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Florida Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Florida on
Q: What is my next step if I was granted a relocation case for my child and 9 years later decide to move back.

Are both parents still obligated to follow the time sharing order even though this is based upon the parent and child living in another state?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 14, 2020

Typically, if you are returning to where the other parent resides, the other parent is likely to agree with the relocation. Otherwise, you are supposed to follow the relocation laws of your state to obtain permission to move. If the relocation happens by agreement, you and the other parent can... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: Is there any penalty for leaving 14 year old home alone with 4 children(7&under) every weekend for hours (12 hours)

I’m afraid for the safety of all children in the home while parents are away every weekend and coming home drunk. One of the children being looked after is handicapped. On occasion they can leave all of them home alone without adult supervision for up to 12 hours.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 12, 2020

Report this behavior to Child Protective Services at the Department of Children & Family Services in Tallahassee. Google it.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My father has temporary guardianship of my son. Can I pick him up and spend time with him and bring him back afterwards?

The temporary guardianship by extended family members has been filed in court but we still haven't been to court yet to finalize anything. DCF closed my case after I filed the temporary guardianship form.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 6, 2020

Probably, if it's all right with your father (the guardian and grandfather of your son) and there is no court order in place.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Establish paternity for child support father not on birth certificate does he have any rights of the child
Rand Scott Lieber
Rand Scott Lieber answered on Sep 21, 2020

If you were never married, the mother has full timesharing (custody) rights to the child until the father goes to court on a paternity action. An administrative order that determined paternity and established child support does not automatically address timesharing (custody). The father's name... Read more »

1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Florida on
Q: Hello, I’m currently dealing with a child support case for my 2 children. The non custodial parent is “self employed”

and I have proof that he makes more than what he is telling such as photos with large amounts of money and messages of him admitting he has more also I feel that visitation should be revoke bc of the welfare of my boys I have multiple threat messages and him neglecting them in messages what should... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

You need to file something with the court asking for what you want. If you want to increase child support or reduce timesharing then it is a modification. If you want to enforce something then it is a motion for enforcement.

1 Answer | Asked in Family Law, Divorce and Child Custody for Florida on
Q: Please explain Standing Family Law PRETRIAL STATEMENT 15.2... It contradicts itself..

It says:

"Exhibits should not be filed with the court, however, must be delivered to the opposing party at the time of delivery of the Pretrial Statement."

But you're supposed to attach to the Pretrial Statement:

4. "Copies of all photographs, exhibits... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

Yes, you are right: the standing order seems to contradict itself. I think what it means is that you don't attach THE ORIGINALS, but you should attach copies (to the one you file, as well as to the copy of the pretrial statement you give to the other party).

Written...
Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Do I need to use witnesses at my divorce hearing because the opposing party is using witnesses?

Standing Family Law

16. DISCOVERY

... If one Party requests the deposition of a witness listed in the Pretrial Statement and the other party does not cooperate in scheduling the same, the Court shall consider any sanctions, including excluding the witness. ...

Does that mean... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

No, that's not what it means. A deposition is the taking of testimony of a potential witness OUT OF COURT. If they were to want to do that, the quoted language means that you should cooperate. In your case, apparently the other party intends to call witness to the IN COURT hearing. If your... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Wife flew to see her mom with kids. She said she has tickets to come back monday. Now she isnt. Is that false pretense?

My wife's little sister came to see us. After staying a little over a week, my wife flew out Saturday to take her back. This time she took our kids too so that they can see their grandma. She said they have tickets to come back Monday so my daughter only misses one day of school and rhwy can... Read more »

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

The courts here in Florida have exclusive jurisdiction over the children's' custody for the next six months. So if you wife were to sue for divorce including custody she couldn't sue in whichever state she took the kids to.

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have has custody of my goddaughter for 8 years now. In 8 months she will be 18. Help me protect her.

Mom is threating her from prison I have temp custody and have had her 8 years. She wants to move her and she dosent want to leave. How do I protect her?

Destardes Moore
Destardes Moore answered on Sep 12, 2020

If your Temporary Custody Order states that it is in effect until further Order of the Court than the Mother cannot take the child without violating the Order. If she does take her then you can file an Emergency Motion with the Court requesting that she return the child to you. Depending on the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: if custodial parent leaves the country for 2 years Leaves my son with his parents

per his passport, he is self employed, teaching English to Thai online, with his LLC and moved out of country from 11/2017-06/2020. He has been back and forth maybe 4 times, for a short visit.( I am filing for modification of custody), but he also collects SSDI for my son, who is DS and I pay child... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 4, 2020

What do you believe he did to defraud Social Security and the State of Florida? A custodial parent can hire someone to look after the child; so he could in theory also leave your son with his parents, although the court may well hold it against him in deciding your motion to modify custody.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Florida on
Q: What's the difference between a lock out and a runaway?

My son is 16 years old and lived with me for 4 years before moving back to his mother's in June 2019. His mother cut communication off between us in April.He was arrested in August and is due to be released from JDC next week. He has stated that he was homeless for two months after leaving his... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 4, 2020

Your son is a juvenile and cannot be allowed to roam the streets of Florida alone. If neither parent will step up and take full responsibility for your son, then he becomes what they call "a lockout." Once that happens the State of Florida, Department of Children & Families will take... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: We've complied with court requests and CPS requirements and passed but still do not have grandchildren; what can we do?

CPS skipped over family and placed toddlers in foster care. Even though they knew there were willing and able family members; especially the grandparents who have a very close relationship with the children. The aunt does not; she barely knows them. However, on June 8, 2020 when the Judge... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 28, 2020

1. These unfortunate intra-family squabbles may never cease because of the feisty angry nature of most non-parents.

4. Using all the buzz words like "in the children's best interests" and "the aunt is money-motivated" and "there is no relationship between...
Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: If I'm married & separated and we have no court-ordered parenting plan, can my wife take and hold our child at her whim?

While we have no court-ordered parenting plan, we've been operating on agreements for the rotation of our child. Our latest agreement, in writing, was a 2-week rotation. She suggested a 2-month rotation, which I rejected in writing.



In keeping with the 2-week rotation, I've... Read more »

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

No, I doubt a sheriff or other law enforcement officer will assist you without a court order.

1 Answer | Asked in Child Custody for Florida on
Q: my ex secretly filed & had a custody hearing on Feb 20, 20, he was awarded sole custody, i was granted a retrial

I was not informed of the proceedings in February, he was awarded sole custody by a majistrate, last week i was granted a retrial, does he maintain sole custody now or does it defer to the agreement signed by a judge on 8/20?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Aug 25, 2020

This depends on what the order for the retrial state. If the order was set aside, then the prior court order applies. If the retrial order did not set aside the last custody order, then you are still under that order.

You really need to have an attorney assist you in evaluating all of your...
Read more »

1 Answer | Asked in Child Custody for Florida on
Q: I have had a verbal agreement with the mother of my kids since 2009. can i pursue joint custody?

i have notarized letters stating that i'm paying voluntary child support. what options do i have as far as seeking joint custody. are there any florida statues that i can look into to inform myself about my legal rights. do i have any legal rights at this time?

B. Elaine Jones
B. Elaine Jones answered on Aug 20, 2020

You should definitely consult with and retain a family law attorney. Most JUSTIA attorneys offer a free initial consultation. Contact one of us and let us know that you found us on JUSTIA. Good luck.

Sincerely,

B. Elaine Jones, Esq.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My exhusband is trying to send my kids to live with his mom in a different state for the school year. Can he do this?

He lives in Colorado, I live in Florida, our case jurisdiction falls in Colorado. He has decision making. But he wouldn’t be going with the kids. Him and his fiancé were kicked out so they sent our 2 kids and their 1 child to live with his parents in Kansas for the school year.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Aug 19, 2020

I'm pretty sure the courts in Colorado would not be ok with him sending the children to live with third parties over a parent. Unfortunately, you will have to get an attorney in COlorado to assist you since I'm assuming that is the home state of the children for the last six months.

Good luck!

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: been dealing with support case for 13 yrs with my child’s mom. She has family that works in the system manipulated

Child lives with neither parent yet she seeks child support. Lost my job and I’m a injured vet whom served 7+yrs. original case from Illinois. Mother moved child from Chicago to Arizona without fathers (me) consent or knowledge

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Aug 17, 2020

Your question is unclear. If you need someone to review the order of child support or modify it, since you lost your job, you will need to have someone where the order was initially entered, which from your question was not in Florida. You may want to repost your question in the Illinois section of... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex is threatening to get my daughter taken from me because I allowed him to see her after courts said not to.

In 2012 my daughter was taken into foster care because my ex was abusive to me. They said if I can't protect myself I can't protect her. I was eventually reunified after doing victim's classes, parenting classes ect. He did nothing, so was never reunified. He went to prison shortly... Read more »

B. Elaine Jones
B. Elaine Jones answered on Aug 10, 2020

Your ex is most likely taking you to court in the family law division. The Court that entered the Order reuniting you and your daughter and denying your ex contact with you daughter was the dependency court. That case is most likely closed at this point. While it was not a good idea for you to... Read more »

2 Answers | Asked in Immigration Law and Child Custody for Florida on
Q: Minor is U.S citizen parents moved to Mexico with minor at age 1.Now minor would like to come back to U.S. what isneed?

Does minor need a guardian or power of attorney? From Mexico or US ? What is the process ?

Linda Liang
Linda Liang answered on Aug 10, 2020

It sounds like minor can claim US Citizenship. You may retain an attorney to prepare the right documents to prove your eligibility.

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