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Florida Child Custody Questions & Answers

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: When my daughter was born her mother took her to another state had her and had another man sign her birth certificate

How do I go about getting a free dna/paternity test to get rights

Rand Scott Lieber answered on Jul 16, 2019

You need to file a Petition for Paternity where the mother and child live.

1 Answer | Asked in Child Custody and Family Law for Florida on

Q: We want to revoke guardianship of a foster child. DCF will not help. What next?

The child is soon to be 16 years old and doesn’t want to be with us. DCF and Children’s Network will not help.

Bruce Alexander Minnick answered on Jul 15, 2019

The reason why DCF and the Children's Network "will not help" is because the guardianship is under the complete control of the court that approved it. Hire a guardianship lawyer to help you.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on

Q: Can my daughter's mother choose who can and can't be around our daughter? Shared custody in Florida.

I do not approve of my daughter having a relationship with these two individuals but my daughter's mother disagrees and allows them to see her behind my back. Can she do that legally. We have shared custody and there's nothing in the paperwork about this. I have proof that they are not good for my... Read more »

Rand Scott Lieber answered on Jul 14, 2019

Unless you can prove some sort of actual or imminent danger to your daughter from these people there is not much that you can do. The law presumes that each parent will do what is in the best interest of their child when they are with them.

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1 Answer | Asked in Family Law and Child Custody for Florida on

Q: How soon do I have to notify my ex that we moved? We are moving down the street.

We are moving half a mile down the street from our current home. Do I have to legally file this with the court or just notify him? How long do I have to notify him?

Henry George Ferro answered on Jul 12, 2019

You don't outline any reasons why you would need to notify your ex about your address...if you have minor children with the ex, it would be another matter...If you are required to notify him of an address change, I would suggest that you file a change of address with the Court and send him a copy...

1 Answer | Asked in Child Custody and Child Support for Florida on

Q: My daughter is choosing to move in with non custodual parent, does he have to continue to pay his child support?

Recently we had a dcf action plan and my child went with another family member until the case was closed. She was able to come back in my home. However she decided to move in with her father back in MD. I am custodual parent and he pays court ordered child support and we have court ordered... Read more »

Rand Scott Lieber answered on Jul 8, 2019

First, he will still owe any arrearage that has accumulated.

Second, he needs to modify the current court order to change the child support obligation. Once he does that he may not owe any new support going forward.

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: Am i able to/ how do i file a contempt of court order.

1. there is a parenting plan already establish in the courts as the father moved out of state

2. due to a hostile living environment- i allowed them to live with their father until i got situated again

3. his wife blocked me after asking for a face time chat with my children... Read more »

Bruce Alexander Minnick answered on Jul 5, 2019

Unless you find some way to afford "legal aid" you may not be able to get your children back. The law is clear: Unless the court changes the visitation order it must stay as it is. Hire a family lawyer and enforce the order. Today.

1 Answer | Asked in Child Custody and Immigration Law for Florida on

Q: what happens to US citizen children if both parents (legally on non-imigrant visa) die, no other family in US?

I am a foreign citizen previously on J-1 now on O-1 visa. I had children while on J-1 which are US citizens. My wife is also foreign born (J-2, now O-3). I would like to know what would happen to our children, for some reason, we both were to die. Who would retain custody (no family members in US,... Read more »

Hector E. Quiroga answered on Jul 3, 2019

Most of your question is family law based, but as the question about US citizenship: because they were born in the US, they are US citizens.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on

Q: Can my ex file for child support again after a current child support order is in place?

My ex and i separated in 2011, she filed and was granted child support that year. We got back together in 2014 , i continued to pay child (even though we lived together) we separated AGAIN 02/2019. I was now served with Petition for determination of paternity seeking Sole parental responsibility,... Read more »

Henry George Ferro answered on Jul 1, 2019

The simple answer is yes: child support is reviewable by the court upon a change of circumstances. Regarding the affidavit, you will have an opportunity to cross examine her...

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on

Q: FLORIDA: Does a Contempt of Court have to be filed for each similar incident after initial is filed?

Motions have been filed for four different things and non-custodial has now done two of them again. Just filed earlier in June, so no communication from court yet. (E.g. leaving the state without proper notice or not even saying that they were out of state a couple days). Thank you.

Rand Scott Lieber answered on Jun 24, 2019

Depending on how different the issues are you can file a supplement to your motion adding the additional incidents. It is not required.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Civil Litigation and Family Law for Florida on

Q: What can be done if a parent fails to notify family court in his initial petition about prior dependency court case?

Bruce Alexander Minnick answered on Jun 21, 2019

It appears you have asked this same question before, with some added facts. Therefore I will refer you to my previous response I just posted.

1 Answer | Asked in Child Custody for Florida on

Q: Can unmarried father take child out of state without mothers permission or court order?

I have good reason to believe my daughters father (she is 3, we were never married) has taken her out of state (FL to SC). I did not consent to this and was not informed of this. He is refusing to tell me his location or any other information surrounding the health and safety of my daughter, and... Read more »

Rand Scott Lieber answered on Jun 19, 2019

The first question that the court will ask is how did he get your daughter to begin with. Did you let him take her voluntarily? Was there a specific day that he was to return her? Did you write anything down? If he has really taken her and cut off all communication then you can report it to the... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: As a custodial parent, how do I file for relocation of a child?

06/11 I notified my ex- husband I had to go back to SC at the end of the month via text msg since my mother was not allowed to return back to my apartment by her PCP. My mom was helping with me rent. Now she isn't with me, I cannot afford the apartment here. I have no where else to go by back... Read more »

Bruce Alexander Minnick answered on Jun 18, 2019

The court that adjudicated your divorce has jurisdiction over the minor child. You will have to petition the court and ask for a change in the child custody agreement to allow you to do what you need to do.

3 Answers | Asked in Family Law and Child Custody for Florida on

Q: I wasn't married to my ex when she up an left one day when i was at work that wasin October 2018

She has not allowed me to see my daughter since October iv tried texting her fb messages she has blocked i haven't seen my daughter since then what do i have to do so i can see her she just turned 2 i just want to be able to see my daughter please could you help answer or guied me to what i haveto... Read more »

Rand Scott Lieber answered on Jun 18, 2019

You need to file a paternity case in the court where mother and child live.

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1 Answer | Asked in Child Custody for Florida on

Q: If the visitation is only granted for 1 day a week, can the other parent legally let you see the child more?

Rand Scott Lieber answered on Jun 18, 2019

Unless there are restrictions in place through the court the other parent can let you see the child as much as you like. The timesharing schedule gives the person who has a specific day priority but does not prohibit contact with the other parent.

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: What do i have to do to get to see my daughter my ex is keeping her from seeing me

Bruce Alexander Minnick answered on Jun 18, 2019

You will have to file a motion in the original divorce case, asking the court to modify your custody rights.

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: How would I go about trying to get my 16 yr. Old daughter. Her dad's mom got custody of her years ago.

Her GMA who has custody is in a nursing home and my daughter is left alone in an apartment without any adult care or supervision.

Bruce Alexander Minnick answered on Jun 17, 2019

You will have to go back to court.

1 Answer | Asked in Child Custody, Family Law and Criminal Law for Florida on

Q: Can I move my 16yr. Daughter in with me since her grandmother with custody kicked her out. I have unlimited visitation.

My 16yr. Old daughter has been kicked out by her grandma who has custody. Her grandma hasn't even been in the home with my daughter she is in a nursing home and my daughter has been left to fend for herself and now she has kicked her out. I live in another state can I move my daughter In with me... Read more »

Bruce Alexander Minnick answered on Jun 14, 2019

Wow. There is way too much at stake here for you to be searching for legal answers to explosive questions posted on Justia. I will say that if your daughter's grandma has been given legal custody of you daughter by a Florida court of law you must start by seeking to change that court order before... Read more »

1 Answer | Asked in Child Custody for Florida on

Q: Hi thank you kindly for helping me. I live in Florida I currently have 50-50 custody. I need sole custody ASAP. How?

My sons mother is an alcoholic living with me while I still pay child support. She is never around and putting my sons life in Jeopardy mentally.

Rand Scott Lieber answered on Jun 10, 2019

You need to file a Supplemental Petition for Modification and explain to the court why you want the change.

1 Answer | Asked in Child Custody for Florida on

Q: My ex wife has sole parental custody of my 16 year old son but he has lived with me last 2 years can she take him away

She lives in different state

Rand Scott Lieber answered on Jun 3, 2019

You must apply to the court that issued the original order for a modification in order to protect your rights.

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