Lawyers, Answer Questions  & Get Points Log In
Florida Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I’m 17 and my father has joint custody of me and I was wondering if I can cross state lines on my own

.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 29, 2020

Should be ok, but how are you going to buy a plane ticket?

1 Answer | Asked in Child Custody for Florida on
Q: Does a child with same parents get granfathered into an existing time sharing order
Terrence H Thorgaard
Terrence H Thorgaard answered on May 29, 2020

A child with the same parents is called a sibling (a brother or a sister). If the timesharing order somehow doesn't include that child, the order should be amended.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My court order only states that the Memorial Day weekend is with mother and the Labor Day weekend is with father.

My court order only states that the Memorial Day weekend is with mother and the Labor Day weekend is with father. Memorial Day weekend falls on my daughter father weekend. But my order doesn’t give exact details on when I can pick my daughter up it only say mother have Memorial Day weekend. So I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 26, 2020

File a motion with the court, seeking clarification.

1 Answer | Asked in Family Law, Adoption, Child Custody and Civil Rights for Florida on
Q: I have an open dcf case that isnt going good in florida and im pregnant again. My case worker is agaisnt me big time,

Im ready to throw in the towel and give my rights up to my current dcf case ( family first network ), meanwhile me and my current boyfriend live together and thats who im pregnant for now. I want to know if theres a way to give my rights up to him to the baby im carrying now at the hospital without... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 23, 2020

Ask your public defender these questions.

4 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: I moved out of Florida before my wife filed for divorce. Do I need a lawyer who is certified in both FL and NC?
Terrence H Thorgaard
Terrence H Thorgaard answered on May 17, 2020

No, assuming that she filed in Florida, you need an attorney licensed to practice in Florida.

View More Answers

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Mom and kids live in FL for about a year. We have joint legal and physical custody. I live in GA were the parenting plan

was done. Due to COVID 19 I can work remote now and I am thinking maybe to relocate to FL to be closer to my kids. Can I request or get more parenting time if I originally had it move the kids before the moved? Also will child support be recalculated based on the new time?

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

Yes, you can ask the Georgia court to revise the custody and child support.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Can i build a case for mom to move back to florida since she had my baby?

I got my ex girlfriend pregnant, she moved to Florida for less than a year to be with me, left when we broke up(months) back to Rhode Island and was pregnant. Can I build a case so she would have to move to Florida so i can be in my kids life? I am not on birth certificate

Terrence H Thorgaard
Terrence H Thorgaard answered on May 5, 2020

No, I really doubt that you could prevail on that one. If you want visitation with the child you will probably have to move to Florida or be prepared to travel here from time to time.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Can i build a case for mom to move back to florida since she had my baby?

I got my ex girlfriend pregnant, she moved to Florida for less than a year to be with me, left when we broke up(months) back to Rhode Island and was pregnant. Can I build a case so she would have to move to Florida so i can be in my kids life? I am not on birth certificate

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on May 5, 2020

Although you cannot make mom return, you can ask the court to order for the child to move here and for you to be the majority timesharing parent. This is not as easy as it sounds, but it is your best bet when compared to trying to get mom to move here. Unfortunately, you will need to seek this... Read more »

View More Answers

1 Answer | Asked in Child Custody for Florida on
Q: I have primary custody of my 9yr old daughter. And a court order allowing the mother to see have her every other weekend

her mother hasnt called or seen her in exactly one year what can I do? Especially if she just shows up one day wanting to see her. I want her rights revoked for abandonment if possible.

B. Elaine Jones
B. Elaine Jones answered on May 4, 2020

You should consult with a family law attorney to find out what your options are. If you have some way of proving that she hasn't seen the child for a year that would be helpful toward your goal. If not, I suggest you start keeping a calendar just for the purpose of documenting the weekends... Read more »

2 Answers | Asked in Child Custody for Florida on
Q: Married 12 years, still with husband. I had an affair that resulted in 2 children with another man but hub is the legal

& acting Father. We were never separated. The Kids are now 4 & 5 with no involvement from the other man who said from day 1 he wanted nothing to do with them (we live in Fl, he lives in San Antonio Texas). Can he now come back & file a petition for paternity?

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

Yes, but why would he? It's not likely that he would be awarded custody, and he would probably be required to pay child support.

View More Answers

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Florida on
Q: What would happen if I call the cops on my brother?

My brother is 16 he’ll be 17 in June but my stepdad recently went to jail for sexual assault on minors and my mother has custody of my brothers now and lives in her own place. They are still married so DCF agreed to them living with her and she’s planning on canceling all the bills for the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 4, 2020

DCF has jurisdiction here; the cops can do nothing except take your brother (and you?) to DCF.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Married for 13 years in Florida. Husband left the home 18 months ago. Still pays rent. Nothing more. He just filed for

divorce end of Match 2020. Our son called up his dad and asked to live with him as he was unhappy with his chores. He lives in Orlando. We live in St. Augustine(over 2 hours away). His dad came and picked him up 2 days ago. I didn't want to fight with them(abuse in relationship, scared).... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 29, 2020

If you cannot reach a resolution with the father then your only remedy is to go to court. It is unlikely in the divorce that the court would split up three children. However, you will both have a timesharing schedule defining when the children are with each of you. If he filed for divorce and then... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can my mom still force me to stay with her?

Hello. I am a 15 year old boy living in Orlando. My parents are not together. I live with my mom while my dad lives in Miami. For about a year now, my stepdad's parents have been living with us, turning my and my mom's lives unhappy. For awhile I have thought about living with my dad, but... Read more »

Jean Richardson
Jean Richardson answered on Apr 27, 2020

You should have a conversation with both parents and let them know how you feel and what you believe is in your best interest. At 15, if your parents were going through a divorce, a Court would want to know who you want to live with. If your dad wants you to live with him, and he can accommodate... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can a father who lives in Alabama pick his child up in Florida and keep them against court order?

Step daughters mother has a history of abuse. We have just received evidence that SD (14) is in a highly inappropriate relationship with her mother's boyfriend's adult son (in his mid 20s). We will be contacting the police as well as DCF, but we would like to keep SD safe from her... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 26, 2020

No, you probably cannot take custody of the child prior to the authorities becoming involved. You didn't say whether there is a custody order in place; were the child's parents divorced?

1 Answer | Asked in Gov & Administrative Law, Family Law, Child Custody and Civil Rights for Florida on
Q: In a state of emergency do courts still have to follow time restrictions

My case is a shelter hearing took place and now I'm waiting 40 Days for arraignment and to take it to trial. They have taken my child with the statements of an ex who we are in a nasty custody battle and a investigator who did not administer a drug screen properly nor investigate the whole... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2020

No, of course not.

How do you expect the Florida courts to keep up with all the traffic when most of the court staff is in lockdown ordered by the governor? But the Good news is that you have plenty of extra time to think up your story and plot your defense. Right?

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I have had a TPR in the past and am now pregnant again. Will this baby be taken at the hospital no matter what?

I am no longer on drugs or in a violent relationship. Would they still be able to terminate solely based on a prior termination?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

This is a very very important question that CANNOT be answered online. You should make an appointment with a Florida lawyer who has represented other mothers in your situation.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What could I do about my babymoms trying to take my 2 kids out of state? We have no court order but i am an active fathe

10 month old baby and 4 year old are trying to be taken out of state without my permission We have no court order but i signed both birth certificates and have been apart of my children’s life actively

Jean Richardson
Jean Richardson answered on Apr 21, 2020

Why is she moving out of state, job opportunity, family support to allow her to go back to school/work? If you decide to file a court action, the prevailing standard is "best interest of the child." If she is trying to better herself through better employment or educational opportunities,... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: Can my friend give birth without any worries in Georgia if she had to surrender her rights to her other kids in Florida?

One of my good friends had to surrender her rights to her 3 children a few years ago (I think it was due to medical neglect and a history of PTSD that she hadn't done anything about) she is pregnant again and is fearful that they will take her baby from her. She has since then made amazing... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 11, 2020

Laws are different from state to state. Why don't you ask this question in Justia > Ask a Lawyer > Georgia?

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: What happens when you dont include asserts in a financial affidavit

Not including car spending $112 on groomingp

Jeffrey Snyder
Jeffrey Snyder answered on Apr 10, 2020

"Car spending" and "grooming" are not assets. Those are expenses.

Regardless, if the financial affidavit is sworn to, intentionally lying on the affidavit constitutes a crime. My suggestion is to seek a family law attorney's advice and hire them to properly respond to discovery.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.