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Florida Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: When someone dies do blood relatives have any rights to visitation with the deceaseds children
Rand Scott Lieber
Rand Scott Lieber answered on Jun 8, 2021

Timesharing (visitation) is controlled by the mother and father. Extended family, blood or not, has no direct legal right to timesharing without going through the parent.

1 Answer | Asked in Child Custody for Florida on
Q: My son grandma has concurrent custody of him but she does nothing for him I his mother do it all so can I take him and m
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2021

If the grandmother was awarded "concurrent" custody, you will need to go back to court and get that court order modified.

2 Answers | Asked in Child Custody for Florida on
Q: Can I take my child and move out if the grandma had concurent custody
Rand Scott Lieber
Rand Scott Lieber answered on Jun 3, 2021

Presumably you have some sort of legal document that defines your rights and grandma's rights. You do not mention if grandma objects to the move. Look for a local family law attorney to give you more specific advice.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What is the best way to terminate parental rights?

My 11 month old son's father has been in and out of the picture since he was born. We are now broken up and I'm dating someone who is interested in adopting my son. As of right now we have not established paternity, but the bio father is on birth certificate. I just received a text from... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jun 3, 2021

To make it legal you will need to go through dependency court. Even with the father's cooperation a termination of parental rights can be difficult. Look for a local family law attorney who handles dependency cases.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: There was no evidence of texts supposedly sent, yet the judge accepted them and took their word over lack of evidence??

So what happened was during a custody trial, the father had claimed the defendant was trying to keep the daughter away from him (he’s behind on child support and has lied on who was watching over their daughter among other relevant things) and had said he had evidence that he wanted thing to work... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 3, 2021

If text messages were offered as evidence, presumably someone testified about those texts being sent. That would be sufficient evidence of the texts. There might be hearsay problems, but that would depend on such matters as what exactly was intended to be shown by the introduction of each text,... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Child custody agreement was written up in Volusia County Florida we then got married in Texas. We are getting divorced

Wondering if a new custody agreement needs to be reached?

2017 we got a custody agreement written up in Florida

2018 we got married in Texas

We were separated after a month of marriage and are just now getting divorced in Florida

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

In what state are you getting divorced/ living in now? If you both signed the original agreement then it is a contract between the two of you. Unless you want to change it, you may be able to file it where you are getting divorced and ask the court to adopt the agreement. If you want changes it... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a full custody parent travel outside the country and leave the children with their current spouse?

Full custody parent traveled outside the country and didn't inform the other parent. There are concerns of possible child abuse by step parent left in charge of child. Can non custodian parent do something?

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

You need to carefully read the parenting plan regarding travel and right of first refusal. If the custodial parent has all of the timesharing rights then it is possible for them to travel and use their chosen caretaker. If there is a restriction it will be written in the parenting plan.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: My son attends a different high school than what was agreed on the parenting plan, can my ex unenrol him?

My ex husband and I agreed that our son would attend a different high school to the one stated in the parenting plan. My ex is now rescinded this and is insisting that he attend the high school stated in parenting plan and is threatening to unenrol him tomorrow. Does the joint decision we made... Read more »

Christy L. Hertz
Christy L. Hertz answered on May 26, 2021

The Parenting Plan controls unless it was modified in writing and adopted by the Court. Therefore, unfortunately the joint decision that was verbal is not binding. However, the joint decision is relevant related to any modifications on the Parenting Plan and school.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Can I remove husband off of daughter's birth certificate if he is not the biological father?

I became pregnant with my daughter during the time my boyfriend and I were separated. It was a one time and I do not know the father. The boyfriend and I did keep seeing each other and when I found out I was pregnant I told him and I moved back in with him at 6 months pregnant.

We were... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 19, 2021

You cannot do anything. He is the legal father and the law is relatively complex in this regard. He has the right to maintain his status as the legal father and your child has the right to maintain her status of legitimacy. In terms of a timesharing schedule and parenting plan if/when you do... Read more »

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2 Answers | Asked in Child Custody for Florida on
Q: How do I deal with school disagreements with shared custody?

My ex and I share custody of our 13 year old daughter. In the parenting plan it states that my address is the designation for school and I just moved out of the school district my daughter goes to meaning she now needs to move schools (from Lee County to Charlotte County.) Her father is upset that... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 18, 2021

Changing schools is governed by shared parental responsibility. So yes, you have violated that and he can take you to court. Changing schools is different than relocating within the 50 mile radius. If you cannot reach an agreement then you will need to go to court on this issue.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can a general magistrate order additional relief that neither party requested?

General Magistrate ordered that I inform my ex (I share a son with them) any time I get a ticket/moving violation during a hearing where I was requesting to remove a joint stipulation from 2015 where I agreed I would not drive our son because I did not have a license. Neither my attorney nor his... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 12, 2021

Yes, the magistrate was probably within the bounds of the motion since it had to do with your driving privilege.

1 Answer | Asked in Military Law, Adoption and Child Custody for Florida on
Q: My wife is a disabled veteran and has 9 year old daughter. We are looking to try for me to adopt her

The father has not been in her life since she was 1, and has had no contact nor attempted to contact her. I understand that these kind of adoption can cost quite a bit, and given my wife's disability, we don't have that kind of extra money. So I'm asking if there are any pro bono... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

You can actually do this without an attorney if you are unable to locate a pro bono attorney. Here is the link to the forms from the Florida Courts website:... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: What state is emergency temporary custody to be filed?

My daughter has an active open case with social services in NC. She has recently asked me to come take the kids till the end of the school year while she gets her life straightened out. I sent her sister, my other daughter to pick my grandchildren up. The same day my father was in an accident &... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

Florida may have what is considered "emergency jurisdiction" under the UCCJEA; however, from what you write, it appears that the children's home state is North Carolina if the children regularly reside there. In the event something is filed in NC and that is the children's home... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: i’m 17, i need to get out of this house. can i legally leave and live with someone else against my parents wishes?

my step mom and dad can be physically or emotionally abusive. i help out so much but still get treated like trash. i’m so emotionally drained and i can’t live here anymore. they cause frequent panick or anxiety attacks for me and it’s getting to the point where i’m severely depressed. can i... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

Please reach out to a trusted adult or other relative. It can be a teacher, guidance counselor, school principal or administrator, clergy member, friend's parent, doctor, or someone. If you are being abused, you can also call the abuse hotline in Florida. That will cause the Department of... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: If my baby mama is keeping my kid from me how do I go about legally getting to see him
Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

Hi, an unwed Father must assert his paternity and parental rights (along with responsibilities). You do this by filing a Petition for Paternity and Related Relief. This is something that you can do on your own or you can retain counsel for such case.

1 Answer | Asked in Child Custody for Florida on
Q: Are the children’s medical records checked and a child custody case?
Tami Lane Augen
Tami Lane Augen answered on May 8, 2021

In the event you are going through either a divorce or a paternity case, the children’s medical records are typically not relevant unless there is a specific enumerated reason that they would be necessary. This is an issue that you would discuss with an attorney in order to ascertain whether or... Read more »

1 Answer | Asked in Divorce, Child Custody and Health Care Law for Florida on
Q: What happens if my ex takes my kid to the doctor without permission?
Tami Lane Augen
Tami Lane Augen answered on May 8, 2021

It really depends on two things. First, what does your final judgment and/or marital settlement agreement say about this? Second, what is the purpose of the children going to the doctor? There is no one right answer to your question, it really depends on the facts and circumstances. It would... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a father still have to pay child support if he signs over his parental rights?

The child support was court ordered through a judge from getting a divorce. Father has no visitation rights, mother has 100% custody of child and father see's child when they want rather than consistently.

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

What you are asking is not something that is done as same is against public policy. The responsibility to pay child support is not tied to the timesharing. There are ways to terminate parental rights and that is something that can be discussed with an attorney to see if this is possible in your... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: can I win if I summit a motion for default?

I went to pre trial on march based on my motion for contempt and modified time sharing that i put in the courts against my son father and the judge told my son father at Pre trial that he have 20 days to respond back to my motion. its been over a month and he have not responded and it was ordered... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

Motions do not typically require responses. However, a responsive motion or an Answer is required in response to a supplemental petition for modification. You may want to see if you can schedule another status conference with the judge. Additionally, if this was a pre-trial conference, there... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can I get full custody of my son after 2 years no contact from mother

I just filed for divorce from my ex. She was extremely abusive and even stabbed me 2 times. We have been separated 3 years. In the past 2 years I've had my son who just turned 6. His mother has not been in the picture this whole time. The only communication has been 3 emails in total, only 1... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 5, 2021

You appear to have a strong case for the child being with you full time. You can achieve this through the divorce process. The more difficult issue would be to try and terminate the mother's parental rights. This would happen in dependency court and is a prerequisite to anyone else adopting... Read more »

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