Florida Child Custody Questions & Answers

Q: I want to legal custody of my grandson and my daughters unborn child she currently lives with me but always leaves her

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Answered on Apr 14, 2019
Bruce Alexander Minnick's answer
This can be done--but not here online. Contact a family lawyer in your area.

Q: Is custody or guardianship the right choice to pursue so our granddaughter can stay with us until graduation.

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
The child's preferences do not matter. Unless you are the child's legal guardian there is little you could do if her mom decides to come get her. On the other hand, given the history of CPS involvement, you might be able to convince the state to help you gain legal control over your granddaughter. This will require some official legal action based upon some current compelling reason for the state to intervene. Custody decisions are under the control of a state court judge upon properly filing...

Q: What rights may i have being a legal guardian to a minor over a blood relative that is unfit to care for her? Can i adop

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Answered on Apr 4, 2019
Bruce Alexander Minnick's answer
The issue of the grandmother's fitness to care for her grandchild is not yours to decide. Under normal circumstances any blood relative has some level of priority over any and all non-related guardians. The status of your guardianship can be determined by knowing the kind of guardianship it is and knowing under what authority it was granted.

Q: My kids father requested a hearing to lower the suggested child support amount and I’m wondering if I need a lawyer

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Apr 4, 2019
Rand Scott Lieber's answer
It is always better to have the advice of a lawyer. Child support is based on the parent's net incomes so you will both be required to complete an up to date financial affidavit. Those numbers will then be used to calculate child support, which is a statutory formula.

Regarding relocation, the father can move wherever he wants but he cannot relocate the children more than 50 miles without yours or the court's permission.

Q: I live in Florida I brought a child from Missouri with temporary custody what's my rights to be able to keep her

1 Answer | Asked in Child Custody for Florida on
Answered on Apr 4, 2019
Terrence H Thorgaard's answer
If you had "temporary custody", I assume that there was a temporary custody order from a court in Missouri. What did that order say regarding the circumstances under which it would continue or be terminated? If it has terminated without an answer to this question, you would have to return the child to whomever had custody before the order was entered.

Q: Want my daughter back, my father has sole custody. Hearing was done in Ala, while I was in hospital.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Answered on Apr 3, 2019
Denise Martinez-Scanziani's answer
You've posted this question for a Florida lawyer, but it seems that you should ask a lawyer licensed to practice in AL. If that is where the child is, that is the state who will have jurisdiction over your daughter.

Q: I want to gain full custody of my son, we have split custody right now. I am worried that his father is using drugs.

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Apr 3, 2019
Denise Martinez-Scanziani's answer
If you already have a time-sharing schedule by court order, then you will need to petition the court for a modification and show that there has been a substantial change in circumstances since entry of the last order. For those who cannot afford a lawyer, a good option may be your local Legal Aid.

Q: Can child custody be changed if it’s been the same for a few years and isn’t on paper yet, just verbal?

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Answered on Apr 3, 2019
Denise Martinez-Scanziani's answer
One of the factors the court must consider to determine the "best interest" of the child under section 61.13, Florida Statutes is the length of time the child has been in a stable environment and desire of maintaining continuity. The longer this schedule is in place and the child is doing well, the stronger the argument is that this schedule is likely in child's best interest.

Q: Can you have your childs other parent take a drug test to prove he/she is not on drugs? For sole parental responsibility

1 Answer | Asked in Civil Litigation, Libel & Slander, Family Law and Child Custody for Florida on
Answered on Apr 3, 2019
Denise Martinez-Scanziani's answer
You have to make this request in writing to the judge. Depending on the basis for your request, the court may order a drug test which can be done by either a urine sample or a hair follicle drug test. the hair follicle drug test will detect drug use for a much longer period of time than the urine test.

Q: How often is child support ordered for equal time sharing parents

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Apr 1, 2019
Rand Scott Lieber's answer
Child support must always be calculated. In addition to equal timesharing the formula uses each parent's net income. Unless both parents earn the exact same income and have the exact same deductions with 50/50 there will always be a child support number.

Q: And a state of Mississippi the grandparents hard lawyer that it was the youth court judge is that legal

1 Answer | Asked in Child Custody for Florida on
Answered on Mar 20, 2019
Terrence H Thorgaard's answer
So why are you asking this in Justia › Ask a Lawyer › Florida › Child Custody ›, instead of in Justia › Ask a Lawyer › Mississippi › Child Custody › ?

Q: I have a court order in Florida & now stay in TX. My kids stay with me now, do I still have to pay child support?

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Mar 7, 2019
Rand Scott Lieber's answer
The Florida court order remains in effect until you go to court in Florida to modify or terminate the order.

Q: Can the courts force a parent and child to move closer to the other parent. Never married and currently no custody plan.

1 Answer | Asked in Child Custody for Florida on
Answered on Mar 6, 2019
Terrence H Thorgaard's answer
No, it would be very unlikely, and probably not permitted by the law in any event.

Q: I'm an international student, with a daughter! which are my father rights and how I could apply them in Florida?

1 Answer | Asked in Child Custody for Florida on
Answered on Mar 4, 2019
Rand Scott Lieber's answer
If you have been living continuously in Florida for the past six months and the child is here then you can immediately file for paternity where you live. You should find a local family lawyer to help you.

Q: undocumented immigrant needing physiological evaluation face deportation?

1 Answer | Asked in Immigration Law, Divorce, Family Law and Child Custody for Florida on
Answered on Feb 28, 2019
Kelli Y Allen's answer
If you come to the attention of ICE they will re-execute the order of removal.

Q: Me and my child’s father are unmarried with no court orders. Can I move out of state with my child?

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Feb 24, 2019
Veronica LaVerne Robinson's answer
Yes, an unmarried biological mother has all the rights to a child born out of wedlock. However, the father may petition the court to prevent the relocation by filing a paternity/timesharing case.

Q: If my baby mom is in a abuse relationship can I get custody of my kids she always threatening to put me on child support

1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Florida on
Answered on Feb 24, 2019
Veronica LaVerne Robinson's answer
You could file a Petition to Establish Paternity, Timesharing, and Child Support in family court so that you can obtain time and rights to your child if there is no legal DCF case. If there is a legal DCF case, then you can ask for custody in the DCF court.

Q: How does an underage mother go about getting full custody of her child?

1 Answer | Asked in Child Custody for Florida on
Answered on Feb 24, 2019
Veronica LaVerne Robinson's answer
The mother of the child, no matter the mother's age, is automatically deemed as the legal guardian of the child unless there is a dependency case filed by the Department of Children and Families.

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