonna get a job n my permit im... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 30, 2020

Have you aunt consult with an attorney immediately. if you were in Pennsylvania for less than six months, the Florida courts have jurisdiction.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a judge issue a default in divorce without me submitting a motion to default form?

Wife served me with nearly blank divorce papers and never responded to my counter petition or amended counter petition. Other than initially being served by the sheriff, she has failed to e-serve me properly with any other documentation nor has she amended any of her blank documents, other than the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 28, 2020

Motions for default are usually a waste of time. However, based on the procedural facts you presented, you can draft and file a motion to compel an answer to your counter-petition, and to compel production of documents requested, which your spouse must respond to or be sanctioned for not... Read more »

1 Answer | Asked in Divorce and Child Custody for Florida on
Q: What law does child alienation fall under? What is the criteria that has to be met to sue for child alienation?

My husband and I are going through a divorce. I haven’t spent time with our children in 130 days. He has primary residency, not full custody. We do not have a time sharing plan or a parenting plan established. He has restricted health visits so I do not show up to see our daughters. He has... Read more »

Mr Eric Klein
Mr Eric Klein answered on Jul 21, 2020

I believe you may want to start by filing a Motion for Temporary Timesharing, Child Support, Maintain the Status Quo and Other Related Relief. You can file a claim of Parental Alienation, but you may wish to do so within the Petition for Dissolution of Marriage. You may have to file a Motion to... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: How does one address a court mediator during mediation. Is "Sir" or "Ma'am" the most appropriate nomenclature?
Mr Eric Klein
Mr Eric Klein answered on Jul 20, 2020

You should introduce yourself to the mediator and simply ask "May I call you John or do you prefer Mr. Smith"? A mediator is not a judge. Good luck!

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What are the key components to writing the case statement of a divorce mediation summary?

I read on a mediation help website that I am expected to write a persuasive story regarding the marriage. Is this really how you go about the Case Statement portion of a Divorce Mediation Summary?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2020

Yes. You will soon be going in front of a stranger who is trained to spot important information needed to help resolve the issues. And so the more POSITIVE information you include about what YOU did during the marriage the better. Do NOT use the entire space ragging on your spouse; after all, you... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I guess im confused about overnights

To me this read as we both have to agree & when agreed on a day to replace for one of the days already scheduled. It reads as follow.

" Father shall visit at mother's house Tuesday and Thursday from 4PM to 8PM Father's shall visit with his son from 9 AM to 6PM on... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 14, 2020

If you can't agree, you need to ask the court to decide. As I read it, the "agree to agree" part applies after the child is ONE, not TWO.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Can a non custodial parent claim visitation rights after 6 years of no visitation?

The father did not follow court order of letting my child visit me, the court order child to visit mother; he is now an adult and I had no contact at all. Can the father be held on contempt of court? I have not seen my child for 6 years.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 12, 2020

You should have brought this up with the court when it happened. It's quite possible that witnesses to what transpired have forgotten the details, so it is unlikely that contempt of court will be found.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: I have two child support cases against me in two different states.. The original case began in 2008 here in Florida.

I am up to date on all payments, I have no arrears, and my payments are deducted from my disability check each and every month on time. The other case is in Iowa and it was fraudulently done by my ex. What can I do to have the child support case in Iowa closed?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 12, 2020

inform the Iowa court of the Florida child support order. For specifics, you should ask your question in Justia > Ask a Lawyer > Iowa.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: On my FL public search of my case the Docket Events show Order Denying. What does this mean?

I recently served my ex-husband with papers requesting to move from Florida to Texas and he responded. Does Order denying mean I can't move? The Docket does not show the order so I can download it and review it and I have not received anything in the mail.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 8, 2020

Probably. Why not download the order and find out?

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How do I ask for custody of the children after I already responded to divorce papers?

I moved out of state and my wife filed for divorce with our three children in her custody. I counter petitioned because her papers were mostly blank and didn't feel comfortable responding in any other way. However I did not ask for custody of the children and now I want to fight for them. How... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 8, 2020

File a motion to amend your answer.

1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: Can a lawyer request 6 months worth of pay stubs less than 24hrs before a trial for divorce, child support, and custody?
Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Jul 7, 2020

Whose lawyer? Yours or the other side? Mandatory disclosure of financial documents is REQUIRED for both parties. The deadlines are within 30 days o the case starting. Therefore, it is very possible that these documents are overdue. Here's the form with the list of all documents required to be... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Do you lose your weekend if its your holiday?

I had my children last weekend, and my ex is suppose to have my children this weekend (the 4th of july weekend). July 4th is HIS holiday and it just so happens to land on HIS weekend which is convenient for him. He usually gets the kids on his weekends at 5pm Friday until Tuesday morning at 730am.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 3, 2020

If the custody order is not clear on the subject, you need to seek clarification from the judge.

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