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Florida Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Florida on
Q: My ex-girlfriend is attempting to get her Probation moved out of state while she is pregnant with my child.What can I do

She has refused a paternity test while Pregnant. I attempted to talk to the probation officer. He didn't really tell me anything besides he can't confirm or deny what she is trying to do. She has blocked my number and blocked me on all social media outlets. I found this out through her friends. She... Read more »

Jean Richardson
Jean Richardson answered on Feb 13, 2020

Your question leads to more questions. How far along is she? First, if she wants to move her probation to another state, the judge on her case must approve the move. If the judge is OK with it, there's nothing you can do to stop her from moving. 2nd, if she is still in the early terms of pregnancy,... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Should I be taking funds from our joint account?

I have been separated 2 years now from my husband and within the last 6 months have obtained a job after not working since we were married. My question is prior to obtaining my job my ex was allowing me to withdraw funds from our joint account to take care of myself and our son. Now that I have a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2020

It probably doesn't matter either way, but be sure to keep complete financial records.

If your son has been in Florida for at least six months, the Florida courts would have jurisdiction to decide custody; otherwise a divorce (including custody) would have to be brought in North Carolina...
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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Should I be taking funds from our joint account?

I have been separated 2 years now from my husband and within the last 6 months have obtained a job after not working since we were married. My question is prior to obtaining my job my ex was allowing me to withdraw funds from our joint account to take care of myself and our son. Now that I have a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 13, 2020

Your amicable relationship with your husband sounds like it is worth whatever it takes to keep it moving along well; that means you should not keep taking the same amount of money that you were taking before you found the job. I also suggest that you raise these issues with your husband--because he... Read more »

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1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: Can someone who violated an injunction twice get it modified if the other party doesn’t want it to be?

I have a permanent injunction against my ex boyfriend. It went into effect in August of 2018. Since then he has violated it twice, and was convicted both times. The first violation was in September of 2018. The second violation was in May of 2019. From May 2019-December 2019 he was incarcerated for... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 13, 2020

A person can always seek a modification. It is up to you to present your case and convince the judge that your position is the correct one.

2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Florida on
Q: Is grabbing a child by the arms squeezing, shaking them and threatening them considered corporal punishment?

In Sept 2019 I had to file injunctions against my ex husband and his fiance and contact CPS regarding Physical Child abuse. The father admitted of having knowledge and the fiance admitted to the abuse. The injunction agreement is good till April 2020. The terms agreed on were; no corporal... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2020

Yes, I suspect that the judge would find that the conduct constitutes violation of the injunction. It may also be a crime (threatening to cut the fingers off particularly).

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How to find out if my child's mother has had her rights terminated to my child's half sibling?

DP case opened in 2016 when my childs half sibling was 3 months old. He has been in foster care, he is now about to be 4. The TPR adjudicary hearing was Sept 2019 and final hearing was Nov 2019 but DCF and Kidscentral won't give me info as to the outcome which relates to my child.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 11, 2020

Have you been adjudicated to be your child's father? In any event, you probably need to consult with an attorney.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: The children were taken from the mom in Hillsboro co they live with us in Broward where woukd mom file to get them back

I have permanent custody now where does she file for her custody back

Karen Rodriguez Ibarrondo
Karen Rodriguez Ibarrondo answered on Feb 10, 2020

If the children were sheltered from the Mother in a dependency (DCF ) case and the case was closed permanent guardianship with you having custody, the Mother would have to seek to reopen the dependency case and ask for reunification. the Family Court will not be able to give custody to the Mother... Read more »

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1 Answer | Asked in Child Custody for Florida on
Q: I was given custody of my grandchildren here in Broward County Florida They were taken into DCF custody in Hillsboro Co

Where does the mother file for her rights back ?Originally they resided in Hillsboro

Karen Rodriguez Ibarrondo
Karen Rodriguez Ibarrondo answered on Feb 10, 2020

The Mother would have to make herself available in the dependency case in order to ensure her rights are not terminated and to litigate that case. If you were given custody of the children at some point, you should contact the Department to see if they would consider you as a placement for the... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I deny a referral to a magistrate?

I've been assigned to a magistrate but I want my case to be heard by the judge and reason being Im waiting for my tax return at the end of the month to get a attorney.

Rand Scott Lieber
Rand Scott Lieber answered on Feb 9, 2020

You can file a written objection within ten days of the referral.

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1 Answer | Asked in Child Custody and Child Support for Florida on
Q: My ex wants to go back and ask for child support

in our divorce herring we agreed to deviate from child support and the judge made her sign a special document as well. im not sure of the form but we agreed no child support. she is now living back with her mother and the child is shared 50/50 but I usually have him 4 days a week( not sure how to... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

Child support can always be modified if there has been a substantial change in financial circumstances. There really isn't much you can do, other than document when you have the child in a journal in order to use that as evidence if you should ever have to go back to court.

Good luck,...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Mom hasnt let me see one of my daughters, who is 4 months old, since birth. Will that look bad to a judge

Child support is pending, DOR already send me papers establishing paternity, don't know if i would file for visitation, but went to court office and they said i don't have a case number?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

Department of Revenue (DOR) child support cases are different from parenting plan cases. In order to establish timesharing with your child, you must file a Petition for Determination of Paternity. This allows you to establish parental responsibility (ability to make decisions for your child, along... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: I have physical custody of my son and dads mother had me give her custody of my son at 3 months old. The court order

Was till I got on my feet and was able to provide for my son. I am already getting child support granted by the same judge. So how long does his mother have to respond to the summons?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

The facts here are difficult to sort out, but all summons in the family court allow for 20 days to file an answer.

Good luck,

Vanessa Vasquez de Lara, Esq.

1 Answer | Asked in Child Custody for Florida on
Q: Can mom come & remove our daughter from my home since I have filed for legal custody and court mediation is in 14 days?

I have one yr old, (mom/I never married) & she has lived in my home since she was born, mom left in Sept 2019 & she left our daughter with me. Three Face-to-face visits happened once a month as when mom requested them through another party from Late Oct-Dec, with only other contact by mail in that... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

As the unwed mother of the child, she is the only person legally entitled to the child. The police will usually not do change in custody but you never know. Therefore, until you go to court to be declared her "legal" father and not just the biological father, I would try to get along. It might be a... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Child support ends on my sons 18th BDay. He is still in High School, can I kick him out? doesn't obey house rules.

I have custody of the children.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 6, 2020

At the risk of offending you, I must say that your apparent desire to "kick him out" as soon as the child support ends (when he turns 18) does not paint a pretty picture of you being a loving and caring mother. FYI: Your situation is not unique; in fact most if not all 17 year old children do not... Read more »

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1 Answer | Asked in Adoption, Child Custody and Child Support for Florida on
Q: Is there any legal document I can provide to my girlfriend that gives her full authority over our child?

Me and my girlfriend live in Florida. She is divorced but kept her ex husband's last name. We are expecting and she wants the child to have her last name. I understand her concern, we have seen other mothers struggle to give their child a better life because the dad wouldn't consent (even with... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 3, 2020

If the two of you are not married, unless you file a paternity action she has 100% rights to the child. Putting your name on the birth certificate will not change that.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I live in Florida and I have a visitation issue with my son who lives in Tennessee. What is a Notice of Hearing

I cannot afford an attorney so I have been working on a motion for visitation. I was told to put the notice of hearing on my motion along with a certificate of service. I'm not sure about this since I live out of state. I have the money orders for the motion included with my paperwork. I am... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 31, 2020

You should ask a question, and you should ask it in Justia > Ask a Lawyer> Tennessee.

But you should probably call the clerk of court and ask what you need to do to ensure that a hearing is scheduled and that you need to do to know when a hearing will happen.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Daughters 18 and 19 can they move from PR to US to live with dad instead of mom?

Daughters are 18 and 19 they live in PR and want to come live with dad in the US. Divorce stated mother has full Custody and mother gets support since they were 8, and 9. Would they be able to move without legal issues?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 28, 2020

Probably not. Apparently 21 is the age of majority in Puerto Rico. Assuming the divorce was in Puerto Rico, the mother would probably have to apply to the Puerto Rican court to modify custody.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: I live in Florida & my child and his father live in Philadelphia how to i put myself on child support and get visitation

When i was 17 custody was given to him on the basis that i said i was going to kill myself and the child at the time which was untrue i moved to Florida and didnt have any contact with for years recently got in contact and hes constantly bothering me for money for himself which i send but since... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 27, 2020

You need to obtain the services of a Philadelphia lawyer. Actually, any attorney licensed to practice in Pennsylvania will do, but you probably should get one who practices family law.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Am I able to receive a lawyer (pro bono) for child custody rights

The father of my 7 year old daughter is attempting to take full custody rights away from me. I’m willing to settle for shared custody or at least visitations. I’m not able to afford a lawyer at the moment and I cannot lose my daughter.

Rand Scott Lieber
Rand Scott Lieber answered on Jan 25, 2020

Contact your local legal aid office to see if you qualify for their assistance. If they cannot help you they will point you in the right direction.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: How do I prepare and present evidence at my hearing pro se including videos, photographs and text messages?
Mr Eric Klein
Mr Eric Klein answered on Jan 18, 2020

The rules of evidence are very complex. Lawyers spend three to four years in law school and countless years of practice learning how to prepare and present evidence. For example there are 23 exceptions to the hearsay rule and you have to have them memorized as you are putting on your case before a... Read more »

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