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Florida Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Florida on
Q: How can a judge (FL) order someone who is unemployed to pay of $800 in child support.

Judge allowed mother to temp relocate back to NY. I have to pay travel expense for my son who is 5 years old which consist of flight ($300-$500) in addition unaccompanied minor fee ($300RT).

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 8, 2023

Generally speaking, when a party is unemployed, for child support purposes, they are imputed (assumed) to be earning minimum wage. If you cannot afford the timesharing based on a minimum wage income then you should return to court and ask for a modification. Because this can be a complex issue... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: In a custody case, can the child be living on a yacht without the mothers permission or knowledge

4 years ago my son’s grandparents tricked me into signing over temporary custody by extended family to them (and they live in a different state.)

They have recently moved to a yacht so I don’t have a physical address of my child. And they are also refusing to let me visit him. I want... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 30, 2023

This response is only based on Florida law. You need to return to whatever court issued the order that the grandparents have custody. Whether by your agreement or not, you need to ask the court to change the order and return custody to you. The rest of your questions will resolve after you take... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Child custody and support questions well after a divorce

My fiancé has 50-50 custody for his children he got divorced several years ago and this has been the ongoing situation since the separation. This year she quit her job of 20 years and has not seeked employment since. She is now looking to take my fiancé back to court and fight for full custody... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 18, 2023

Timesharing and child support are modifiable until the children turn eighteen. To modify child support you have to show a change in the parent's income that was out of their control. If a parent just decides not to work the court will presume (impute) the income that they were earning.... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: If there is no court order for mother not to see her child can a father refuse? Court has papers that they share custody
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 13, 2023

The father would have to abide by whatever visitation terms the court has ordered.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I was wondering where I could get help with child custody.

My sons father keeps him from me when he gets mad. This past time is because I forgot to text him. I just want legal paper on when each of us had our time with him.

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 11, 2023

If you are not married then you, as the mother, already have 100% control of the child. If you want something formal and legal then you need to file a petition for paternity. Through that process you will get a parenting plan which is a written agreement between the parents regarding all rights and... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What can I do if I let my kids go to their mothers for the summer to make sure she brings them back home.

I have 3 children who's mother lives in Michigan and me and my wife live in Florida. I've had the children for about 8yrs. Their mother wants them for the summer. We have not been through family court for any visitation but she has came to visit a couple of times in the last 8yrs. What... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 2, 2023

A notarized letter probably wouldn't make much difference were she to fail to return the children as agreed. I assume that the mother of the children and you were never married, or there would be something in the divorce decree about custody and visitation. It would be best if a court case... Read more »

3 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Is it possible for me to file for modification of child support on my own without a lawyer in Florida?

I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2022

There is no requirement for you to have a lawyer to file a modification. You will be expected to follow all of the rules that apply. If your situation continues to be contentious then expect it to be that way for the modification as well. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Criminal Law, Child Custody and Civil Rights for Florida on
Q: How do I find out if my parental rights have been taken from me or not?
Charles M.  Baron
Charles M. Baron
answered on Dec 27, 2022

Your parental rights cannot be taken from you unless you (A) are in a Circuit Court proceeding with the opportunity to contest it, and a court order is issued (which may be appealed), or (B) you voluntarily give up your rights in writing (for example, if you give your child up for adoption).

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My sons dad is in prison, He is due to be released soon, do i have to pay to have full custody granted i dont have funds

My son and me have not lived with his father or in the same state as him since my son was 7 months old, he is currently in prison and due to be released in a matter of weeks. He speaks to him daily, as many times as he would like but i know when he gets released he will threaten to take my son away... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Dec 23, 2022

If you believe living with him might be detrimental for you and your son's well being, talk to a lawyer right away to know the best action.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: My son’s mom committed suicide and his Aunt has custody through Bossier court. I can’t afford a lawyer; I need help

I was living in Missouri at the time custody was granted to me and the divorce was final. Life was good; I got married again. One night she drink too much, way too much. I locked myself in a room with my son; made a video and I was also in contact with my child’s mom. I filed an order of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 13, 2022

Your post is confusing, so let me see if I got it right:

You were divorced from the child's mother, and you were granted custody.

Then you re-married. Your second wife got violent, while you and your son locked yourselves in a room so that she couldn't harm either of you....
Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have half custody of my 10 year old daughter. Her Mother has school choice according to the custody agreement but my

Child would like to try homeschool and I agree? Do we have to go before the judge to challenge her Mother to choose homeschool?

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 10, 2022

Assuming that you have shared parental responsibility, if the parents do not agree on schooling (education) then you must return to court and show why it is in the child's best interest to change schools. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Adoption and Child Custody for Florida on
Q: My husbands ex adopted out his son for money. She had another man sign birth c. We need help. He is biologically the dad

She used the attorney to adopt child and got “cost of living expenses “ (10k). My husband is the biological father. The ex was in jail when my husband motioned court for paternity and she wrote a letter saying he wasn’t father and that she adopted him out. After that they dismissed his... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 9, 2022

If the order of dismissal was based in jurisdiction, chances are that the court is not where the child lived at the time of the adoption petition. Contact an attorney licensed to practice law in that state.

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Q: My wife filled divorce we got 3 kids
Paul Michael McDermott
Paul Michael McDermott
answered on Dec 8, 2022

You have 20 days to file your Answer to the Petition once you are actually "served" by the process server. It is usually recommended that you also file a Counter-Petition to include your requests for timesharing with the children, alimony, child support, etc... to preserve your rights.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What motion can I file to have both parents evaluated for parental alienation and moral fitness? Or what is my option?

Ex wife is controlling and now is making false claims of domestic violence and harassment while filing supplemental petition for relocation

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 7, 2022

You can file a motion for psychological testing of either parent if you can show that it is relevant to the issues before the court. This is not always easy to show. You also have to consider the expense involved. Are you willing to pay for the evaluations? Discuss these issues with a local family... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: What can I do if my ex says she has a child that is mine but never let me meet them and has blocked me?

I was dating a girl and she suddenly broke up with me and there was no communication. After 6 months she contacted me to tell me she was pregnant with my child and I ruined her life and she wanted nothing to do with me. I have tried to get in contact with her to meet my son however she has blocked... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 30, 2022

The best way for you to force the issue is to bring a paternity case against her. You would probably need to go to court in Georgia where the child lives. Step one would be to request a DNA test and then go from there. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Do I have to supply all documents for mandatory disclosure for a modification of parenting plan with no child support

I’m not asking to modify child support just circumstances have changed with my parenting plan and I can’t come to an agreement with the mother of my son.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 28, 2022

You can make an argument that if there are no financial issues then the mandatory disclosure for a modification are not necessary. However, if any of the requested modifications change the overnights, which in turn can change child support, then they may be required. If necessary, the focus will be... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Does my written answer to a petition need to be notarized before submitting it to the clerk of courts

The petition was filed in broward county and I live with my child here in Polk County. I'm trying to submit my answer and relocate the case and not really sure how to go about it. I've been trying lawyers for a consultation with no luck and am running out of time to put in my submission.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 28, 2022

You need to answer the petition in Broward county. You can also file a motion to transfer jurisdiction to where you live. Look for a family lawyer with a free consultation. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Do I have to file my written response in the county the petition was filed or can I file it with supplemental petition

I want to file a supplemental petition to move the case to the county where I live with my daughter but I have to write a response to the petition filed by her dad in a different county. I don't have transportation to the other county to file in their clerk of courts. Even if I file a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 28, 2022

You can file it online, using Florida's E0filing Portal:

https://www.myflcourtaccess.com/Common/UIPages/NotLoggedIn.aspx

Or, obviously, you could probably mail it to the clerk of court in the county where the father filed his petition.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I file a motion for relocation. I do not live in the county where the petition was filed
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 23, 2022

You can file your supplemental petition where you live and/or preferably where the child lives. Assuming that all legal issues have been in Florida you can attach the original order to your petition as an exhibit. Relocation can be complex so speak with a local family lawyer for more specific... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What motion can I file when a parent willingly neglects to ensure the safety of a child from their known allergens?

My son is severely allergic to cats and dogs. Their father, who has not seen him physically for three years or had communication with him for two years, was granted visitation on 10/25 by a general magistrate even though my ex-husband refused to carry out what was issued in the report and... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Nov 17, 2022

File a petition to modify time sharing.

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