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Florida Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I was given a court appointed lawyer then decided to hire my own lawyer. lawyer quit the case.can I get another lawyer ?

Can I be given another court appointed lawyer?

Michael  Mayoral
Michael Mayoral
answered on Nov 11, 2021

You can apply for a court appointed lawyer and if you meet the requirements for one the court should appoint another court appointed lawyer. You can call the local clerks office or the judge's judicial assistant and ask them what their procedure for this is.

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: My friend has a 4 yr old child. Im called the nanny. Been with him every day of his life almost. She is in jail will POA

Enough to move to New York There is no father and DCF is not involved.

Michael  Mayoral
Michael Mayoral
answered on Nov 8, 2021

If you are saying that you want to move to New York with the child, that doesn't sound like a good idea and can be the basis for legal action against you. You should consult a family law attorney in your area.

1 Answer | Asked in Child Custody for Florida on
Q: If someone has filed a custody case in a New York, Your in FL though, but they haven't served you..can you file?

I'm in FL he's in New York, he filed the papers but didn't serve me yet so I am trying to see if I can do it once I hit my six months down here

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 29, 2021

The court in New York would have jurisdiction, assuming that the child had been in New York for at least six months when the child's father filed there. It's where a complaint seeking custody was first filed, not whether you were served, that matters. If you subsequently file in... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How can I change child Custody agreement if there was no Substantial change since it was approved?

Agreement states I see my kids every other weekend, i requested my ex for more time, she refused. My kids requested to spend more time with me, their mom refused. They dont want to go back to their mom after their visit, they feel overly stressed and distraught. A Lawyer i spoke to said there is... View More

Linda Liang
Linda Liang
answered on Oct 18, 2021

Mental abuse can be qualified as substantial change. The key is that you need to have evidence. Once you do, find an attorney.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Are there any resources available for someone who can't afford to pay for a PI to serve a parent with contempt paperwork

My son has been told he needs to hire a PI to find his daughter's mom in order to serve her with contempt paperwork. She has kept him from having any contact with his daughter for over 1 year even though there is a parenting agreement in place. The courts have told him he needs to hire a PI... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 13, 2021

Has he tried one of the many online "find a person" resources?

1 Answer | Asked in Child Custody for Florida on
Q: Mother of child accused of domestic battery and fathers custody rights

The mother of my child has been accused of domestic battery and her hearing is Nov. 2nd and I have agreed to let her see our son but on the agreement that she returns him when I say. There is a temp restraining order and only third party communication about the child, she must return him to me... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 11, 2021

Unless the court has given you temporary custody pending the hearing (in the TRO, for example), no, she is not required to return the child to you.

If she and you are not married, I don't believe you are likely to be awarded the house in the context of a custody case. You would have...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Is an 11 yr old who lives in Fl able to decide to see her dad when her mom won't allow it & refuses to work out custody

The mother doesn't allow any contact and there is absolutely no custody arrangements, however the daughter and father found each other via snapchat and have been carefully communicating because he is afraid the mother may get upset with their daughter.

Linda Liang
Linda Liang
answered on Oct 10, 2021

Are they divorced? Is there any parental plan agreement? if there is one, the father can go to court to apply for a court order to enforce the agreement. If there is not, the father should also go to court to ask for an order to enforce visitation.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Florida on
Q: At home insemination Via sperm donor

I will soon be having a baby through at home insemination Via sperm donor. Me and the sperm donor agreed to sign his Rights away. How do I go about this? And how do I get a contract. Also would that paper work hold up in court if it came down to it? I’m not familiar with Florida law bc I’m not... View More

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

I'm amused by your description of old fashioned copulation. Whether an agreement to waive paternal rights may or may not hold up in court.

And, as to the paperwork being signed by a same-sex couple, I assume both partners are women, one of them being the birth mother and the other...
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1 Answer | Asked in Child Custody for Florida on
Q: Can I claim custody of my daughter in Kentucky?

Her guardian was her grandmother who died a month ago. Her mother passed as well over the weekend. My daughter wants to be with me but her uncles are trying to keep her from me. I am in Florida.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 30, 2021

If the guardianship was approved by a court in Kentucky, you would probably need to apply to that court. Or, if the guardianship was ordered by a Florida court, file a motion in the Florida court.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Does dcf have to provide a warrant to take a child
Linda Liang
Linda Liang
answered on Sep 23, 2021

I do not think so. A shelter hearing should be held within 24 hours where judge find the justification for the sheltering.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Do I need to file emergency custody to get my grandchild?

My daughter passed away from covid right after having her baby. Baby is premature and was in the nicu. Acknowledgement of paternity was never established with her boyfriend but hospital still released the baby to him. Would I need to file an emergency custody order or temporary custody to get him... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 22, 2021

You need to ask the court to give you custody. But if, in the court proceeding, he establishes paternity, he might very well be awarded custody.

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... View 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.

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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... View More

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 14, 2021

" Evidence that shows I was in the sole or joint legal and physical custody of my US citizen parent pursuant to lawful admission for permanent residence such as a custody decree or the death certificate of my non-US citizen parent. "

You may consider sworn legal notarized...
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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... View 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... View 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... View 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... View 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...
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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
PREMIUM
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).

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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... View 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... View More

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