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Florida Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My mother in law has temporary guardianship of my my two little girls they closed my case but my mother in law dead

The grandmother who had temporary guardianship of my two little girls passed away yesterday what do I need to do now

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 20, 2023

You need to return to the court that issued the guardianship order to see who is next in line. If you are willing and able to assume custody then you can present your case. Speak with a local family lawyer who specializes in guardianship for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Have joint custody with my wife and my 10 yr old son visits me 4 days a month,can we share a 1 room if each has own bed?

We live in Florida in mom's two bedroom and my wife says it's the law that he has his own room at 10. Currently we have one room to share, separate beds and I don't have any visitors to my mother's home. We have raised 2 very successful daughters, but since our divorce 2 years... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 16, 2023

There is no law that says a 10 year old must have their own bedroom. The legal standard is "best interests of the child." As long as you can show that you have a safe and healthy environment for the child you are meeting your obligation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: ex parte to return with child to tn from fl. Not official been served or notified. Would they show mid of night to get ?

the mother, my fiancé and I live in FL for 4 months now. The daughters father who has not seen her in over 2 yrs filed several motions and apparently already has an order for us to return to tn and give him child. Are cops going to show up at my door? Help. No extra money. Scared to death. She is... Read more »

John Michael Frick
John Michael Frick
answered on Mar 15, 2023

I am assuming from your question that there is a custody order that was either issued by a Tennessee court or was registered with Tennessee as a foreign judgment. I am assuming that the custody order gives the father certain visitation rights.

When you moved from Tennessee to Florida,...
Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: lived in fl for 5 months and child’s non custodial parent gets a crt order in tn to bring them back can it be enforced
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2023

Yes. Assuming that no other court case was filed before now, jurisdiction would be in Tennessee, not Florida. The Uniform Child Custody and Jurisdiction Act (the law in both states) would require that the child has been in Florida for at least six months before exclusive jurisdiction would be in... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What steps can I take to get legal rights of my daughter so the mother can not take her out of state ?

I am on my daughters birth certificate the mother and I are no longer on good terms but she wants to take her out of state without my consent.

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 7, 2023

If you have never been to court regarding the child then you need to file a petition for paternity. A paternity lawsuit will establish and protect your rights as the father. Issues like school and moving will be covered by "shared parental responsibility" which means that both parents... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My mom is trying to send me to a boarding school. Is there anyway my dad can get a lawyer and stop this?

If someone could talk with me in private about my situation please email me at kyreechenkin@gmail.com

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 28, 2023

If you are a minor in Florida then your parents are in control. If they are divorced then normally they must agree on where you go to school. If they cannot agree then the court will choose which parent decides. Good luck.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Hey if I got denied from modification from administrative child support but I filed through judicial court

And they're trying to suspend my license I have court tomorrow I filed today for another modification through the judicial court does that still buy me time to get back in court to show that I'm doing my part and they won't suspend my license

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 21, 2023

You are always able to motion the court to not suspend your driving privilege. The court wants you to work to earn money to pay the child support. Explain that you cannot work without your drivers license. As long as you can demonstrate that you are making your best efforts to work and pay your... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can a parent that's Behind over $5,000 in child support threatened to take his kids away from the mother due to hardship

Mother behind in rent from loss of job on 10/31. Mother back at work 12/19. She's trying to get caught up.

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 13, 2023

Timesharing and child support are two separate issues. You cannot have timesharing taken away because you are not paying child support. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Family Law 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.

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