Florida Child Custody Questions & Answers

Q: I am unsure about jurisdiction in a child support/custody case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Answered on Feb 9, 2019
Terrence H Thorgaard's answer
As far as custody is concerned, the judge in Minnesota was referring to the Uniform Child Custody and Jurisdiction Act, which is law in both Minnesota and Florida. There is an exception, however, when neither party to the original custody decree is still in the state where the custody decree was entered. Thus, since neither parent still lives in Minnesota, the Florida courts could entertain an action to modify custody.

Q: what do I have to do for a custody battle in another state

1 Answer | Asked in Child Custody for Florida on
Answered on Feb 9, 2019
Terrence H Thorgaard's answer
You should ask your question in Justia › Ask a Lawyer › Texas › Child Custody.

Q: What happens in the case of two parents having a verbal agreement on 50/50 custody rights

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Jan 30, 2019
David Alfred Carroll's answer
Please look at Florida statute chapter 61.13 which outlines the factors and considerations the court will look at the making a determination of the appropriate parenting plan and time-sharing for the parents. A verbal agreement is fine as long as the parties continue to agree. It is better to have a written agreement, and even better to have a fully formed parenting plan and or court order. You may want to speak with an experienced local family law attorney to see what they suggest and help...

Q: I have custody of my kid for 6 years, now her mom wants to take her to SC to visit. What are my rights if she keeps her.

1 Answer | Asked in Child Custody for Florida on
Answered on Jan 30, 2019
David Alfred Carroll's answer
A lot will depend on the actual language of your custody order. I suggest you meet with an experienced local family law attorney to review the order. The attorney can also help you come up with a written agreement between you and the birth mother outlining the details of the visitation. You don't say whether you adopted the child or just have some type of extended relative family custody, guardianship or otherwise. Your strongest position would be if there had been an adoption. Most other forms...

Q: A person has custodial guardianship in the "home state" in Virginia, the non custodial parent lives in Florida.

1 Answer | Asked in Child Custody for Florida on
Answered on Jan 30, 2019
David Alfred Carroll's answer
Unfortunately have not really given enough information. Typically if there is an ongoing case plan, guardianship plan, or other court involvement regarding children, then that court must be involved in any change of custody/guardianship/care. When the child moves across state lines you must also comply with the Uniform Child Custody Jurisdiction Act and have and Interstate Compact completed when child services are involved. You should really speak with an experienced Dependency Lawyer or...

Q: I have 2 daughters.Was unmarried to their father.The girls and I reside in Florida for 7 months.I sent them for a visit

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Jan 30, 2019
David Alfred Carroll's answer
You absolutely should contact an experienced local family law attorney. Preferably an attorney with a good record of fighting custody battles. You have issues of jurisdiction that need to be addressed. Typically living here for seven months would give Florida jurisdiction over the children and the case. However there are many nuances to that which a lawyer with specific facts could help you figure out. It may be that jurisdiction is in the father state, and if so you may end up getting a voyeur...

Q: Is it not a conflict of interest to represent one parent in a dependency case and also represent the grandparent

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Jan 30, 2019
David Alfred Carroll's answer
The grandparents are not a party to the dependency case. The parents, DCFS, Guardian ad litem, and the child are the parties to the case. It is not automatically a conflict of interest for a lawyer to work with the grandparents and the parent. However, if their issues are opposed then it would be a conflict. For example if the grandparents were working with the department to get the mother's parental rights terminated so that the grandparents could adopt, and if the mother was not in agreement...

Q: I plan on moving to Va In March but I have a childsupport order in Florida can I still leave

1 Answer | Asked in Child Custody for Florida on
Answered on Jan 30, 2019
Terrence H Thorgaard's answer
Are you the custodial parent or the person who owes child support? In either case, yes you can leave. But if you have the custody of the child(ren), and the other parent has visitation rights, you may not be able to take the child(ren) with you unless you first get the court's permission.

Q: I haven’t seen my kids in months, mother will not let me see them, we don’t currently have a agreement in place

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Jan 28, 2019
David Alfred Carroll's answer
If you strongly believe your child is in danger, then you may want to reach out to the Florida Department of Children and Families for help. You make a report to the phone number 1-800-96ABUSE. Getting DCF involved can be good or bad and you need to independently waive those options and see what's best for your family.

You should speak with an experienced local family law attorney, one that has dealt with child abuse, and see about enforcement or modification of custody. If you are the...

Q: Do I have to pay for child care on the other parents days?

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Jan 24, 2019
Rand Scott Lieber's answer
Child care expense is a part of the child support calculation. You may or may not "take a hit" but the number will change based on the cost of the child care.

Q: No custody agreement for children because of financial problem needing to move out of county, will i need to go to court

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Jan 17, 2019
Rand Scott Lieber's answer
If you have never been to court before then the mother has 100% timesharing and can move wherever she likes. If there is an existing court order granting father timesharing (visitation) then you need the father's or the court's permission to move more than 50 miles.

Q: How many days do they have to file a seizure of property from the day they took the property in the state of Alabama

1 Answer | Asked in Criminal Law, Employment Law, Child Custody and Child Support for Florida on
Answered on Jan 17, 2019
Terrence H Thorgaard's answer
You might want to rephrase your question so that it can be understood (Who took what kind of property? Did they take it pursuant to a court order or as a secured party? And what do you mean by "file a seizure of property"?) , and ask it in Justia › Ask a Lawyer › Alabama ›, because it appears to relate to the law of that state.

Q: What steps should I take, my wife and I got a divorce and got a court ordered custody for our children. She is holding

1 Answer | Asked in Child Custody for Florida on
Answered on Jan 15, 2019
Rand Scott Lieber's answer
You must return to court and file a Motion for enforcement and/or contempt. Explain to the judge what she is not doing or doing wrong and ask the judge to order her to comply.

Q: Custody of granddaughter was given in Ohio 8 yrs ago. Child has resided in Fl for past 7 yrs. Who has jurisdiction?

1 Answer | Asked in Adoption and Child Custody for Florida on
Answered on Jan 14, 2019
Terrence H Thorgaard's answer
It depends on whether the non-custodial parent is still in Ohio. If so, I believe the Ohio courts still have jurisdiction.

Q: I have emergency custody order from Florida.My ex took the kids to New Mexico.Now he has filed for temp custody.

1 Answer | Asked in Child Custody for Florida on
Answered on Jan 10, 2019
Terrence H Thorgaard's answer
You need to ask your question in Justia › Ask a Lawyer › New Mexico › Child Custody.

Q: If I turn 18 but have not graduated from HS. Can I choose what parent I live with?

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Answered on Jan 4, 2019
Terrence H Thorgaard's answer
I don't think the divorce papers mean anything; you are considered an adult when you turn 18, and can live with whomever will have you.

Q: Can my ex witch recently moved out of state, just come down and get our son and take him out of state for Christmas.

1 Answer | Asked in Child Custody for Florida on
Answered on Dec 19, 2018
Terrence H Thorgaard's answer
Yes, if the current order allows him to have the child, he can continue to do so until you ask the court to change things.

Q: Is my daughter's father allowed to make changes to her extra-curricular activities after years of not being involved?

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Dec 15, 2018
Terrence H Thorgaard's answer
It appears from you question that he already has the right to visitation on certain weekends. If this is so, he will not have to take you to court; he can control her activities during the time he exercises visitation.

Q: My daughter is wanting to give me custody of her 3 yr old son. How do i get this done?

1 Answer | Asked in Child Custody for Florida on
Answered on Dec 10, 2018
Rand Scott Lieber's answer
You need to see a lawyer in your area that handles family law and or adoptions.

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