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Florida Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Florida on
Q: How much does it cost in FL to amend a relocation order? Can I legally leave the state of WV

At any time with out filing the amended paperwork or do I have to file first. If so do I have to wait for an approval before leaving? I will be going back to the exact address in FL.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 12, 2021

You should at the very least file before moving. To be absolutely sure, you would wait for an order approving your motion. But, as I indicated earlier, you could perhaps move first, and then argue that the previous order doesn't apply so as to preclude you from moving back to the same place.

1 Answer | Asked in Child Custody for Florida on
Q: I am currently divorced. I am a FL resident. I filed paperwork to move my kids to WV and I did that in July.

However the move was a mistake due to issues with housing and I was offered better travel jobs in FL but my ex husband refuses to allow me to move back. The paperwork says I have to file with FL if I move 50 miles away from WV. I want to know if I can legally come back to FL. If not how much would... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 12, 2021

It looks like the idea of the present order is to give you ex-husband a chance to object if you move from your present location in West Virginia to a third place. If you move back to the same place in Florida where you were, it doesn't appear to be a problem that the order was designed to... View More

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: If a father don’t sign the birth certificate but he’s on child support. If the mother dies, who do the kids go to?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2021

If he has been adjudicated to be the father, and a child support order would do that, he could petition the court for custody.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Me and my husband have been separated years ago and out minor children have lived with him. He has keep them from me.

I found out yesterday that he has moved without telling me and i do not know where. I have my divorce packet filled out and my parenting class done with certification. What do i need to do to get my kids asap

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Jul 6, 2021

You will need to figure out where he is. You will not be able to start the process without serving him the documents. A good private investigator may be able to help you with this. Checking all social media, checking in with friends/family, and or checking with the children's schools to see... View More

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1 Answer | Asked in Child Custody for Florida on
Q: My child abuses drugs has a baby she sign temp custody to us in court pending hospital giving advice is that legal

She has been in and out of rehab all life can also she take baby to rehab we are the grandparents

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

If, in the court proceeding, a judge approved the temporary custody to you, it would depend upon the terms of the order.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: Can my 17 y/o daughter live with her sister without my consent? I have asked her to come home to both of them

My 17-year-old daughter was staying with her father even though I am primary parent in our custody arrangement. Her father is now in jail and she has been staying with her sister. I have made it very clear from day 1 to both of my daughters that I am not ok with this and I want her to come home.... View More

Tami Lane Augen
Tami Lane Augen
answered on Jul 4, 2021

You have the parental rights to do what you need to do to get her back home. This, unfortunately, is where the law and reality clash. You most likely will not even get into court before your daughter turns eighteen. Perhaps you can work with her and her sister in terms of advising that you are... View More

2 Answers | Asked in Family Law, Child Custody, Child Support and Sexual Harassment for Florida on
Q: Would it count as kidnapping if I picked them up a friend in an abusive household and kept them safe in another place.

father is a rapist and physical/mental abuser, mother physically/emotionally abuser. Police have been called on numerous occasions and have done nothing. Mother has "kicked out" my friend and called police stating that they ran away. Threaten to kill if police or cps is called. Cps has... View More

Tami Lane Augen
Tami Lane Augen
answered on Jul 4, 2021

This is a difficult question if DCF is not taking any action. It is unclear who called DCF. Your friend can call the abuse hotline herself. She can also continue to call. Your friend can contact the authorities herself as well. Further, your friend may want to reach out to another trusted... View More

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2 Answers | Asked in Criminal Law, Family Law and Child Custody for Florida on
Q: if a court docket states "Order Denying Injunction Before Hearing" and the case status is closed. What does that mean?

My ex (unbeknownst to me) falsely accused me of molesting my child and seems like she filed a petition ending in the docket line item above. Does it mean "its over"? (barring of course an appeal). Note: we are in the middle of custody case (and she is - apparently - will to go that... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 3, 2021

I assume that, along with the false accusations, she somehow asked for an injunction. It looks like the judge has denied the injunction without the need for a hearing. You should have received a copy of the order, or you should be able to get it from the docket.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My husband and I used to be duel active duty military. I am still in, and he was discharged for drug abuse over a year

Ago. We have a two year old together. He has resided solely with me since he left us when he was 1 month old. My husband has not contributed financially in the past two years to my sons needs. He has recently had a second baby with another woman just this year. He is a narcissist, and diagnosed... View More

Destardes Moore
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Destardes Moore
answered on Jun 30, 2021

The Court will use the factors found in Florida Statute 61.13 to determine the best interests of the minor child. You can request the appointment of a social investigator if you believe the other parent is unfit to care for the child. The social investigator will investigate all of the facts of... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Where can I get a free consultation and discounted attorney for a TPR hearing coming up in weeks West Palm Beach
Tami Lane Augen
Tami Lane Augen
answered on Jun 27, 2021

If you have a termination of parental rights hearing coming up in dependency court, you have an absolute right to have court appointed counsel. If you have not had counsel appointed yet, immediately ask the judge to appoint you counsel. If you are simply not happy with your court appointed... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My daughter doesn’t want to visit her dad anymore she is 12 can she refuse to come over

Her dad has history of alcohol, still drinks she also says he makes her uncomfortable. Can I refuse to bring her over, what rights does she have to stop visiting immediately?

Tami Lane Augen
Tami Lane Augen
answered on Jun 27, 2021

She has no rights whatsoever to stop visiting. If you believe there is a dangerous situation, then it is up to you as the responsible adult to file the appropriate Supplemental Petition or Motion with the Court. If it is not a dangerous situation, then you need to follow the lawful orders of the... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Is the two part test for time sharing modification needed for orders with reserved jurisdiction to reconsider?

In our final judgement in divorce case, Judge reserved jurisdiction to reconsider and expand Fathers timesharing to overnights after 6 months of supervised timesharing at his parents residence. Final Judgement also stated either party may file motion to review this issue without necessity of filing... View More

Tami Lane Augen
Tami Lane Augen
answered on Jun 27, 2021

Excellent question. If the court reserved jurisdiction, then that issue is not finalized and the Father should not have to prove the substantial change of circumstances that is permanent and unforeseen. I do not believe that it matters that he filed a supplemental petition versus a motion... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My wife took our 5 year old out of state without my knowledge or approval. She appears to want a divorce. Custody?

I want custody of my child. I raised my son from 2 years old on my own from

My previous marriage. I will likely keep the child’s home. Cam this be done ?

Tami Lane Augen
Tami Lane Augen
answered on Jun 27, 2021

If you believe that your Wife removed the minor child from the state of Florida and intends to keep him out of the state and seek a divorce, I would strongly recommend that you immediately consult with counsel. While travel out of state is one thing, leaving the state with the intent to remain out... View More

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: My boyfriend is trying to kick me out of his apartment and telling me that I can't take our daughter with me
Tami Lane Augen
Tami Lane Augen
answered on Jun 17, 2021

It is not entirely clear what your question is. There are certain laws in Florida that govern the parent child relationship when a child is born out of wedlock. You may want to schedule a time to speak with a qualified family law attorney to discuss what your options are under these particular... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: When someone dies do blood relatives have any rights to visitation with the deceaseds children
Rand Scott Lieber
Rand Scott Lieber
answered on Jun 8, 2021

Timesharing (visitation) is controlled by the mother and father. Extended family, blood or not, has no direct legal right to timesharing without going through the parent.

1 Answer | Asked in Child Custody for Florida on
Q: My son grandma has concurrent custody of him but she does nothing for him I his mother do it all so can I take him and m
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2021

If the grandmother was awarded "concurrent" custody, you will need to go back to court and get that court order modified.

2 Answers | Asked in Child Custody for Florida on
Q: Can I take my child and move out if the grandma had concurent custody
Rand Scott Lieber
Rand Scott Lieber
answered on Jun 3, 2021

Presumably you have some sort of legal document that defines your rights and grandma's rights. You do not mention if grandma objects to the move. Look for a local family law attorney to give you more specific advice.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What is the best way to terminate parental rights?

My 11 month old son's father has been in and out of the picture since he was born. We are now broken up and I'm dating someone who is interested in adopting my son. As of right now we have not established paternity, but the bio father is on birth certificate. I just received a text from... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 3, 2021

To make it legal you will need to go through dependency court. Even with the father's cooperation a termination of parental rights can be difficult. Look for a local family law attorney who handles dependency cases.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: There was no evidence of texts supposedly sent, yet the judge accepted them and took their word over lack of evidence??

So what happened was during a custody trial, the father had claimed the defendant was trying to keep the daughter away from him (he’s behind on child support and has lied on who was watching over their daughter among other relevant things) and had said he had evidence that he wanted thing to work... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 3, 2021

If text messages were offered as evidence, presumably someone testified about those texts being sent. That would be sufficient evidence of the texts. There might be hearsay problems, but that would depend on such matters as what exactly was intended to be shown by the introduction of each text,... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Child custody agreement was written up in Volusia County Florida we then got married in Texas. We are getting divorced

Wondering if a new custody agreement needs to be reached?

2017 we got a custody agreement written up in Florida

2018 we got married in Texas

We were separated after a month of marriage and are just now getting divorced in Florida

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

In what state are you getting divorced/ living in now? If you both signed the original agreement then it is a contract between the two of you. Unless you want to change it, you may be able to file it where you are getting divorced and ask the court to adopt the agreement. If you want changes it... View More

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