I do not think so. A shelter hearing should be held within 24 hours where judge find the justification for the sheltering.
My daughter passed away from covid right after having her baby. Baby is premature and was in the nicu. Acknowledgement of paternity was never established with her boyfriend but hospital still released the baby to him. Would I need to file an emergency custody order or temporary custody to get him... Read more »
You need to ask the court to give you custody. But if, in the court proceeding, he establishes paternity, he might very well be awarded custody.
I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has... Read more »
Contact the judge's assistant and ask if you need to schedule a hearing or, alternatively, if the judge will rule on your supplemental petition without a hearing.
My father filed a petition for me under the CCA Section 320 and I immigrated to the US 19 days before my 18th birthday. I have since applied for a US Passport and the office is requesting the following:
Evidence that shows I was in the sole or joint legal and physical custody of my US... Read more »
" Evidence that shows I was in the sole or joint legal and physical custody of my US citizen parent pursuant to lawful admission for permanent residence such as a custody decree or the death certificate of my non-US citizen parent. "
You may consider sworn legal notarized... Read more »
It's three minor children, three mothers. Two live in SC and one lives in TX. He wants to get joint custody so that he will be able to see and care for them with no problems.
He's probably going to have to file three suits for visitation, each suit where each child lives.
If the ward signed a document that was not in the best interests of the ward or the wards dependents after. designating the guardian and the Guardianship has been exercised.
If the guardian was appointed by a Florida court the guardian needs to ask this question to the judge.
I get the plan covers until the children are 18. We have equal custody and do week to week. We alternate holidays and have a separate summer schedule. We use this schedule to plan our future trips. My ex only wants to establish this schedule 2-3 months in advance, however I would like a longer term... Read more »
In a Divorce process, when a parenting plan is established, it is typically done for the duration of the child's minority and it is a plan that can be used from year to year. The Court will not keep a case open so you and the other parent can be changing the plan every few months. A parenting... Read more »
The father has not helped financially at all, he’s even questioned DNA, he has two other children from previous relationship and has nothing to do with them. I recently found out he now has another woman pregnant and also he’s on drugs and have proof.
If he has not been adjudicated the Father by a Court, he has no legal right to have timesharing with the child. He will have to file a Petition for Paternity in Court to be adjudicated the Father and request timesharing. At that point, you could present your evidence and witnesses regarding his... Read more »
We - myself, my wife of 22 years, eldest daughter 21 and twin girls 16 - immigrated to St Augustine FL from South Africa in March 2020 via sponsorship by my brother. We all have permanent residence green card. A couple of months ago my wife got a new job and on the day the twins came home from... Read more »
You should file a Petition for Dissolution of Marriage and request that the Court sets a timesharing with your daughters and their mother and establishes child support.
DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts... Read more »
Spouse abandoned the home in November 2020 and hasn't helped financially.
Florida is a no fault state so there are no longer required grounds to get a divorce. I recommend filing for divorce and seeking child support (if applicable) and alimony (if applicable).
My ex and I are not together due to domestic battery. I had a restraining order for two years and was not able to renew it because he had not contacted me. Since his battery charge against me he has been arrested 3 times for battery and convicted once. He and I own the house that my children and I... Read more »
I can read this incident another way: Perhaps your husband brought a cop with him when wanted to give his children something--at a time he knew you would not be there--just to be sure you could not renew your outdated domestic battery retraining order. He probably also wanted to avoid a nasty scene... Read more »
If I have to return the children to the other parent seven days prior to school recommencing on 2nd September at 8am, would this be on 26th August or specifically before 8am on the 26th? My understand is that it refers to a date rather than a time. This is written in a FL divorce agreement if this... Read more »
I would say that your understanding is correct: some time on August 26th. As one of the parties to the agreement, and if that was your understanding, it's arguable that such was the intent of the parties (or at least one of them). If the other parent wants it clarified, he or she should ask... Read more »
Trying to figure out how long a parenting plan is usually scheduled for. A year, 6 months or maybe even less?
I like to do a parenting plan that covers timesharing until the child is 18 years old.
My ex's job has her traveling quire a bit and she constantly wants to change our week to week schedule. She would like to do a parenting plan only a month or two in advance however I would be fine with a year, excluding summers. It is a constant source of conflict.
Typically a parenting plan is done based on the current best interests of the child. If it needs to be modified in the future then the person seeking modification files with the court to do so and holds the burden of proving that it should be modified. It is not common for a parenting plan to... Read more »
Got along great with ex. So much so she moved across the street. We have 50/50. I got a girlfriend around Christmas and now she is bitter and cold. Always bashing me on social media. Flew our kid from FL to CA for 3 days to see her bf without permission when she was supposed to be in KY with... Read more »
The only lawyer who could possibly help you is the lawyer who handled your side of the divorce, because s/he was successful in getting you to 50/50.
From my own personal experience the best any father of a female child can expect is 50/50, which is where you are. So why rock the boat if... Read more »
We never had a parenting plan. He agreed to send him back this coming Monday day and has changed his mind.
I am assuming that you are the biological mother. If the father has never been to court to establish paternity then you have full legal rights. In this circumstance you can report the father for kidnapping if he refuses to cooperate. If you have been to court for paternity and just do not have a... Read more »
I’m looking to move out of the country with my child. We currently live in Florida. I’ve asked my ex who lives 7,000 miles away if they’ll agree to it. They are being a bit difficult. However, our agreement has no section specifying anything about relocation. How do I know if I really need... Read more »
You are probably going to need court approval to take the child out of the U.S. One reason you ex is being difficult is that, should you not return the child when agreed, international litigation is likely to be very costly. Also, you should be aware that, last time i checked, you will need both... Read more »
My ex is in prison he has been there for a few years and will remain there for many more years the children will be in their late teens/adults when he gets out. He was never really involved in their life beforehand and is all for terminating his rights and allowing my husband to adopt children! My... Read more »
You should consult with an attorney to determine if a Step-Parent Adoption can be done in your case. If you and the biological Father are in agreement with your husband adopting the children, there should not be any major issues with the adoption process.
DISCLAIMER: The answer provided... Read more »
I've been living with my grandparents for almost 8 months. They've supported me 100%. Mom agreed and even threw me out ( step dad did to) one time. She is toxic emotionally and physically, to me. I lose interest in school and life in general. I'm 17, a Senior in high school have... Read more »
You should have your father consult with an attorney to try to modify the current timesharing order so the Judge can make a determination of what is the best for you based on your current situation. Another alternative will be to file for emancipation, but you will need to meet all the statutory... Read more »
I had been raising my 6 1/2 grandson all his life. 100% by myself for the past 5 years with no help from his mother(my daughter) or his dad. 3 weeks ago his father showed up with his name finally on the B.C. & they also called DCF making outrageous false allegations concerning my 16yo son. The... Read more »
You should consult with an attorney that can assist you after getting more information on your particular case. You could file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that... Read more »
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