Get free answers to your Child Custody legal questions from lawyers in your area.
Can I be given another court appointed lawyer?
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.
Enough to move to New York There is no father and DCF is not involved.
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.
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
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
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
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.
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
answered on Oct 13, 2021
Has he tried one of the many online "find a person" resources?
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
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... View More
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.
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.
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
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... View More
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.
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.
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.
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
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.
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
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.
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
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... View More
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.
answered on Sep 5, 2021
He's probably going to have to file three suits for visitation, each suit where each child lives.
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.
answered on Aug 30, 2021
If the guardian was appointed by a Florida court the guardian needs to ask this question to the judge.
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
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
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.
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
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
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... View More
Spouse abandoned the home in November 2020 and hasn't helped financially.
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).
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
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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