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The kids Insurance or extracurricular activities. My family, her family, and even his family live in the Orlando area. They have 50/50 time with the kids. We have no idea how he pays his bills as he hasn't worked In over a year. What do we have to do to force him to let us move.
answered on Jun 3, 2024
Try to talk with the kids' dad. Since you all have ties to Orlando, he might see the move as beneficial too. If he agrees, that's good! Just be sure to get that agreement in writing. If he’s not on board or things are a bit tricky, then you might need to petition the court for... View More 
Supervised visitation of my 2 year old son. When I complete BIP and get off probation, Does that qualify as a change of circumstance and allow me to modify the injunction to request unsupervised custody of my son at my home? No family case at the moment. We are still married. Divorce has not been... View More
answered on May 31, 2024
You can always file a motion to modify the conditions of the injunction. You do not mention if there is also a family case. You may be able to modify sooner than the end of your program and probation. Speak with a local family lawyer for more specific advice.
answered on May 31, 2024
In Florida, assuming that you are not married, it is the mother who starts with all custodial rights. Once you go to court for a paternity case then through shared parental responsibility both parents can make decisions as long as they are in agreement. If you are in agreement with the... View More
answered on May 27, 2024
You need to read the court order that awarded you custody. It may or may not allow you to obtain a passport without the other parent's consent. If it does not then you must either have the other parent sign the appropriate form or get a court order that gives you authority. Speak with a local... View More
I live in an abusive home. I moved in with my grandparents in 2018 at the push of my grandmother. My grandmother adopted my sister for the money she gets, she tells she is going to leave her with me because she didn't sign up for the responsibility only the money. She calls her names, is... View More
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answered on May 16, 2024
It is unlikely that your children will be taken away from you simply because you have a condition which requires you to take medication. Many people in society have bouts of anxiety and depression and society, including family court, understands and does not condemn people who are going through... View More
answered on May 18, 2024
You need to take a look at your parenting plan as it should address travel. Usually if a parent wishes to travel with their children during their timesharing they would need to notify the other parent of the dates for travel, the location they are going, tavel information such as flight info etc,... View More
answered on May 14, 2024
In Florida, shared parental responsibility means discussing major decisions like health and education. If you have a parenting plan there is a separate section that addresses traveling. Generally, as long as it is his timesharing and he has informed you about the travel he should be able to go.... View More
This is due to the cost of living and child care in my area. I am selling my home and relocating to a more affordable town which would but me 60 miles away from the other parent.
answered on May 9, 2024
I am assuming that you already have a parenting plan with the other parent. You will need to either get the other parent to agree or else file a supplemental petition with the court. This can be a costly legal fight so understand that going in. You will need to prove that the move is best for the... View More
Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More
answered on Apr 22, 2024
When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More
The couple can't live together in the same house. Then the mother would like to go to another place with her daughter. But the husband says that what she's doing is called kidnapping. What can the mother do?
answered on Apr 22, 2024
If there are no existing divorce proceedings or custody agreements, the mother must secure consent from the other parent or obtain court approval before relocating. This process can become legally intricate, particularly if the other parent opposes the move. Consult a local family law attorney to... View More
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answered on Apr 19, 2024
It may be illegal to share an Alabama custody order in a Florida case where the clients are different if the Alabama custody order is considered confidential by law and a motion that will allow it to be presented as evidence before the Court has not been granted. However, if the foundation has... View More
I'm wary because its through email and it seems not to be a court order. Just told "oral depositions is a normal discovery procedure authorized by the Florida family rules of procedure. Your attendance at this deposition is mandatory. I am only giving you the courtesy of coordinating it... View More
answered on Apr 10, 2024
Because you are a party, you are required to appear for deposition when you receive a formal written Notice. Typically, her attorney would contact your attorney to discuss available dates for scheduling. If you do not have an attorney, her attorney would reach out to you for available dates, most... View More
I have been wanting to live with my mother again for years he lied about her and said that she was abusive and unstable when she wasnt and im happier with my mom but mentally broken with my dad is there a way i can go back to living with my mom?
answered on Apr 5, 2024
Presently residing with your father, there's a possibility of transitioning back to your mother's care. As a 15-year-old, your perspective carries considerable importance in custody matters. The emotional strain you endure provides a compelling basis for revising the current custody... View More
Is there any Florida case law, that states when a court suspends a parent’s timesharing that, they are not held to this statue and are not required to pay 100% child support to the other parent. This parent cannot exercise their timesharing because the courts suspended it, it's not that the... View More
answered on Mar 29, 2024
The short answer is NO. Although child support and timesharing are interrelated, a suspension of timesharing does not suspend a child support obligation. The financial obligation is ongoing pursuant to the court order unless and until it is changed. Speak with a local family lawyer for more... View More
My spouse and I reached an agreement in mediation. However, since then he has proceeded to recant almost all of the terms agreed to. My fear is that he will continue to do this to prolong the divorce process.
answered on Mar 22, 2024
If you reached an agreement at mediation that was reduced to writing and that you both signed then it is binding on both of you. If he is not following the terms then you can return to court to enforce the issue. If you reached an agreement but did not write it down and sign it then there is no... View More
Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More
answered on Feb 5, 2024
Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More
My daughter goes to her father’s every other weekend. Recently we found out that he gave her room to the new baby and now she is sleeping in the living room on the couch. Is this acceptable living standards for a 9 year old, per the court.
answered on Feb 5, 2024
The legal standard is what is in the best interests of the child. If this is the best solution for the father and the child is not suffering then you may just have to deal with it. There is no bright line rule regarding a situation like this. Speak with a local family lawyer for more specific... View More
answered on Jan 30, 2024
You do not say whether you are married or not. If the father is absent then you already have full custody. If you are looking for legal rights that you do not currently have then you need to go to court, either with a new case or a motion to modify an old case. Speak with a local family lawyer for... View More
I know there's no statue of limitations on when I can sue but they denied me due process and they trampled over a bunch of my rights & my child's rights and they lied about me in court & they used my child to get funds they gave me my 2 older children back & kept my baby &... View More
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answered on Jan 24, 2024
I’m truly sorry to hear about your situation. It sounds like you’ve been through a very difficult time. I can offer some general information that might help you understand the process of addressing your concerns with CPS.
To pursue legal action against Child Protective Services (CPS)... View More
Mom took minor kids from TN to PA for a job. Dad agreed, court order obtained. While in PA, mom took different job (paid way more) and moved to Maryland. A year later moved back to PA. Now mom’s company threatening to bring her back to TN (she’s been working remotely). Dad has moved to Florida... View More
answered on Jan 24, 2024
This question is answered based on Florida law. Each time a parent relocates they either need the other parent's agreement or they need to return to court. In your case, it sounds like you have acquiesced to some of the moves. You can return to court when you have issues with the other parent;... View More
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