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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex has not responded and I want to change my original offer for time sharing can I fix it upon filing for default?

We had a verbal agreement for about a year it would change slightly more and more until I went to establish an order in writing (so he could no longer deviate) and as soon as he was served he stopped seeing the kids completely. My original offer was our verbal agreement, however, now there isnt... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 5, 2019

File a parenting plan with exactly what you want. If he defaults then you get what you want until he chooses to come to court.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a magistrate adjust child support at a hearing after a new parenting plan was agreed upon with more overnights?

My ex filed a Petition to Determine Paternity & Related Relief. There's a support order in place since August 2017 but no parenting plan so overnights are not included in the support order. We met with a mediator and agreed on a parenting plan that gives me 134 overnights per year. We both filed a... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 4, 2019

You need to read the paper carefully that tells you to come on January 14. It should say specifically what will be addressed by the court. If it does not mention child support then you should probably file the modification right away. The court will look at her ongoing regular income, not zero... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: In the state of Florida if you have adopted a teenager and at Age 17.5 can the teen move out with parents' concent?
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

Whether or not you consent to your child moving out, you are still responsible for the child until he or she reaches the age of 18. Whether or not the child is adopted or your biological child makes no difference.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: My son has a 3 year old son with his ex girlfriend. I am not sure what his rights are as we were out of town and we

believe she has left the state of Florida. She will not speak with him speak or us and she appears to be trying to cut ties. Please advise. Thank you.

Rand Scott Lieber
Rand Scott Lieber answered on Dec 3, 2019

Since they are not married, unless your son has been to court on a paternity case she can move with the child wherever she likes. Your son should consult with a local family law attorney as soon as possible to protect his rights.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: any worried?

my wife and I moved from texas to Florida for a job relocation. her son, my step son, has a father that is now being difficult after the fact. she has a standard order of possession from the attorney general office of tx without any geographical restrictions. and also does not state anything about... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 3, 2019

Since you and you wife have moved to Florida with her underage son the courts of Florida are now able to assert jurisdiction over all issues involving the son--including adopting the Texas order you referred to. It might be helpful for you to consult a family law lawyer in the Orland area to advise... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: can siblings take custody

My cousin D is under 16 his mom passed and his dad passed some years ago. So he’s an orphan. His mom remarried and D lived with his mom an stepdad. Would my cousin D get a survivors benefit or something similar to that? My dad mentioned this to me but I don’t remember the specific name. If my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 30, 2019

D's adult brother, you his cousin, or any other person (such as the stepfather) might petition the courts for custody. You should consult with a family law attorney for details.

1 Answer | Asked in Family Law for Florida on
Q: Can a 17 year date a 21 year old but the person turns 18 less than a month
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2019

So you are asking if a 17 year-old is allowed to date another 17 year-old (or perhaps whether a 17 year-old is allowed to date a 21-year old)? The short answer is: yes.

Or is "date" code for sex? That would be a different question.

1 Answer | Asked in Family Law for Florida on
Q: I received a form 12.910(a) Summons and I didn't respond between the 20 days. Its been a month already. What can I do? S

I received a form 12.910(a) Summons and I didn't respond between the 20 days. Its been a month already. What can I do? Should I go to court and make a letter? Basically the case is: My child used to leave with me and early this year she decided to move in with her dad! We both agree to do the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 26, 2019

You should file something with the court, even if you agree with what is happening.

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: My ex-wife went on disability I was receiving alimony court order collected off 401k
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 26, 2019

You are going to have to expand this question to add another two or three paragraphs of facts before any lawyer will be able to advise you.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I visit my child at their school? Their guardian won't let me speak or see them at all and I want to see my child

I had a case plan with CPS before and because my child father completed his first they told me they no longer can help me and I have to petition a judge to get a custody agreement in place for my child, however when I went to the courthouse they told me no I have to finish my case plan first.... Read more »

Katrina Wegmann
Katrina Wegmann answered on Nov 25, 2019

It seems as if you need to complete your case plan before you can exercise time-sharing with your child. I would not recommend initiating time-sharing with the child at school without notice until you have complied with any and all court imposed requirements. Good luck.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Do you have to establish paternity in the same state child was born?

Child was born in Wisconsin but lives in Florida

Rand Scott Lieber
Rand Scott Lieber answered on Nov 25, 2019

Paternity should be established where the mother and child live. As long as you have been in Florida for six months then you can file here.

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1 Answer | Asked in Family Law for Florida on
Q: My 18 year old daughter has mental issues ( severe depression) and her mother wants to kick her out of her house.

My daughter recently was interned in a mental hospital, and when she came out just before her 18th birthday, her mother has been threatening to kick her out on her 18th birthday (which was yesterday).

My daughter is in such a state that she cannot keep up with her classes at school, and has... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 25, 2019

Your daughter is now an adult. Unless she gives you (or someone here in the states you both trust) Power of Attorney there is very little you can do to help her. If you can afford to hire a competent Florida lawyer they may be able to find someone to help and do the POA that is needed--and then... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I have a 4 yo daughter, my ex moved to another state and his driver license has been suspended here..

...for financial responsbility and as far as I know, he doesn't have a new one from the state he moved to.

We don't have an open case or anything, but I normally let him see her during supervised visits and even stay overnight with her in my house.

Lately, he wants to force me to... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 24, 2019

As an unwed mother, you actually have full guardianship of the child and do not have to "allow" any contact that is not court ordered. Therefore, although we always recommend working things out with the other parent, you should not allow the father to dictate the terms of how he will see the child... Read more »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: My childs father has a history of domestic violence. Is it parental alienation if i restrict time because Im worried?

There is no parental plan in place. His history of domestic violence is with me and his other childs mother. In both cases he abused in front of the children. Since I have been keeping him, his dad has been sending welfare checks every week to my house to intimidate me. I keep an open line of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 24, 2019

If there is no parental plan (or custody order) in place, the father would have to go to court to get one. But you should seek one if the father doesn't.

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1 Answer | Asked in Family Law for Florida on
Q: Need help.with an out of state parenting plan

Father in State of WA mother and custodial parent in FL and initial parenting plan set in WA but there NEEDS to be mediation and possible contempt to father

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 22, 2019

If the court order setting custody was in Washington state, and the father is still in Washington, you need to litigate the current dispute in that state.

1 Answer | Asked in Civil Litigation, Family Law, Adoption and Child Support for Florida on
Q: Need help with FL law in regards to child support termination via adoption. Father wants to sign over his rights.

Mother has full custody and is remarried. Father has already established paternity but lives in NH.

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 21, 2019

If the Father is willing to consent to a step-parent adoption, then it is a relatively simple matter to have the child adopted by the step-father and the Father's rights terminated. If, on the other hand, the Father wishes to terminate his rights and leave the child fatherless, this is normally not... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My timesharing rights were suspended in 2016 because I didn’t show up to court because I was incarcerated. My ex gave

My Parents legal guardianship of my daughter who is now 17. My parents and my daughter want her to come to Florida to stay with me for Christmas but my ex is saying I need to file a modification and petition the court for visitation. If my parents have guardianship legally through clay county... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 20, 2019

If your parents still have legal guardianship over your 17 year old daughter--without any restrictions on their time-sharing rights (such as an agreement that allows your ex visitation rights over the Christmas holiday)--then they are the ones who get to decide.

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: I'm the legally the father of a 3yr oldand have proved paternity. Not married when child was born. I want 50% custody

I have a 3 yr old from a non Martial relationship. I'm the legal and biological father via a signed birth certificate. I want joint custody and 50% time sharing. What's the best first step and overall course of action. Please answer with some detail and not suggest making appt. Once I have a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 20, 2019

Here is my response, in as much detail as you need--at this time:

You will have to file a lawsuit against the person who has full custody.

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Can an individual with limited guardianship for educational purpose apply for or request child support or back support ?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 19, 2019

"Request child support or back support" from whom and for what purpose?

2 Answers | Asked in Estate Planning and Family Law for Florida on
Q: My mother passed and left the house to me 100% her household items are in trust 50/50 to me and my brother

.. I have been boxing things up and have asked my brother and his kids to come and take anything they want..as there is nothing I must have... I have even offered to put what my brother wants in the garage until he can come get it... Yet he is telling me I am doing this too soon for him and I must... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 18, 2019

No, there is no law or rule that control this family situation. If it was my problem I would box EVERYTHING up and put it some small storage unit somewhere near where your brother and his family live. It cannot cost the estate more than $75 per month to do it; and even if it sits there for a year... Read more »

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