Florida Child Custody Questions & Answers
Q: My ex-wife is planning on leaving the state next Friday with my kids is there anything I can do about it?
Terrence H Thorgaard's answer
What does your divorce decree say about time sharing (a/k/a custody/ visitation)?
What does your divorce decree say about time sharing (a/k/a custody/ visitation)?
Q: If I file for divorce and my husband doesn’t want custody or anything to do with the kids Is this allowed?
1 Answer
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in
Child Custody, Child Support, Divorce and Family Law
for
Florida
on
Answered on Oct 17, 2017
Answered on Oct 17, 2017
Rand Scott Lieber's answer
One way or another you are going to "share" the children. That is the law. Infidelity does not matter.
One way or another you are going to "share" the children. That is the law. Infidelity does not matter.
Q: If I’m a stay at home mom and file for divorce Can I get primary custody of our kids?
2 Answers
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
Florida
on
Answered on Oct 17, 2017
Answered on Oct 17, 2017
Rand Scott Lieber's answer
The two of you are going to "share" the children. Nobody gets "primary custody." The schedule will be based on both parents availability as well as the parents historical roles. Since you are a stay at home mom presumably you have done most of the work regarding the children. This will be a factor in your favor but does not mean that he will be excluded from sharing time with the children.
The two of you are going to "share" the children. Nobody gets "primary custody." The schedule will be based on both parents availability as well as the parents historical roles. Since you are a stay at home mom presumably you have done most of the work regarding the children. This will be a factor in your favor but does not mean that he will be excluded from sharing time with the children.
Q: Are grandparents allowed in Florida Family Court during hearings involving our daughters son ?
1 Answer
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Child Custody, Child Support and Family Law
for
Florida
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Answered on Oct 9, 2017
Answered on Oct 9, 2017
Terrence H Thorgaard's answer
Her attorney represents your daughter, not you. That might be the reason the attorney won't give you a straight answer.
You might need to retain your own attorney.
Generally, whether or not he pays child support is immaterial to questions of visitation.
Her attorney represents your daughter, not you. That might be the reason the attorney won't give you a straight answer.
You might need to retain your own attorney.
Generally, whether or not he pays child support is immaterial to questions of visitation.
Q: I have a court order support for my son in nyc but I moved to Florida. My son is turning 18 and is moving here.
1 Answer
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Family Law, Child Custody and Child Support
for
Florida
on
Answered on Oct 7, 2017
Answered on Oct 7, 2017
Terrence H Thorgaard's answer
He can go where he wants, once he turns 18.
What does the order say about support after age 18?
He can go where he wants, once he turns 18.
What does the order say about support after age 18?
Q: I still owe my son's mother back child support do I still have to pay to her if I get full custody of my son
Rand Scott Lieber's answer
A change in custody does not change any support that you already owe. Make sure that you get a court order regarding the change.
A change in custody does not change any support that you already owe. Make sure that you get a court order regarding the change.
Q: Help with emergency child custody
Salim U. Shaikh's answer
You dad should request for your custody and also parenting responsibility. Ask him to consult Attorney that handles such issues
You dad should request for your custody and also parenting responsibility. Ask him to consult Attorney that handles such issues
Q: I was granted sole physical & legal custody of my son in MD. Does my later marriage with his father change the MD order?
Salim U. Shaikh's answer
Your current issue is to formalize Divorce. Your child is already in your legal custody. Support & parenting issue has already supposed to be settled by Court in MD. Child custody and parenting might come up at Florida provided challenged by the other side.
As you will be in touch with your local Attorney, consult this aspect also.
Your current issue is to formalize Divorce. Your child is already in your legal custody. Support & parenting issue has already supposed to be settled by Court in MD. Child custody and parenting might come up at Florida provided challenged by the other side.
As you will be in touch with your local Attorney, consult this aspect also.
Q: Will I be able to get custody of my children if I am a stay at home mum.
Salim U. Shaikh's answer
Is there a decision of court for child custody? or you are expecting to have one unless divorce is formalized.
Is there a decision of court for child custody? or you are expecting to have one unless divorce is formalized.
Q: Can my ex take my son back from me after allowing him to live with me after court order
Rand Scott Lieber's answer
You are bound by whatever court order is in place. If you want to change the order, even by agreement, you must go to the court that issued the order to notify them of the change.
You are bound by whatever court order is in place. If you want to change the order, even by agreement, you must go to the court that issued the order to notify them of the change.
Q: Paternity test positive. What paperwork is needed to get legal custody and change last name. Mother asked father to take
Rand Scott Lieber's answer
If it has never been done, the father needs to file a Petition for Paternity. There is no form for mother to "sign over her rights." Google "florida family law forms" and look at paternity pleadings.
If it has never been done, the father needs to file a Petition for Paternity. There is no form for mother to "sign over her rights." Google "florida family law forms" and look at paternity pleadings.
Q: my child lived with me her hole life. Father filing for 50/50 custody to avoid support. What happens now.
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Florida
on
Answered on Oct 1, 2017
Answered on Oct 1, 2017
Salim U. Shaikh's answer
How old is your child? Whatever the case may you cannot deprive him of parenthood which qualify him for partial custody!! /clarify your question??
How old is your child? Whatever the case may you cannot deprive him of parenthood which qualify him for partial custody!! /clarify your question??
Q: I have three kids, two fathers. There is child support mandated, but no custody arrangement. Can I move to IL?
Terrence H Thorgaard's answer
Yes, you can move, as long as there is no pending custody case, and you are not trying to hide the kids' location from their fathers. Keep in mind, however, either father could sue you in Florida for custody or visitation, until the children have lived in Illinois (or wherever) for at least six months.
Yes, you can move, as long as there is no pending custody case, and you are not trying to hide the kids' location from their fathers. Keep in mind, however, either father could sue you in Florida for custody or visitation, until the children have lived in Illinois (or wherever) for at least six months.
Q: I'm a PR, housewife and my kids are American And Singaporean. How can I have custody of the kids and move to spore
Terrence H Thorgaard's answer
Does the father of the children agree with your desire to move the children to Singapore?
Does the father of the children agree with your desire to move the children to Singapore?
Q: I have my kids every other weekend. Do I have to give my ex address information on where I will be with the kids?
Rand Scott Lieber's answer
You may not have to but why keep it a secret? If she asks then you need to tell her. As long as you are properly caring for the children you should not get in trouble.
You may not have to but why keep it a secret? If she asks then you need to tell her. As long as you are properly caring for the children you should not get in trouble.
Q: Daughter & boyfriend moved to Fl from IL 3 months ago. They have 2 yr old. She wants to leave to Tx ro be with family
Rand Scott Lieber's answer
I can only advise on Florida law. In Florida, if there is no court order of paternity or other court order regarding the child then the mother can move wherever she wants with the child.
I can only advise on Florida law. In Florida, if there is no court order of paternity or other court order regarding the child then the mother can move wherever she wants with the child.
Q: If I got a second job after I separated to meet the ends. Will that count in my child support calculations?.
2 Answers
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
Florida
on
Answered on Sep 26, 2017
Answered on Sep 26, 2017
Rand Scott Lieber's answer
The court will consider all of your income when calculating child support.
The court will consider all of your income when calculating child support.
Q: My granddaughter had a 3 year old daughter she passed and the boyfriend took child out of home is that legal?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Florida
on
Answered on Sep 21, 2017
Answered on Sep 21, 2017
Terrence H Thorgaard's answer
There are several details you have not supplied:
1. Is the boyfriend the child's father?
2. Does he have any court-ordered custodial rights?
If the answers to those questions is "yes", what he is doing is probably "legal".
There are several details you have not supplied:
1. Is the boyfriend the child's father?
2. Does he have any court-ordered custodial rights?
If the answers to those questions is "yes", what he is doing is probably "legal".
Q: I have unresponsive attorney I filed a pro se emergency motion. Judge signed ord strik mot cause no atty??? Help
Griffin Klema's answer
You need to fire your attorney first, and ensure the court recognizes your decision. Generally the court prefers that you have legal representation, and if you discharge your lawyer the court will generally give you time to find a new one. However, I am not a family law expert, and there may be different rules that apply in such proceedings.
If you provide a case number and court where the matter is pending, you will get a better response on a website like this.
Good luck!...
You need to fire your attorney first, and ensure the court recognizes your decision. Generally the court prefers that you have legal representation, and if you discharge your lawyer the court will generally give you time to find a new one. However, I am not a family law expert, and there may be different rules that apply in such proceedings.
If you provide a case number and court where the matter is pending, you will get a better response on a website like this.
Good luck!...
Q: I live in FL. I have a child support order against me from AL. The mother of my child has relocated to GA. Need help
Rand Scott Lieber's answer
You need to begin where the child lives to establish timesharing. Next contact the state agency that is currently collecting the child support.
You need to begin where the child lives to establish timesharing. Next contact the state agency that is currently collecting the child support.
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