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Florida Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What is an attorney on record mean for the opposing party
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 10, 2021

The term "attorney of record" means the attorney who has "appeared" in the case for one of the parties, either by signing a pleading in that case or by signing a notice of appearance.

2 Answers | Asked in Child Custody, Child Support, Civil Litigation and Civil Rights for Florida on
Q: Hello I'm froilan i just became a dad april 2,2021 The question is: my wife is inside a rehab with my newborn. Now

She's a newb mother she barely know about been a mon and she's scared because she has noone to help her in there or to show her few tricks for the baby not to cry. She's scared because sometimes the baby cry's and she does everything that was teached to her but he doesn't... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2021

Speak to an attorney who practices family law about seeking a court-ordered parenting plan.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody, Domestic Violence and Libel & Slander for Florida on
Q: What do I do?!?! This person is trying to ruin me!!!!

My ex wife has filed multiple false allegations against me since 2014, dcf cases, injunctions, and trying to modify child arrangements. Each report says something different, and none of them have gone in her favor meaning I have been lucky enough for a judge not to believe her. This time she is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 25, 2021

1. The first line of defense I see is for you to go back to the same court that granted your divorce and file a motion to reopen the cases and also file a motion for contempt--citing all of the reasons you gave us here.

2. The second line of defense is to hire a very experienced trial...
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1 Answer | Asked in Adoption and Child Custody for Florida on
Q: Since his time sharing petition was opened first does that override the step parent adoption.

My ex petitioned the court for time sharing at the end of Jan/Feb 2020 (to avoid child support in my opinion) in March of 2020 my husband and I petitioned the court for TPR and Step Parent adoption (Ex hasn’t seen child in 5 years and the child is 6yrs old) In Aug 2020 our petition was granted... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 22, 2021

If the TPR and adoption have already been granted then you need to provide that final order to the court that is addressing the timesharing issue. You should speak with a local family lawyer to make sure that it is handled properly.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I’m 17 and I have a full time job, want to move out, what’s the process?
Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 21, 2021

You get someone to petition the court to remove your "disability of nonage". Some details are here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0743/Sections/0743.015.html

But where would you live? If you...
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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I’m 17 and I have a full time job, want to move out, what’s the process?
Shiobhan Olivero
Shiobhan Olivero answered on Mar 30, 2021

The question I ask back is - when are you going to turn 18? You can hire someone to file a petition for emancipation so that you can emancipate and live on your own as a minor --- if you meet all of the requirements of the law. However, the process is not a quick one. So, if you are going to turn... Read more »

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1 Answer | Asked in Divorce and Child Custody for Florida on
Q: What is the procedure of getting custody of my 15 yr old daughter who's in custody of her mother.

Also is there an opportunity to submit a request for my daughter to express her desire where to live.

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

You do not mention what the current legal status is. If you were never married then you either need to file an action for paternity or if that was done in the past then a petition for modification of timesharing. Florida recognizes timesharing so one way or another you are going to share the child... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Florida on
Q: MY children and I lived in Florida and the inlaws took them to TN and refused to return. Do I need a FL or Tn lawyer?

Is there any way to get the case brought to Fl? If so how? How do I know what lawyer to get? They are trying to adopt them and I want my babies back home asap!

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 15, 2021

If the children have been out of Florida for less than six months, you would sue in Florida for custody. It is unclear what in-laws took them to Tennessee and are trying to adopt them; the parents of the children's other parent?

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Family Foster children have been with us for a year, now they want to remove them due to my husband's background.

6 nieces and nephews of my husband's were placed with us as family foster due to emergency removal from their home.

We underwent background checks, drug tests and a home study and everything was approved with no issues for a year. We got the phone call that they now want to remove all... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 11, 2021

As much as I feel saddened by your current situation, having worked as a supervising lawyer for Florida Department of Children & Families--longer than I wanted to--I feel compelled to point out that DCF does NOT EVER upset any families in the manner described by you for NO reason. Hire a Family... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How do I file for my daughters dad to sign over his rights.

Hes been absent for 5 years.

He’s been in and out of jail and is currently going to prison for 15 years for drugs. What can I do to get him to sign his rights over. My husband would like to adopt her.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 5, 2021

Your husband would file to adopt and notice would need to be served on the child's biological father.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: what do i need to do so that my husband and I can legally raise my best friends baby while her and the dad are in prison
Rand Scott Lieber
Rand Scott Lieber answered on Mar 4, 2021

Both parents need to sign a temporary guardianship agreement designating you as the guardian for the child. Speak to a local family lawyer who can help you with this legal document.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What is the process when ex wife filed an emergency motion for full custody?
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Feb 28, 2021

You need to file a response to the motion and make sure that the court has your most up-to-date contact information so that you will be noticed if there is a hearing on her motion. Just because she said it in a motion doesn't make it true, but if the court thinks there's an emergency they... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: how do I get free legal aid for divorce and custody?
Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2021

Look for a legal aid office or agency in your local community. You can also check with your local clerk of court for information.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can a 16 year old make a decision on where he wants to live??

We recently took in our nephew and he has been with us for about 3 months now. His grandmother has custody and has given us permission to take him. He would like to make it more permanent but is afraid his grams will reject the idea. What should we do?

Rand Scott Lieber
Rand Scott Lieber answered on Feb 19, 2021

A 16 year old can express a preference but ultimately it is up to the court that granted grandma custody to approve the change. You may have an uphill battle if grandma opposes the change.

1 Answer | Asked in Child Custody for Florida on
Q: Me and my wife were married she got pregnant by another man and his name is on the birth certificate am I the legal fat

Father? I have been raising him and love him! Am I the legal father?

Rand Scott Lieber
Rand Scott Lieber answered on Feb 17, 2021

Yes, you are the legal father with all of the rights and responsibilities.

1 Answer | Asked in Child Custody for Florida on
Q: How do I get court upheld time with my child when I have moved out of state without permission?
Rand Scott Lieber
Rand Scott Lieber answered on Feb 15, 2021

I am assuming that you are asking about Florida law. You do not say whether you moved with the child. If the child and other parent are in Florida then you need to file a Petition for Modification. In that document you can ask for time that works long distance. By the way, as long as you did not... Read more »

2 Answers | Asked in Child Custody for Florida on
Q: Once my son turns 18, can he move wherever he wants even though he has one more year in High School?

Currently living in Florida. My ex-wife has custody of my 17-year-old son. I have him every other weekend and for several weeks in the summer. With his mother’s permission, this summer I am taking him to Washington State to build a house. I will be getting married and moving there. Before he... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Feb 10, 2021

Once your son turns 18 the court can no longer make a custody determination as he is an adult who can choose where to live.

Good luck.

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1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: I told my wife I was going to let DCF know she violated her case plan so she put a injunction as well divorce paper on

Me. I told DCF that wife me and son were at her house. Not allowed. DCF don't believe me and took my visits due to injunction. I have gps location history that will match up with days foster mom brought son to wife. This will prove wife is lieng on injunction for retaliation because DCF... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 2, 2021

Your options "r" to re-write your question so that someone can understand it. Either that, or speak with an attorney.

1 Answer | Asked in Child Custody for Florida on
Q: Mom going to jail the father of the baby is 17 yrs old who gets custody
Rand Scott Lieber
Rand Scott Lieber answered on Feb 1, 2021

The father needs to go to court to establish his paternity rights. Otherwise the mother can designate who will care for the child.

1 Answer | Asked in Child Custody and Criminal Law for Florida on
Q: My friend legally purchased but did not register a gun and it was found by police in the room she and her Bf share.

He is a felon and took the charge because she has a pending DCF case. If she goes back and takes the charge, having no priors, is it possible she would just get probation and not jail time?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 30, 2021

What would the charge be, failure to register a firearm? To my knowledge, Florida doesn't require registration, the boyfriend could be charged with being a felon in possession, but I don't think there is any charge she could "take".

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