Get free answers to your Child Custody legal questions from lawyers in your area.
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 
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
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.
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
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?
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
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!
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.
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
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
Family law, sperm donation privately
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.
He has sole custody and no visitation requirements of another party. Mother has abandoned child and is homeless and on drugs.
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.
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
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.
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?
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
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.
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.
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.
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
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
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... View More
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
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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
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
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
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.
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?
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
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?
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
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
I havent tested positive at all for anything since January of 2021.
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.
answered on Nov 11, 2021
Assuming that you have shared parental responsibility, you are obligated to try and agree with mom first. If that does not work your remedy is to go to court to resolve the dispute.
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