Lawyers, Answer Questions  & Get Points Log In
Florida Child Custody Questions & Answers
2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: I filed a supplemental petition for modification and my ex has not responded in the allotted time. What do I do next?

I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

Contact the judge's assistant and ask if you need to schedule a hearing or, alternatively, if the judge will rule on your supplemental petition without a hearing.

View More Answers

2 Answers | Asked in Immigration Law and Child Custody for Florida on
Q: Are there any other documentation I can present to prove my case in acquiring a US Passport?

My father filed a petition for me under the CCA Section 320 and I immigrated to the US 19 days before my 18th birthday. I have since applied for a US Passport and the office is requesting the following:

Evidence that shows I was in the sole or joint legal and physical custody of my US... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Sep 10, 2021

You state that they shared custody. Actual physical evidence of this shared custody. Evidence that may meet the requirement is based on personal circumstances. The request provides you with examples of documentation for meeting this requirement. You may want to work with an experienced immigration... Read more »

View More Answers

1 Answer | Asked in Child Custody for Florida on
Q: What steps need to be taken for my husband to have legal visitations with his kids. They live in different states.

It's three minor children, three mothers. Two live in SC and one lives in TX. He wants to get joint custody so that he will be able to see and care for them with no problems.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 5, 2021

He's probably going to have to file three suits for visitation, each suit where each child lives.

1 Answer | Asked in Contracts and Child Custody for Florida on
Q: How does the guardian contest the signature ?

If the ward signed a document that was not in the best interests of the ward or the wards dependents after. designating the guardian and the Guardianship has been exercised.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

If the guardian was appointed by a Florida court the guardian needs to ask this question to the judge.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: I understand the parenting plan covers until child is 18. How long in advance (1yr,6mo?)are highly structured plans done

I get the plan covers until the children are 18. We have equal custody and do week to week. We alternate holidays and have a separate summer schedule. We use this schedule to plan our future trips. My ex only wants to establish this schedule 2-3 months in advance, however I would like a longer term... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

In a Divorce process, when a parenting plan is established, it is typically done for the duration of the child's minority and it is a plan that can be used from year to year. The Court will not keep a case open so you and the other parent can be changing the plan every few months. A parenting... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If I had a baby not being married, the father is not on birth certificate, do I have to let him see baby?

The father has not helped financially at all, he’s even questioned DNA, he has two other children from previous relationship and has nothing to do with them. I recently found out he now has another woman pregnant and also he’s on drugs and have proof.

Camila Martin
Camila Martin answered on Aug 27, 2021

If he has not been adjudicated the Father by a Court, he has no legal right to have timesharing with the child. He will have to file a Petition for Paternity in Court to be adjudicated the Father and request timesharing. At that point, you could present your evidence and witnesses regarding his... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Q: Wife walked out on me and daughters

We - myself, my wife of 22 years, eldest daughter 21 and twin girls 16 - immigrated to St Augustine FL from South Africa in March 2020 via sponsorship by my brother. We all have permanent residence green card. A couple of months ago my wife got a new job and on the day the twins came home from... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

You should file a Petition for Dissolution of Marriage and request that the Court sets a timesharing with your daughters and their mother and establishes child support.

DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts...
Read more »

2 Answers | Asked in Child Custody and Divorce for Florida on
Q: Good Morning, Looking for advice on divorce that includes spousal abandonment. What rights do I have?

Spouse abandoned the home in November 2020 and hasn't helped financially.

Nicole Vette
Nicole Vette answered on Aug 24, 2021

Florida is a no fault state so there are no longer required grounds to get a divorce. I recommend filing for divorce and seeking child support (if applicable) and alimony (if applicable).

View More Answers

3 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Florida on
Q: Can my ex husband stop by the house our children reside at when we have a court order that he gets supervised visits?

My ex and I are not together due to domestic battery. I had a restraining order for two years and was not able to renew it because he had not contacted me. Since his battery charge against me he has been arrested 3 times for battery and convicted once. He and I own the house that my children and I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 20, 2021

I can read this incident another way: Perhaps your husband brought a cop with him when wanted to give his children something--at a time he knew you would not be there--just to be sure you could not renew your outdated domestic battery retraining order. He probably also wanted to avoid a nasty scene... Read more »

View More Answers

3 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My divorce papers state to return the children 7 days prior to the start of school. How is this calculated?

If I have to return the children to the other parent seven days prior to school recommencing on 2nd September at 8am, would this be on 26th August or specifically before 8am on the 26th? My understand is that it refers to a date rather than a time. This is written in a FL divorce agreement if this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 20, 2021

I would say that your understanding is correct: some time on August 26th. As one of the parties to the agreement, and if that was your understanding, it's arguable that such was the intent of the parties (or at least one of them). If the other parent wants it clarified, he or she should ask... Read more »

View More Answers

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My last question really wasn't answered. Is it standard to have a parenting plan cover 6 mo in advance or a year?

Trying to figure out how long a parenting plan is usually scheduled for. A year, 6 months or maybe even less?

Mr Eric Klein
Mr Eric Klein answered on Aug 11, 2021

I like to do a parenting plan that covers timesharing until the child is 18 years old.

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: How far in advance can you set a parenting plan? What is typical? I would not mind doing the whole year but ex doesnt

My ex's job has her traveling quire a bit and she constantly wants to change our week to week schedule. She would like to do a parenting plan only a month or two in advance however I would be fine with a year, excluding summers. It is a constant source of conflict.

Nicole Vette
Nicole Vette answered on Aug 11, 2021

Typically a parenting plan is done based on the current best interests of the child. If it needs to be modified in the future then the person seeking modification files with the court to do so and holds the burden of proving that it should be modified. It is not common for a parenting plan to... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Divorced a year, got along great. Got in a new relationship and all civility went out the window. She threatens court.

Got along great with ex. So much so she moved across the street. We have 50/50. I got a girlfriend around Christmas and now she is bitter and cold. Always bashing me on social media. Flew our kid from FL to CA for 3 days to see her bf without permission when she was supposed to be in KY with... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 10, 2021

The only lawyer who could possibly help you is the lawyer who handled your side of the divorce, because s/he was successful in getting you to 50/50.

From my own personal experience the best any father of a female child can expect is 50/50, which is where you are. So why rock the boat if...
Read more »

1 Answer | Asked in Child Custody for Florida on
Q: Hello, I need help with jurisdiction over my child and how to file an emergency order to return him to me.

We never had a parenting plan. He agreed to send him back this coming Monday day and has changed his mind.

Rand Scott Lieber
Rand Scott Lieber answered on Aug 4, 2021

I am assuming that you are the biological mother. If the father has never been to court to establish paternity then you have full legal rights. In this circumstance you can report the father for kidnapping if he refuses to cooperate. If you have been to court for paternity and just do not have a... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: What if our long distance parenting plan doesn’t have a relocation section, any mention or specification?

I’m looking to move out of the country with my child. We currently live in Florida. I’ve asked my ex who lives 7,000 miles away if they’ll agree to it. They are being a bit difficult. However, our agreement has no section specifying anything about relocation. How do I know if I really need... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 1, 2021

You are probably going to need court approval to take the child out of the U.S. One reason you ex is being difficult is that, should you not return the child when agreed, international litigation is likely to be very costly. Also, you should be aware that, last time i checked, you will need both... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Florida on
Q: So what forms do I need to terminate my ex's parental rights over our two children? My ex is for this!

My ex is in prison he has been there for a few years and will remain there for many more years the children will be in their late teens/adults when he gets out. He was never really involved in their life beforehand and is all for terminating his rights and allowing my husband to adopt children! My... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should consult with an attorney to determine if a Step-Parent Adoption can be done in your case. If you and the biological Father are in agreement with your husband adopting the children, there should not be any major issues with the adoption process.

DISCLAIMER: The answer provided...
Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: I'm 17 . parent is non compliant of a court order, I refuse to stay with my toxic mom, hasn't supported me is CO void

I've been living with my grandparents for almost 8 months. They've supported me 100%. Mom agreed and even threw me out ( step dad did to) one time. She is toxic emotionally and physically, to me. I lose interest in school and life in general. I'm 17, a Senior in high school have... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should have your father consult with an attorney to try to modify the current timesharing order so the Judge can make a determination of what is the best for you based on your current situation. Another alternative will be to file for emancipation, but you will need to meet all the statutory... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: Can I petition for custody of my grandson? Or at least try to get visitations established thru the court?

I had been raising my 6 1/2 grandson all his life. 100% by myself for the past 5 years with no help from his mother(my daughter) or his dad. 3 weeks ago his father showed up with his name finally on the B.C. & they also called DCF making outrageous false allegations concerning my 16yo son. The... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should consult with an attorney that can assist you after getting more information on your particular case. You could file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that... Read more »

2 Answers | Asked in Adoption, Child Custody and Divorce for Florida on
Q: Uncontested Divorce trying to be civil how to give step parent visitation without allowing them to adopt the child

Oldest child isnt biological the step parents kid. He has been going with his brothers since we split during timesharing with mom how to write that into paperwork without allowing him to be legally adopted his real mom abandoned him 11 years ago but is still on birth certificate I have paperwork... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Jul 28, 2021

Permitting the step-parent timesharing wouldn't be causing the the person to legally adopt - an adoption process would need to be initiated. However, you may be entering into an agreement/contract to give a person rights they may not otherwise have. As such, I strongly suggest you schedule a... Read more »

View More Answers

2 Answers | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?

I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 28, 2021

In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.