Get free answers to your Child Custody legal questions from lawyers in your area.
If I have to return the children to the other parent seven days prior to school recommencing on 2nd September at 8am, would this be on 26th August or specifically before 8am on the 26th? My understand is that it refers to a date rather than a time. This is written in a FL divorce agreement if this... View More 
answered on Aug 20, 2021
I would say that your understanding is correct: some time on August 26th. As one of the parties to the agreement, and if that was your understanding, it's arguable that such was the intent of the parties (or at least one of them). If the other parent wants it clarified, he or she should ask... View More
Trying to figure out how long a parenting plan is usually scheduled for. A year, 6 months or maybe even less?
answered on Aug 11, 2021
I like to do a parenting plan that covers timesharing until the child is 18 years old.
My ex's job has her traveling quire a bit and she constantly wants to change our week to week schedule. She would like to do a parenting plan only a month or two in advance however I would be fine with a year, excluding summers. It is a constant source of conflict.
answered on Aug 11, 2021
Typically a parenting plan is done based on the current best interests of the child. If it needs to be modified in the future then the person seeking modification files with the court to do so and holds the burden of proving that it should be modified. It is not common for a parenting plan to... View More
Got along great with ex. So much so she moved across the street. We have 50/50. I got a girlfriend around Christmas and now she is bitter and cold. Always bashing me on social media. Flew our kid from FL to CA for 3 days to see her bf without permission when she was supposed to be in KY with... View More
answered on Aug 10, 2021
The only lawyer who could possibly help you is the lawyer who handled your side of the divorce, because s/he was successful in getting you to 50/50.
From my own personal experience the best any father of a female child can expect is 50/50, which is where you are. So why rock the boat if... View More
We never had a parenting plan. He agreed to send him back this coming Monday day and has changed his mind.
answered on Aug 4, 2021
I am assuming that you are the biological mother. If the father has never been to court to establish paternity then you have full legal rights. In this circumstance you can report the father for kidnapping if he refuses to cooperate. If you have been to court for paternity and just do not have a... View More
I’m looking to move out of the country with my child. We currently live in Florida. I’ve asked my ex who lives 7,000 miles away if they’ll agree to it. They are being a bit difficult. However, our agreement has no section specifying anything about relocation. How do I know if I really need... View More
answered on Aug 1, 2021
You are probably going to need court approval to take the child out of the U.S. One reason you ex is being difficult is that, should you not return the child when agreed, international litigation is likely to be very costly. Also, you should be aware that, last time i checked, you will need both... View More
My ex is in prison he has been there for a few years and will remain there for many more years the children will be in their late teens/adults when he gets out. He was never really involved in their life beforehand and is all for terminating his rights and allowing my husband to adopt children! My... View More
answered on Jul 29, 2021
You should consult with an attorney to determine if a Step-Parent Adoption can be done in your case. If you and the biological Father are in agreement with your husband adopting the children, there should not be any major issues with the adoption process.
DISCLAIMER: The answer provided... View More
I've been living with my grandparents for almost 8 months. They've supported me 100%. Mom agreed and even threw me out ( step dad did to) one time. She is toxic emotionally and physically, to me. I lose interest in school and life in general. I'm 17, a Senior in high school have... View More
answered on Jul 29, 2021
You should have your father consult with an attorney to try to modify the current timesharing order so the Judge can make a determination of what is the best for you based on your current situation. Another alternative will be to file for emancipation, but you will need to meet all the statutory... View More
I had been raising my 6 1/2 grandson all his life. 100% by myself for the past 5 years with no help from his mother(my daughter) or his dad. 3 weeks ago his father showed up with his name finally on the B.C. & they also called DCF making outrageous false allegations concerning my 16yo son. The... View More
answered on Jul 29, 2021
You should consult with an attorney that can assist you after getting more information on your particular case. You could file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that... View More
Oldest child isnt biological the step parents kid. He has been going with his brothers since we split during timesharing with mom how to write that into paperwork without allowing him to be legally adopted his real mom abandoned him 11 years ago but is still on birth certificate I have paperwork... View More
answered on Jul 28, 2021
Permitting the step-parent timesharing wouldn't be causing the the person to legally adopt - an adoption process would need to be initiated. However, you may be entering into an agreement/contract to give a person rights they may not otherwise have. As such, I strongly suggest you schedule a... View More
I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... View More
answered on Jul 28, 2021
In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... View More
My ex doesn't have physical custody and lives in another country. My kids and I live in Florida. If it won't affect our custody arrangement and they don't even live nearby (8,000 miles away), do I really need my ex's permission? Our marital settlement also says we shall be free... View More
answered on Jul 26, 2021
Obviously from your statement you have a long distance parenting plan. You say that the relocation will not change the other parent's timesharing in any way so why don't you just tell them that you are moving? Relocation is about notice also, not just permission. The permission comes from... View More
I would prefer to keep the house and just refinance without him on there, but I am not sure I can afford it, although I was head of household for 2020.
answered on Jul 26, 2021
If you are not married, you can't seek a divorce (or dissolution). Thus the laws for disposition of marital property do not apply. Instead, you would have to sue him for "partition" of the property. The property would be sold and each of you would get part of the proceeds.... View More
He paid for the phone and pays for the phone bill but he can just stop that can he take my phone legally?
I told them in August 2020 that we had a vacation planned in July 2021. It was a week long, and I asked them to switch their one day in the middle of our family vacation and they never answer me. My daughter has told them that she going and they laugh at her. Then our custody agreement states the... View More
answered on Jul 16, 2021
Since there are only about two weeks left in July, it appears that it may be too late for you to ask the court to order a change to the shared custody arrangement. Next time seek a court order months in advance.
Dad carries insurance
And makes the non-medical emergency decisions
answered on Jul 14, 2021
Yes. As part of shared parental responsibility both parents have the right to participate.
I don’t want to go to jail and I have a son to support and a in the middle of a divorce. I’ve gotten out of a toxic relationship and dealt with abuse growing up and the father is not taking any responsibility for child, the wrong I’ve done is that I took some redbull and used giftcards to... View More
answered on Jul 13, 2021
Hold on there... DO NOT EVEN THINK OF ending your life over something like this. Only a Florida attorney who practices criminal defense should advise here. But your question was alarming in its nature. You're gonna get through this. Hopefully a Florida attorney knowledgeable in criminal... View More
My family has always been very abusive, and as of recently it has gotten worse. They aren't this way to another sibling of mine so I don't want to risk that sibling going into foster care if I call child services. I'm 17 and I have a boyfriend above the age of majority who wishes to... View More
answered on Jul 13, 2021
Depending on his age, he could be accused of "sexual battery" (called statutory rape in most places), if they suspect he is having sex with you.
Can a married couple enter a time sharing/ parenting plan into the court while being married? If the time sharing / parenting plan gave primary custody to the other parent and was entered into law, does that give one of the two parents full custody of the children while the parents are married?... View More
answered on Jul 13, 2021
Absent an allegation of harm to the child, or a petition for dissolution, it is doubtful that a Florida court would have jurisdiction to enter an order on such a time sharing plan. So no, there are other matters to be considered in a dissolution.
Is it possible to be married in the state of Florida and one parent have primary custody of the children that the couple had together?
answered on Jul 13, 2021
If you are married in Florida (living in Florida) and have a child, also living in Florida, then the presumption is that both parents have equal rights to the child. The parents can agree to whatever timesharing arrangement (custody) that they want. Unless you invite court intervention you can do... View More
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