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