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Florida Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son mom won't to get child but my son doesn't live with her and she not making sure he goes to school
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 24, 2022

If there is a court-ordered parenting plan in place, you can file a motion for modification. If the mother is proved unfit to take care of the child, the court may grant you more time or sole parental responsibility. Talk with a family lawyer to know how best to proceed.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Q: I am 17, with my ged, form of income, and I live with my grandparents. I wanted to know if I could legally leave their-

care. My grandma has power of attorney over me. I live in florida and I dont know if I can but I really need to leave here.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 23, 2022

You can be legally emancipated by a court before the age of 18 if you can support yourself. You can show proof of sufficient income to cover your living expenses and daily necessities.

However, it is most practical if you sit with your legal guardians and obtain their permission.

1 Answer | Asked in Child Custody for Florida on
Q: I have majority custody of my kids. I got permission to move from FL to WV. Their father just moved from FL to SC.

He had agreed for us to relocate back to FL by Oct of this yr but moved to SC & now he’s saying I can not relocate the kids even though he already has an out of state parenting plan which he didn’t even keep them during his summer visit causing me to lose a good travel assignment. His... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 22, 2022

The law in Florida is that you can only address children's issues if one or both of the parents (or the children) live in Florida. It sounds like no one lives in Florida anymore so you would need to go to court where you or the other parent lives. Should you move back to Florida and live here... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son is scared to go to his dad. We have a court order, it is my sons dads today to have him.

My son told his dad he has a problem with the drinking at his dads, his dad told him there’s no drinking though. My son told him he doesn’t want to go to his house and his dad told him “to bad there’s a court order “

WE HAVE A PARENTING PLAN SORRY NOT A COURT ORDER.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 12, 2022

Do whatever it takes to encourage your child to maintain a relationship with his father. Inform your ex that his behavior affecting your son and try to work things out. If all efforts fail, consult with your attorney to determine the best way to proceed.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I ask a court to modify a already existing parenting plan
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 11, 2022

If both you and the other parent agree to the modification, you can speak with your respective lawyers and have them draft a new parenting plan that you can submit to the judge for approval.

If the other parent disagrees, you can file a petition for modification. You must convince the court...
Read more »

1 Answer | Asked in Child Custody for Florida on
Q: Father asking court for more time after custody being established?

Do I have to give him any extra time on visitation?

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 9, 2022

The standard in court is always what is in the best interests of the child. He will also need to show what has changed since the original agreement to support his request for more time. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Q: Hello can not afford a lawyer, He lives in New York and I live i live in Florida. How can I get divorced for free?

We have been separated not legally for about 10 years but i can afford a divorce. He can afford it but he has not filed for one. I have a pending child support order. I want to get divorced.

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 25, 2022

Contact your local legal aid society to see if you qualify for free legal help. You can also try your local bar association to see if they offer pro bono (free) services.

Good luck!

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Florida on
Q: Im pretty sure the documents are through the court originally. When the mother got a few years sentence.

The court ordered DNA when she wanted child support money. He is still not on birth certificate, but now 13 years later and his sentence is 40 years. His half sister found him in prison when their father died. Didn't even know of each other. Now she has hired him a lawyer in prison and he... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 21, 2022

If the father is in prison for 40 years then I am not sure that I understand your concern. Please speak to a local family lawyer that specializes in dependency for more specific advice.

1 Answer | Asked in Adoption and Child Custody for Florida on
Q: Hello, my husband and i were given legal guardianship. It is only notarized. How do i know if it is through the court?

The biological mother was in and out of jail throughout the minor childs life. The grandparents were given guardianship, since then the mother has passed , the minor child has lived with us 5 years now. Her parental father has been incarcerated her whole life. He got over a 40 year sentence. Now he... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 21, 2022

You need to look at whatever documents gave you guardianship. This is a specialized area of law. You should look for a consultation with a local attorney that does dependency. In general, the legal standard that the court follows is what is in the best interests of the child. It sounds like you are... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: If my mother has had temporary custody of my kids for the past 6 years, can she move without telling me where?

What can I do to find out what my rights are as the mother?

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 21, 2022

Step one is to look at the court order that gave your mother custody. That document should spell out your rights regarding the children and what you need to do, if anything, to have custody returned to you. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: If my mother has had temporary custody of my kids for the past 6 years, can she move without telling me where?

What can I do to find out what my rights are as the mother?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 21, 2022

What does the order granting custody to your mom say as to her ability to move the children? Contact a custody lawyer in your jurisdiction to specifically discuss your concerns and case.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: How to approach a divorce with wife when she has walked out on me and our kids won't hardly even speak to children

Has taken most of belongs from home. Has vehicle at know drug house and tag in my name. And says car has been towed. Lied to issue a temporary injunction on me. Is clearly on drugs. And a lot more that has happened

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jul 18, 2022

Can you locate your wife or not?

You can file for divorce by publication if you have exhausted all efforts to locate your wife. You must prove that you made genuine efforts to locate your wife but turned to be fruitless. Prepare a dissolution of marriage notice for publication and get it...
Read more »

2 Answers | Asked in Child Custody, Divorce, DUI / DWI and Family Law for Florida on
Q: Can a dui affect my case in a child custody battle during my divorce?

I was charged with a DUI offense in November of 2020. I had 2 minors in the car, which caused me to be charged with child endangerment. That charge was dropped because this was my first offense. I didn't have to serve any jail time, I did have my licensee suspended. I did my community service... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 12, 2022

Because the DUI involved minors in the car you will definitely have to convince the court that drinking is not a problem for you. Hopefully it was an isolated incident. It will not matter that the charge was dropped. The legal standard is what is in the best interests of the child. You can also... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Cancel Notice of Proceeding to Establish Administrative Support Order forms received from Florida Department of Revenue?

So my wife and I have been separated for two or so years. We still had a great relationship, just had to take care of our own issues before we would give the marriage another chance. The three children we have were living with her full time, but I also had them a decent amount of time as well. We... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 7, 2022

Your wife needs to notify the child support enforcement agency that you are together. This inquiry was probably triggered by the snap benefits.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can my 12 year old daughter decide to live with me the mother rather than her grandmother the father's mother?

We went to court and he got primary custody because it was in the middle of school year he now left to work out of state and left her with his mother to live .his wife did not want for her to stay in their home. My daughter does not want to be with grandmother and the school year is about to start... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jun 30, 2022

You can file a petition for modification as long as you prove it's for the child's best interest to live with you. Act the soonest.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Will a Florida Judge order my 13 year old daughter to be returned to her grandmother that lives in a retirement home?

My mother has custody however my mother surrendered my daughter to me in 2018 and decided to cut ties with us. she came back into our lives in 2020 only to create more problems for me. Now in nasty custody battle and we have a hearing for next week to see if my daughter would be returned to her... Read more »

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I really need more background on the case to get an understanding of the nature of the claims being made and the procedural history of that matter. Courts are almost always going to recognize the superiority of a parent over a non-parent. That being said, there are situations such as abuse ,... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: I need some answers on how I can get my child back. My child was taken because of domestic violence

My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I’m not sure if the injunction was a civil one, a DCF injunction or a criminal no contact order. It may be a combination of things. In any event, you need to file an action for dissolution of marriage or a paternity action. I would strongly suggest that you hire a qualified family law attorney to... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What controls can I place on a12-year-olds' cell phone given to him by his non-custodial mother?

My son has a smartphone that his mother gave to him without discussion with me. The phone has a lock code that his mother will not share with me and she has instructed the child to not share it with me. Our parenting agreement has no mention of cell phones to guide us. I have parental controls on... Read more »

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

This is a shared parenting issue and may possibly be addressed in your parenting plan under communications. If not it is still a shared parenting issue . You should consult with a qualified attorney to discuss the situation and give a good analysis as to how to proceed forward

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I am pro se in a child custody case, I don't know what paperwork I need to fill out as I am up against an actual lawyer.

Though I am getting my paralegal degree, I haven't reached family law and I'm scared I am going to lose my case and be placed on child support, and even lose my rights to my daughter. I am reaching out because I need help I'm just a full-time paralegal student mom and cashier who is... Read more »

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

You should go to the family law forms website and almost everything is there.

https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms?parentId=669505&sort=form/number%20asc,%20form/date%20desc&view=embed_custom&searchtype=form&limit=50&query=&offset=0

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I'm representing myself and need to know how to ask for Production of documents and request for admission.

I have a few documents I need from my ex, and 12 questions I want him to answer. In my county we have a printable interrogatories paper, but nothing for the other 2. Not sure how to ask for them, or if there is anything special I have to do. Can I just email my request to his lawyer, or do I have... Read more »

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

It’s a really bad idea to represent yourself. The first place you need to look is... Read more »

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