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Florida Child Custody Questions & Answers
3 Answers | Asked in Child Custody and Probate for Florida on
Q: My ex husband just passed and owes $15,000 in back child support. Can this be recovered?

There were restraining orders in place as he was found guilty of sexually abusing our son in family court and I had full custody. I am not in contact with his wife or family but I know that he was receiving social security benefits as he was terminally ill and owned a business. I spoke with a good... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jan 14, 2022

Maybe, it depends on whether there is a probate and what assets exist that are probated. You would make a claim against the probate estate and if there are enough assets then you could possibly get reimbursed. You will want to check with the clerk of the court in the county where he lived to see if... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I’ve been asked to be an personal anonymous donor, how can I protect myself from them perusing paternity and child supt?

Family law, sperm donation privately

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2022

Florida Statute 742.15 applies in this situation. You need to a gestational surrogacy contract as provided in that section. Get whoever asked you to do this to pay for an attorney to draft such a contract for you.

1 Answer | Asked in Child Custody for Florida on
Q: Do we need to alert the court before moving from Washington state to Florida ? He has sole custody, w no visitation.

He has sole custody and no visitation requirements of another party. Mother has abandoned child and is homeless and on drugs.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2022

This is not a Florida law question. Assuming that the custody order is from a Washington court, you need to ask this question in Justia > Ask a Lawyer > Washington > Child Custody.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Child dependency. Protection against dv. All dv cases dismissed no info.

My wife and I were going through a divorce that was rough. She filed an injunction to remove me from the house and gain control of the equity. Eventually her and I were caught with each other consensually. I was violated on the injunction and incarcerated for 22 days and received probation. During... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 17, 2021

DCF recorded a video of your children; what does it show? If it's relevant, yes, they can use it.

2 Answers | Asked in Divorce and Child Custody for Florida on
Q: If you get a paternity test done for someone in a different state, does it go by your state laws or theirs?

The father of my daughter lives in a different state (South Carolina) while I live in Florida. If I need to prove paternity, will the case be by Flordia Law or South Carolina Law?

Mr Eric Klein
Mr Eric Klein answered on Dec 16, 2021

You've raised a complex jurisdictional issue. Although you and the child reside in Florida, if Dad files a paternity case in SC before you file a case in Florida, SC law will prevail; but only as it relates to establish paternity. SC does not have the authority to order child support or... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I have a court order for visitation?

My child's mother is refusing me visitation and keeps procrastinating visitations. She's had me locked up for something I didn't do and now she's trying to keep me out of my son's life. She made me get vaccinated to see my child. Then denied. I haven't seen my kid sence his birthday.

Veronica Lopez-Calleja
Veronica Lopez-Calleja answered on Dec 14, 2021

After Paternity is established, you may definitely venture into having visitation with your son as your right as a parent.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How do I legally disprove paternity in my divorce case?

My ex and I were separated, living in different states when I got pregnant with my daughter. He doesn't want to be her legal father and I don't want him to be either. Her biological father didn't want to be involved in her life and he's had no contact with her most of her (2 years) life.

Stephen Arnold Black
Stephen Arnold Black answered on Dec 14, 2021

OK so there is a presumption that any child born during the marriage would be the child of the man that you were married to. To disprove that, you would bring a paternity action against the biological father and the DNA test would most likely as you suggest, conclude that he is the father. Once... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can a person file a child abuse complaint and go with the DCF worker to do their investigation?

A DCF worker came with the person making the complaint in order to get custody of the child. The complaints were lies. It was even information that wouldve been impossible for them to know if it had been true due to the fact they live in miami and I live in Lakeland plus they never had any... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 8, 2021

Yes, they can.

The reason they do it is children will be much more at ease with a relative present, especially when they go to pick up an abused child.

You should also know that DCF receives complaints about possible child abuse from many sources, not just the person you are angry...
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2 Answers | Asked in Criminal Law and Child Custody for Florida on
Q: First time offender, charged with 1st degree robbery w/a firearm, Likely sentence? Second time felon same charge, same ?

1st offender, woman/mom. Used weapon other than gun, was picked out of lineup, texts with pictures, phone logs with victim minutes prior to crime, toll logs of witness described vehicle leaving area within minutes of the crime. Being held on no bond. Concerned mainly what kind of trouble is mom... Read more »

Jeremy Lasnetski
Jeremy Lasnetski answered on Dec 10, 2021

In Florida, there are sentencing guidelines for each offense that typically drive a prosecutor's state offer and factor into a judge's decision on an appropriate and lawful sentence. A first time armed robbery conviction would score a substantial prison sentence. If a person has prior... Read more »

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1 Answer | Asked in Child Custody for Florida on
Q: How do we legally protect ourselves? Got the POA form on line and is motorized Will that suffice. Should we notify DCF?

We cared for 2 foster children (brothers) for 1 year and then the court decided to place them back with Mom and Dad. Mom and Dad are not married and no longer live together. Mom reached out to my wife and I, 9 months later ( December 1, 2021) to take the boys temporarily as they are being evicted... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 5, 2021

So, in short, you are taking care of the children but you don't have a notarized document from the mother authorizing you to do so, and she is now "harassing" you about the situation. Continue to take care of them until a responsible parent (the father, I assume) takes them back, or... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Florida on
Q: If my child gets taken by cps in Florida and I want to have another child later down the line in another state can i
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2021

Can you have another child? That would be a medical question, not a legal one. :)

Are you asking if that other state will also take the other child from you? It would depend on whether that state thinks the child is at risk of harm or abuse.

1 Answer | Asked in Child Custody for Florida on
Q: I am trying to get visitation time with my son, his mother will not allow me. What county do I file in, hers or mine?

My sons mother will not allow me to see my son, I live in St Lucie and she is in Pinellas. What county do I need to file in with the court?

Rand Scott Lieber
Rand Scott Lieber answered on Dec 2, 2021

Question number one is have you been to court before? If the answer is yes then file where you were in court before. If you have never been to court then you can file where either parent lives; however, it is probably better to file where the child lives since the court will have more control,... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: I have temporary custody of one niece, her 3 sisters are in foster care.sibling visit ordered, fosters not complying

Fosters want to adopt 3siblings and stop all visitation. They are 9,7,7,6yrs old.. everything I read goes against cutting sibling ties, do I file contempt? Will the respondent be the foster agency or foster parents?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 25, 2021

Sure.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I want to relocate out of state. I’m in FL with no legal custody agreement in place but he is involved voluntarily.

I am in a non ideal living situation due to the cost of living in the area. I cannot afford housing that would be suitable for myself and my two children. Moving would grant them and myself a better home setup (my job would follow). We have no legal custody agreement in place but he gets regular... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 19, 2021

If you have never been to court for paternity, including child support, then you have full control over relocation. However, since the children have been continuous residents of Florida for the past six months, if you move and the the father immediately goes to court, he could attempt to force you... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If I tested positive for alcohol n I have n open DCF case can they take my children away again

I havent tested positive at all for anything since January of 2021.

Michael  Mayoral
Michael Mayoral answered on Nov 19, 2021

The answer to this depends on the case history and a number of different factors. You should consult and retain a family law attorney in your area.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My children's Pediatrician recommended the kids get the COVID vaccine. Their mother refuses to consent. Is that legal?
Rand Scott Lieber
Rand Scott Lieber answered on Nov 11, 2021

Assuming that you have shared parental responsibility, you are obligated to try and agree with mom first. If that does not work your remedy is to go to court to resolve the dispute.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I was given a court appointed lawyer then decided to hire my own lawyer. lawyer quit the case.can I get another lawyer ?

Can I be given another court appointed lawyer?

Michael  Mayoral
Michael Mayoral answered on Nov 11, 2021

You can apply for a court appointed lawyer and if you meet the requirements for one the court should appoint another court appointed lawyer. You can call the local clerks office or the judge's judicial assistant and ask them what their procedure for this is.

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: My friend has a 4 yr old child. Im called the nanny. Been with him every day of his life almost. She is in jail will POA

Enough to move to New York There is no father and DCF is not involved.

Michael  Mayoral
Michael Mayoral answered on Nov 8, 2021

If you are saying that you want to move to New York with the child, that doesn't sound like a good idea and can be the basis for legal action against you. You should consult a family law attorney in your area.

1 Answer | Asked in Child Custody for Florida on
Q: If someone has filed a custody case in a New York, Your in FL though, but they haven't served you..can you file?

I'm in FL he's in New York, he filed the papers but didn't serve me yet so I am trying to see if I can do it once I hit my six months down here

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 29, 2021

The court in New York would have jurisdiction, assuming that the child had been in New York for at least six months when the child's father filed there. It's where a complaint seeking custody was first filed, not whether you were served, that matters. If you subsequently file in... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How can I change child Custody agreement if there was no Substantial change since it was approved?

Agreement states I see my kids every other weekend, i requested my ex for more time, she refused. My kids requested to spend more time with me, their mom refused. They dont want to go back to their mom after their visit, they feel overly stressed and distraught. A Lawyer i spoke to said there is... Read more »

Linda Liang
Linda Liang answered on Oct 18, 2021

Mental abuse can be qualified as substantial change. The key is that you need to have evidence. Once you do, find an attorney.

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