Get free answers to your Child Custody legal questions from lawyers in your area.
answered on Nov 14, 2022
If there is clear and convincing evidence that it is in the best interests of the child, the court may reinstate your parental rights. You must present the best case possible and commit to doing everything in your part to restore your rights.
My wife and I are separated and currently about to go through a divorce. She currently has a live in boyfriend who has a lengthy, violent criminal history. I do not feel comfortable with my son going over there due to his history with violence and drugs. I do not have much money for a lawyer and I... View More
answered on Nov 8, 2022
Generally speaking there is no "sole custody." Florida wants both parents to spend time with a child. You will need to notify the court of your concerns regarding the other parent's partner. If the concerns are legitimate then the court will put safeguards in place to protect the... View More
answered on Oct 28, 2022
If no court was involved, the "notarized paper" you signed probably only gives the so-called guardian the right to take care of the child as long as you agree. It would be revokable, in other words. If that is the case, you could resume physical custody whenever you want.
answered on Oct 19, 2022
Yes. When adding father's name to the child's birth certificate, both parents must consent. If the mother does not consent, you can file a petition to establish paternity. It will be granted after providing genetic samples proving you are the biological father of the child. The court will... View More
My son was born in Florida while his mom was still married to another man, how can I establish paternity?
My son, his mother and I live abroad now.
answered on Oct 19, 2022
Based on Florida law you cannot accomplish this without the cooperation of the man that she was married to at the time of birth. However, since none of you lives in Florida the court here will not have jurisdiction (the ability to decide your case). You may not be able to do anything before you... View More
Living in Florida. I have a child that is not my ex husband's, but the child has his name by default ( as he did not physically sign the birth certificate) been divorced since the child's birth...and we've been out of communication ever since. Fast foward 10yrs, my now husband wants... View More
answered on Oct 11, 2022
Florida’s adoption law requires that the consent of both parents be given before a court can make an adoption final.
If one parent does not consent to the adoption, the court will only make the adoption final if it finds that:
✅ The non-consenting parent is unfit
There... View More
We were never married and she just moved out last month. She wont set a mediation or court date and its been over a year and im stuck in limbo. They say I can't do anything because she was the petitioner. Can I just have her plan thrown out and started over with a new petition by me or what... View More
answered on Oct 6, 2022
To ensure your child's safety and well-being, you must establish a timesharing plan with the court. You should consult with a family lawyer to determine the best way to proceed with your case.
If there has been no court ordered custody or guardianship arrangement, Can a grandparent, who has been caring for a child for an extended period of time, deny the mother the ability to take the child back? And can they make rules denying the parent from having the child stay with said parent... View More
answered on Sep 26, 2022
If there is no court ordered custody arrangement, there is no reason the grandparents keep the child from you, unless there are proofs you are unfit to care for the child and they appeal for custody for the child. Speak to lawyer to know how best to proceed with your case.
My husband, who is in the Air Force, is leaving for about five months to tech school to cross train to his new AFSC. There is a parenting agreement in place for my stepdaughter and right now we have her every other weekend (Friday - Monday). Will a military POA suffice so I can take over my... View More
answered on Sep 23, 2022
The Judge was the ONLY person who established your husband's visitation rights, and the Judge is the only person who can answer this question. Do NOT rely on a "military POA." Ask the Judge.
When my child turns 18, he has graduated HS, will my supposed now be 440 per month?
answered on Sep 19, 2022
You should speak with a local family law attorney to recalculate your child support for one child. It does not automatically go to half and it could even be lower than half. More importantly, you want to record the change with the court so that you are protected if there is a dispute in the future... View More
Our custody agreement is from Kentucky. I’m I required to transfer and change the agreement it in the courts in Florida?
answered on Sep 12, 2022
If you are still the legal parent of the child and only shared the child with the father then why is an agreement needed at all? Besides a family lawyer you may need to speak to a probate lawyer (a lawyer that handles estates after someone dies). If you had your parental rights taken away that is a... View More
he gave me 1 month to leave his house because I caught him cheating. It escalated where he put his hands on me in front of my child. I called the police and reported it. I don't have family around so I have nowhere to go right away. I haven't worked in 6 months, he's been paying all... View More
answered on Sep 10, 2022
No, he cannot just kick you out like a dog. If you have stayed there for longer than 30 days, then he has to take legal steps to evict you. If you are married then different rules apply. But if you are just a houseguest, then he first has to serve you a notice to vacate, and then he has to file an... View More
answered on Sep 9, 2022
Your question is too vague. I suggest you re-post with short description of what caused a newborn to be taken. And by "defac", do you mean DCF (Dept. of Children and Families)? And by "notifying you parents", do you mean notifying the parents of the child being taken away?
I gave temporary custody of my daughter my 16 year old daughter to my dad until I could get my own place get a steady job staple job and get on my feet financially well I'm I'm financially okay now and I have my own home and I have a good job do I have to go through the courts my daughter... View More
answered on Aug 30, 2022
If a Judge gave your father temporary custody of your daughter, you will have to return to the same Judge to undo his Order. You might have visitation rights but that is NOT the same a custody.
My daughters father and I are not married and have never been married. I moved to Florida from Georgia and don’t have money to switch my car and everything over to Florida. So I have an out of state license. My child’s dad always wants me to drive and bring her to him and we have disagreements... View More
answered on Aug 26, 2022
If yo have never been married then you as the mother have total control of the situation. If you have lived in Florida for more than six months then you can file for paternity here, with or without a drivers license. You just have to prove that you have lived here and plan to continue living here.... View More
answered on Aug 24, 2022
If there is a court-ordered parenting plan in place, you can file a motion for modification. If the mother is proved unfit to take care of the child, the court may grant you more time or sole parental responsibility. Talk with a family lawyer to know how best to proceed.
care. My grandma has power of attorney over me. I live in florida and I dont know if I can but I really need to leave here.
answered on Aug 23, 2022
You can be legally emancipated by a court before the age of 18 if you can support yourself. You can show proof of sufficient income to cover your living expenses and daily necessities.
However, it is most practical if you sit with your legal guardians and obtain their permission.
He had agreed for us to relocate back to FL by Oct of this yr but moved to SC & now he’s saying I can not relocate the kids even though he already has an out of state parenting plan which he didn’t even keep them during his summer visit causing me to lose a good travel assignment. His... View More
answered on Aug 22, 2022
The law in Florida is that you can only address children's issues if one or both of the parents (or the children) live in Florida. It sounds like no one lives in Florida anymore so you would need to go to court where you or the other parent lives. Should you move back to Florida and live here... View More
My son told his dad he has a problem with the drinking at his dads, his dad told him there’s no drinking though. My son told him he doesn’t want to go to his house and his dad told him “to bad there’s a court order “
WE HAVE A PARENTING PLAN SORRY NOT A COURT ORDER.
answered on Aug 12, 2022
Do whatever it takes to encourage your child to maintain a relationship with his father. Inform your ex that his behavior affecting your son and try to work things out. If all efforts fail, consult with your attorney to determine the best way to proceed.
answered on Aug 11, 2022
If both you and the other parent agree to the modification, you can speak with your respective lawyers and have them draft a new parenting plan that you can submit to the judge for approval.
If the other parent disagrees, you can file a petition for modification. You must convince the court... View More
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