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Florida Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How do I go about custody case if I relocated to another state and my son lives between states? My case is in FL.

My son was born in NC. His dad moved here for a yr. Didn’t like it, came to FL stayed for 5 months and I left. We came up with an agreement in regards to our son, got the document notarized so we didn’t have to go through the courts upon my departure but, he went behind my back files for... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 25, 2022

Jurisdiction is where the child has lived for the past six months. If you have a written agreement with the other parent you can use it as evidence in any jurisdiction. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Family Law and Health Care Law for Florida on
Q: Can ex claim son for medicaid benefits if he legally has no parental rights(never married) & son lives with mom 85%?

Parents never married. Father never petitioned the state for rights in either Ohio or Florida. No legal arrangement just verbal until March of 2022 when mother started a custody case. He is claiming since October of 2020 that son resides with father and has actively Maintained medicaid benefits for... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 20, 2022

This is an issue between you and the medicaid system. Look for a consultation with a lawyer that specializes in government benefits.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Does my boyfriend have a legal right to keep my baby from me?

I’m 17. My boyfriend was in the delivery room and signed the birth certificate. No other paternity has been established and no court filings as of yet. Since we aren’t together at this time, I have been taking the baby to him while I go to work. Lately he has been refusing to give me my baby... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 20, 2022

Legally, you as the mother have 100% custody rights to the child, unless and until the father goes to court to establish paternity. You also have the option of going to court to establish paternity. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: if i were to file for termination of parental rights to a parent who was never really there would the judge grant it

if i were to file for disestablishment of paternity or closing of a child support case and can prove that the bio dad has had nothing to do with her the last about to be 10 years would they terminate his parental right?

Pamela J. Fero
Pamela J. Fero
answered on Apr 15, 2022

If a court has determined that the child is dependent and a case plan has been submitted, but the child continues to be abused, neglected, or abandoned, the father's rights might be terminated.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Woman taking child support out on me saying she is childrens grandmother but in fact she gave her son up for adoption 7

was ordered to pay child support but just recently givibg information that the grandmother taking support out on me is in fact not there legal grandmother she originally gave there father up for odoption when he was 7 so no loger legally my childrens fathers mother can i do anything legally and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 15, 2022

I don't know what you mean by "taking child support out", but if you are the parent of the child or children, you have to pay child support which, will go to someone. If this woman takes care of the children, she is entitled to the child support, even if she isn't their "legal grandmother".

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: How does a person go about responding to a summons they have been served with that has to do with sole custody?

I was served with a summons to court who my oldest daughters dad filed. If I have paperwork that states I have already been named as the sole custodial parent to my daughter can she still be removed from me? If I also have no history of being committed into a mental health facility but the other... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 12, 2022

You need to file an Answer (paper) with the court stating exactly what you have described above. The legal standard is what is in the best interests of the child. You need to spell out in your paper why it is in the child's best interest to stay with you. Generally it is better to focus on why... View More

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Can a father file for custody, unmarried but on birth certificate, with agreed upon overnights, visitation, holidays?

Currently co habitating with the mother of my 3 children age 4 and twins- 2 y/o. Mother has demanded disolution of relationship of 6 years. Mother is unemployed and I've supported the family 100% for 6 years including her 16 y/o son. I wish to be custodial parent with 80+% overnights. No... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 8, 2022

You need to file a Petition for Paternity. The court will establish a timesharing plan (custody) that is in the best interests of the children. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Can my friend go against his dad to not have custody of him?

My Friend he is a minor. His dad kicked him out of the house and used to abuse him mentally. His dad has told him he would put a restraining/ no contact order on him and his brother so he couldnt be near either of them . The dad never gave up his custody so he is still under his wing. I thought... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 6, 2022

Your "Friend" has very limited civil law rights to do anything to change the existing legal support order because your friend is still a minor.

However, if the circumstances at home are really as bad as they say, the Florida Department of Children & Families might be able to...
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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: Is it legal for my ex husband to record our child co-parenting pick ups & drop offs without my knowledge or consent?

I am specifically talking about recording audio with his cellphone when we meet IN PERSON every time we pick up and drop off our child. We live in Florida and my ex husband has openly admitted that he records the shared custody pick up and drop off conversations without my knowledge or consent and... View More

Ira Markowitz
Ira Markowitz
answered on Apr 4, 2022

Do you use Talking parents or similar program where the conversations are monitored and recorded with prior consent by itself as a condition if you use it.

If not then each time you have a phone conversation both parties must consent unless specifically agreed to in the Parenting Agreement...
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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: My soon to be husband is trying to take full custody of the the kids I had told him I was gonna hurt myself out of spit

I will never do something like that to hurt my boys they are my world I had said it to hurt him he tried to have me backer acted but since I’m not suicidal they let me go in less than 20 hours he is putting the boys through too much and I can’t have him put them through more he had a 10 year... View More

Michael Ferrin
Michael Ferrin
answered on Apr 3, 2022

Being you made those comments, your mental health will most likely be called into question. Any issues raised by your husband can be dispelled with a mental health evaluation if needed. Understand also that if you do not have a history of mental health issues, when people are breaking up sometimes... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My daughter recently had a baby with boyfriend who is now becoming vindictive. He has not paid a dime towards his son

She wants to move away to not deal with the drama he creates every day but is fearful he will get a lawyer to give him partial custody.He does not have a regular job.What are her options.She pays all the bills

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 1, 2022

Under Florida law, unless and until the father goes to court to establish his legal rights to the child (paternity) the mother can do whatever she likes, including moving. If and when the father does go to court he will be entitled to timesharing (partial custody) and he will have a fixed child... View More

1 Answer | Asked in Child Custody for Florida on
Q: If my sister has temporary custody of my daughter, can she move her out of state without going through me

My sister got temporary custody about 4 years ago when I was in a coma in the hospital

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 28, 2022

You need to read carefully the legal papers that gave your sister custody. You probably need to return to court to reassert your parental rights. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have 50/50 custody of my 15 year old son. At what age can he legally decide not to have to go to other parents house?

His mother has refused to let him attend extra school events and take him to school to those events during week-end. She moved an hour and a half away from school. But as per child custody agreement he goes to school where I live. He doesn't like going to her house during school days. He says... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 23, 2022

A child never has the power to decide; however, as they get older their preference may be influential. It really depends on the judge. It sounds like you may need to go back to court on a motion for enforcement. Read your parenting plan carefully and speak with a local family lawyer for more... View More

1 Answer | Asked in Child Custody for Florida on
Q: If a child is born and the parents are not married…one dies, does the remaining parent need to get legal custody
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 17, 2022

You do not say if both parents names are on the birth certificate. To be safe, the father should pursue a paternity action to establish his legal rights. If he does not then the mother has full control of what happens with the child. Speak to a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Q: How do I terminate permanent guardianship? Child is uncontrollable because birth mother is encouraging bad behavior! Etc

He’s bullying 93 yr old in home causing my 5yr old grandson I’ve adopted to break down. He’s refusing to do schoolwork stealing taking off etc. I’ve called many agencies only to get one offering referral for counseling. This child needs a one on one situation that I can’t provide. I’m... View More

Michael Ferrin
Michael Ferrin
answered on Mar 14, 2022

You would need to file a motion to terminate the guardianship. I would highly recommend that you contact an attorney to assist you if this is what you want to do. If you can, it would be best if you could find someone else to take over the guardianship of the child and that way you can file a... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Florida on
Q: Did my lawyer have conflict of interest against my x who stated in court that they have been good friends last 10 yrs?

We went to court twice. My lawyer called my x into the hall to talk before he even acknowledged me both times. Permanent DVI hearing, my lawyer has nothing of mine to present to the judge. No pics of all the bruises, no police rpts, nothing. My Permanent DVI was denied. CPS requested emergency... View More

Michael Ferrin
Michael Ferrin
answered on Mar 13, 2022

The Florida Bar has an ethics hotline that you can contact anonymously and ask if there was a conflict of interest. Just google Florida Bar Ethics Hotline and you should be able to find it.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Do I have to stay with my aunt until I am 21 or go back to my grandparents in Puerto Rico until I’m 21?

My mom left Puerto Rico when I was three months old. I’ve lived in the United States my whole life. My mom passed away when I was 17. I live in Florida by the way. My grandparents signed me over to my aunt. I tried to leave the house now that I am 18 but my aunt said that she has legal custody... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 11, 2022

Your aunt is mistaken. The age of majority in Florida is 18, so she can't make you go to Puerto Rico or make you do anything else.

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Hello, my question is how would I go about obtaining guardianship over my nephew since his legal guardian passed away?

My nephew is 17 years old and my mother was his legal guardian, she passed away last year. My husband and I have actually been taking care of him since 2018, but we just never had the guardianship transferred to us. Now we are unable to take him to the doctor or anything because we are not his... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 11, 2022

Fastest? Hire an attorney; that's what attorneys are for. If you want to do it yourself, that can be done, but you obviously can make some mistakes.

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How do the 20 days to respond to a summons consist of? My case is a child custody by third party non-parent(grandparent)

My grandsons dad and my daughter got served on February 15th. The summons says they have 20 days to reply. I am wondering how the court counts 20 days if the weekends are counted or not. According to my sum the last day would be today. The father has a warrant for his arrest in another state for... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 7, 2022

The twenty days includes weekends but the final day must be a weekday so if day twenty is a Saturday Sunday or holiday the the next business day would be the final day. After the twenty days passes you can move for a default judgment against the parties that were served. Because children are... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is it possible for me to pursue sole custody if the other parent has been convicted of attempted murder?

I opened a case for child support shortly after my child was born. I have experienced abuse during and after the pregancy from the father. I have ask him to leave multiple times he has left however continues to threaten me that he is going to get half custody of our child. I did not know he had a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 3, 2022

He has merely threatened to sue you? Until he does, he doesn't have any rights regarding child custody. And IF he does, a likely prison sentence would obviously prevent him from exercising visitation, at least until he is released. It's not clear what you are worried about.

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