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Florida Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Divorce for Florida on
Q: My husband was removed from home for domestic violence, when we divorce can i get full custody with him visitation?

I want to know if i can get full custody with supervised visitation since he’s unpredictable and I don’t trust he wont lose it on our son.

Michael Ferrin
Michael Ferrin
answered on Feb 3, 2022

In the over 14 years that I have been practicing family law I have seen many cases involving domestic violence. Generally, the Court rarely orders supervised timesharing even in cases involving domestic violence. When determining timesharing when domestic violence is involved, the court will... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Dad to oldest daughter is intentionally keeping her from speaking to me or letting her visit. What can I do?

My ex and I have raised my daughter for the last nine years. Her dad hasn't had anything to do with her unless he was trying to get a girlfriend then he wanted to play father of the year. At first we forced her to go with him when he wanted her but as she got older and actually understood that... View More

Pamela J. Fero
Pamela J. Fero
answered on Jan 31, 2022

I assume you have a signed agreement on custody and parenting plan. If so, not letting you see your daughter is already a violation to that. Consult with a local Family Law Attorney to help you file child custody modification to get her back and protect her from him (as you said, he had history... View More

2 Answers | Asked in Child Custody for Florida on
Q: How do we make changes to a prenting plan through the courts, uncontested?

My ex-husband plans to move more than 5 hours away and he agrees to give me 90% custody of our daughter with arrangements for visits on alternating holidays and long weekends. We have worked out the increase in child support and other financial arrangements to put into affect.

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

You can put your agreement in writing, both sign it, perhaps with witnesses or a notary, and then file it with the court. You may want to file a new parenting plan that reflects the revisions. While it is not required, I recommend that you meet with a local family lawyer for a consultation or just... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I sue Department of Children and Families for lying about me on an investigation report?

Not only that but also closing my case without notifying me that it had been closed? How do I go about in even starting to get my kids back?

Matthew J Ausley
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Matthew J Ausley
answered on Jan 27, 2022

Anybody can sue anybody at any time. Whether that would result in anything positive for you is a very different question. From the information you have shared, it doesn't sound like you will get what you want by trying to sue DCF. But set a consultation with an attorney if you are committed to... View More

1 Answer | Asked in Child Custody for Florida on
Q: Mandatory Disclosures and Default in Child Support Modification FL

Do you need to file your mandatory disclosures in a modification of child support case where there is a default (no answer 20 days after service)? Thanks!

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 18, 2022

Technically you should file your financial affidavit and a certificate of compliance with mandatory disclosure. Since there is a default you do not have to provide the documents.

3 Answers | Asked in Child Custody and Probate for Florida on
Q: My ex husband just passed and owes $15,000 in back child support. Can this be recovered?

There were restraining orders in place as he was found guilty of sexually abusing our son in family court and I had full custody. I am not in contact with his wife or family but I know that he was receiving social security benefits as he was terminally ill and owned a business. I spoke with a good... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 14, 2022

Maybe, it depends on whether there is a probate and what assets exist that are probated. You would make a claim against the probate estate and if there are enough assets then you could possibly get reimbursed. You will want to check with the clerk of the court in the county where he lived to see if... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I’ve been asked to be an personal anonymous donor, how can I protect myself from them perusing paternity and child supt?

Family law, sperm donation privately

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 4, 2022

Florida Statute 742.15 applies in this situation. You need to a gestational surrogacy contract as provided in that section. Get whoever asked you to do this to pay for an attorney to draft such a contract for you.

1 Answer | Asked in Child Custody for Florida on
Q: Do we need to alert the court before moving from Washington state to Florida ? He has sole custody, w no visitation.

He has sole custody and no visitation requirements of another party. Mother has abandoned child and is homeless and on drugs.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 4, 2022

This is not a Florida law question. Assuming that the custody order is from a Washington court, you need to ask this question in Justia > Ask a Lawyer > Washington > Child Custody.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Child dependency. Protection against dv. All dv cases dismissed no info.

My wife and I were going through a divorce that was rough. She filed an injunction to remove me from the house and gain control of the equity. Eventually her and I were caught with each other consensually. I was violated on the injunction and incarcerated for 22 days and received probation. During... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 17, 2021

DCF recorded a video of your children; what does it show? If it's relevant, yes, they can use it.

2 Answers | Asked in Divorce and Child Custody for Florida on
Q: If you get a paternity test done for someone in a different state, does it go by your state laws or theirs?

The father of my daughter lives in a different state (South Carolina) while I live in Florida. If I need to prove paternity, will the case be by Flordia Law or South Carolina Law?

Mr Eric Klein
Mr Eric Klein
answered on Dec 16, 2021

You've raised a complex jurisdictional issue. Although you and the child reside in Florida, if Dad files a paternity case in SC before you file a case in Florida, SC law will prevail; but only as it relates to establish paternity. SC does not have the authority to order child support or... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I have a court order for visitation?

My child's mother is refusing me visitation and keeps procrastinating visitations. She's had me locked up for something I didn't do and now she's trying to keep me out of my son's life. She made me get vaccinated to see my child. Then denied. I haven't seen my kid sence his birthday.

Veronica Lopez-Calleja
Veronica Lopez-Calleja
answered on Dec 14, 2021

After Paternity is established, you may definitely venture into having visitation with your son as your right as a parent.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How do I legally disprove paternity in my divorce case?

My ex and I were separated, living in different states when I got pregnant with my daughter. He doesn't want to be her legal father and I don't want him to be either. Her biological father didn't want to be involved in her life and he's had no contact with her most of her (2 years) life.

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 14, 2021

OK so there is a presumption that any child born during the marriage would be the child of the man that you were married to. To disprove that, you would bring a paternity action against the biological father and the DNA test would most likely as you suggest, conclude that he is the father. Once... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can a person file a child abuse complaint and go with the DCF worker to do their investigation?

A DCF worker came with the person making the complaint in order to get custody of the child. The complaints were lies. It was even information that wouldve been impossible for them to know if it had been true due to the fact they live in miami and I live in Lakeland plus they never had any... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 8, 2021

Yes, they can.

The reason they do it is children will be much more at ease with a relative present, especially when they go to pick up an abused child.

You should also know that DCF receives complaints about possible child abuse from many sources, not just the person you are angry...
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2 Answers | Asked in Criminal Law and Child Custody for Florida on
Q: First time offender, charged with 1st degree robbery w/a firearm, Likely sentence? Second time felon same charge, same ?

1st offender, woman/mom. Used weapon other than gun, was picked out of lineup, texts with pictures, phone logs with victim minutes prior to crime, toll logs of witness described vehicle leaving area within minutes of the crime. Being held on no bond. Concerned mainly what kind of trouble is mom... View More

Jeremy Lasnetski
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Jeremy Lasnetski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2021

In Florida, there are sentencing guidelines for each offense that typically drive a prosecutor's state offer and factor into a judge's decision on an appropriate and lawful sentence. A first time armed robbery conviction would score a substantial prison sentence. If a person has prior... View More

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1 Answer | Asked in Child Custody for Florida on
Q: How do we legally protect ourselves? Got the POA form on line and is motorized Will that suffice. Should we notify DCF?

We cared for 2 foster children (brothers) for 1 year and then the court decided to place them back with Mom and Dad. Mom and Dad are not married and no longer live together. Mom reached out to my wife and I, 9 months later ( December 1, 2021) to take the boys temporarily as they are being evicted... View More

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

So, in short, you are taking care of the children but you don't have a notarized document from the mother authorizing you to do so, and she is now "harassing" you about the situation. Continue to take care of them until a responsible parent (the father, I assume) takes them back, or... View More

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Florida on
Q: If my child gets taken by cps in Florida and I want to have another child later down the line in another state can i
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 4, 2021

Can you have another child? That would be a medical question, not a legal one. :)

Are you asking if that other state will also take the other child from you? It would depend on whether that state thinks the child is at risk of harm or abuse.

1 Answer | Asked in Child Custody for Florida on
Q: I am trying to get visitation time with my son, his mother will not allow me. What county do I file in, hers or mine?

My sons mother will not allow me to see my son, I live in St Lucie and she is in Pinellas. What county do I need to file in with the court?

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 2, 2021

Question number one is have you been to court before? If the answer is yes then file where you were in court before. If you have never been to court then you can file where either parent lives; however, it is probably better to file where the child lives since the court will have more control,... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: I have temporary custody of one niece, her 3 sisters are in foster care.sibling visit ordered, fosters not complying

Fosters want to adopt 3siblings and stop all visitation. They are 9,7,7,6yrs old.. everything I read goes against cutting sibling ties, do I file contempt? Will the respondent be the foster agency or foster parents?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 25, 2021

Sure.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I want to relocate out of state. I’m in FL with no legal custody agreement in place but he is involved voluntarily.

I am in a non ideal living situation due to the cost of living in the area. I cannot afford housing that would be suitable for myself and my two children. Moving would grant them and myself a better home setup (my job would follow). We have no legal custody agreement in place but he gets regular... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 19, 2021

If you have never been to court for paternity, including child support, then you have full control over relocation. However, since the children have been continuous residents of Florida for the past six months, if you move and the the father immediately goes to court, he could attempt to force you... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If I tested positive for alcohol n I have n open DCF case can they take my children away again

I havent tested positive at all for anything since January of 2021.

Michael  Mayoral
Michael Mayoral
answered on Nov 19, 2021

The answer to this depends on the case history and a number of different factors. You should consult and retain a family law attorney in your area.

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