Lawyers, Answer Questions  & Get Points Log In
Florida Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My daughter recently had a baby with boyfriend who is now becoming vindictive. He has not paid a dime towards his son

She wants to move away to not deal with the drama he creates every day but is fearful he will get a lawyer to give him partial custody.He does not have a regular job.What are her options.She pays all the bills

Rand Scott Lieber
Rand Scott Lieber answered on Apr 1, 2022

Under Florida law, unless and until the father goes to court to establish his legal rights to the child (paternity) the mother can do whatever she likes, including moving. If and when the father does go to court he will be entitled to timesharing (partial custody) and he will have a fixed child... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: If my sister has temporary custody of my daughter, can she move her out of state without going through me

My sister got temporary custody about 4 years ago when I was in a coma in the hospital

Rand Scott Lieber
Rand Scott Lieber answered on Mar 28, 2022

You need to read carefully the legal papers that gave your sister custody. You probably need to return to court to reassert your parental rights. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have 50/50 custody of my 15 year old son. At what age can he legally decide not to have to go to other parents house?

His mother has refused to let him attend extra school events and take him to school to those events during week-end. She moved an hour and a half away from school. But as per child custody agreement he goes to school where I live. He doesn't like going to her house during school days. He says... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 23, 2022

A child never has the power to decide; however, as they get older their preference may be influential. It really depends on the judge. It sounds like you may need to go back to court on a motion for enforcement. Read your parenting plan carefully and speak with a local family lawyer for more... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: If a child is born and the parents are not married…one dies, does the remaining parent need to get legal custody
Rand Scott Lieber
Rand Scott Lieber answered on Mar 17, 2022

You do not say if both parents names are on the birth certificate. To be safe, the father should pursue a paternity action to establish his legal rights. If he does not then the mother has full control of what happens with the child. Speak to a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Q: How do I terminate permanent guardianship? Child is uncontrollable because birth mother is encouraging bad behavior! Etc

He’s bullying 93 yr old in home causing my 5yr old grandson I’ve adopted to break down. He’s refusing to do schoolwork stealing taking off etc. I’ve called many agencies only to get one offering referral for counseling. This child needs a one on one situation that I can’t provide. I’m... Read more »

Michael Ferrin
Michael Ferrin answered on Mar 14, 2022

You would need to file a motion to terminate the guardianship. I would highly recommend that you contact an attorney to assist you if this is what you want to do. If you can, it would be best if you could find someone else to take over the guardianship of the child and that way you can file a... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Florida on
Q: Did my lawyer have conflict of interest against my x who stated in court that they have been good friends last 10 yrs?

We went to court twice. My lawyer called my x into the hall to talk before he even acknowledged me both times. Permanent DVI hearing, my lawyer has nothing of mine to present to the judge. No pics of all the bruises, no police rpts, nothing. My Permanent DVI was denied. CPS requested emergency... Read more »

Michael Ferrin
Michael Ferrin answered on Mar 13, 2022

The Florida Bar has an ethics hotline that you can contact anonymously and ask if there was a conflict of interest. Just google Florida Bar Ethics Hotline and you should be able to find it.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Do I have to stay with my aunt until I am 21 or go back to my grandparents in Puerto Rico until I’m 21?

My mom left Puerto Rico when I was three months old. I’ve lived in the United States my whole life. My mom passed away when I was 17. I live in Florida by the way. My grandparents signed me over to my aunt. I tried to leave the house now that I am 18 but my aunt said that she has legal custody... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 11, 2022

Your aunt is mistaken. The age of majority in Florida is 18, so she can't make you go to Puerto Rico or make you do anything else.

View More Answers

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Hello, my question is how would I go about obtaining guardianship over my nephew since his legal guardian passed away?

My nephew is 17 years old and my mother was his legal guardian, she passed away last year. My husband and I have actually been taking care of him since 2018, but we just never had the guardianship transferred to us. Now we are unable to take him to the doctor or anything because we are not his... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 11, 2022

Fastest? Hire an attorney; that's what attorneys are for. If you want to do it yourself, that can be done, but you obviously can make some mistakes.

View More Answers

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How do the 20 days to respond to a summons consist of? My case is a child custody by third party non-parent(grandparent)

My grandsons dad and my daughter got served on February 15th. The summons says they have 20 days to reply. I am wondering how the court counts 20 days if the weekends are counted or not. According to my sum the last day would be today. The father has a warrant for his arrest in another state for... Read more »

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

The twenty days includes weekends but the final day must be a weekday so if day twenty is a Saturday Sunday or holiday the the next business day would be the final day. After the twenty days passes you can move for a default judgment against the parties that were served. Because children are... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is it possible for me to pursue sole custody if the other parent has been convicted of attempted murder?

I opened a case for child support shortly after my child was born. I have experienced abuse during and after the pregancy from the father. I have ask him to leave multiple times he has left however continues to threaten me that he is going to get half custody of our child. I did not know he had a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 3, 2022

He has merely threatened to sue you? Until he does, he doesn't have any rights regarding child custody. And IF he does, a likely prison sentence would obviously prevent him from exercising visitation, at least until he is released. It's not clear what you are worried about.

View More Answers

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Is Florida's child support system different from Alabamas
Rand Scott Lieber
Rand Scott Lieber answered on Mar 2, 2022

Child support calculation is unique to every state. However, child support enforcement is the same or similar in every state.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I have 50/50 custody of my son and would like to travel, but mother saying we can't.

We have a official court parenting agreement that has verbiage that says no parent should impede. She is using the excuse of covid. can I override that?

Rand Scott Lieber
Rand Scott Lieber answered on Mar 1, 2022

You are allowed to travel during your timesharing unless the parenting plan says otherwise. If you cannot agree and you need something from the other parent then your recourse is to go to court.

1 Answer | Asked in Criminal Law, Child Custody and Child Support for Florida on
Q: How much jail time can a first time offender receive if charged and convicted?

My ex just walked up into my home put his hands on me,, then proceeded to drag my daughter from her room. He was arrested and charged with burglary of an occupied dwelling with assault and battery, a first degree felony, he took off with my phone, so he was charged with petty theft and also charged... Read more »

Jeffrey H. Garland
Jeffrey H. Garland answered on Feb 26, 2022

Burglary of a dwelling with an assault is punishable by life imprisonment. That’s the maximum potential sentence. This burglary charge would “drive” the sentencing. Also, this burglary is a violent crime of special concern. As the victim you should consult with the prosecutor and/or victim... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Ok so I was in rehab and appointed my aunt temporary power of attorney over my 3 kids. And right before Christmas

Dropped my oldest daughter off with the biological father without my consent and never picked her up, now here's the thing when I had her. I was married and my husband is on her birth certificate so does the biological father have any rights? I have full custody of my kids I had an original... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 26, 2022

As I understand what you have written, the child was born to you while you were married to your late husband. Without your permission, your aunt left the child with her biological father. If he doesn't have a court order determining that he is the father, the law presumes that your... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: If i have to move out of Florida where my daughter resides and my ex husband has primary custody what should i do

Fight for full or sign over rights like he wants

Rand Scott Lieber
Rand Scott Lieber answered on Feb 23, 2022

Rather than custody, think about it as timesharing. Just because you move away does not automatically mean that you get no time with the child. What you need is a long distance parenting plan that specifies when each parent has time with the child. One common arrangement when a parent moves away is... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Timeshare question related to child custody in Florida

I currently have a temporary court order while we wait for a final trial. The judge laid out Thanksgiving and XMAS, but left out Spring Break. The mother had Spring Break last year and I have it this year. (Yes, we've been waiting almost 2 years for a final hearing).

The issue at hand... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Feb 23, 2022

At this point you should follow the court order, meaning that you have three weeks in a row. In your final parenting plan, either court ordered or agreed to, you can include a clause that addresses a situation like this. There is no "standard" plan as every situation is different.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How can I get primary physical custody rights?

My son has been living with his father since 2 and he's 6 now . I'm moving from FL to NC in April .

Michael Ferrin
Michael Ferrin answered on Feb 14, 2022

We need alot more information to answer your question such as....what city and state does the father reside in? What has been the timesharing thus far?

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Can someone in the care of an unrelated child for 2 years sue when biological parent returns to claim the child?

My child has been staying with an unrelated caregiver for a couple of years now. I wish to go pick the child up. No court documents have been filed and everything is still in my name. Can the person caring for the child retaliate in some way even though they have no legal rights to the child?

Rand Scott Lieber
Rand Scott Lieber answered on Feb 14, 2022

This is a complicated legal issue that you should discuss directly with a local family/ adoption attorney. If they are living in a different state then that other state's laws may apply as well.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Ok. So what if the same DCF worker/investigator and her supervisor both no longer work there what am I supposed to do
Michael  Mayoral
Michael Mayoral answered on Feb 10, 2022

Contact their office, provide the relevant case number, and ask who is in charge of handling the matter now. They should just appoint a new DCF worker and supervisor to handle it.

1 Answer | Asked in Child Custody for Florida on
Q: If 2 parties agree to wait 9 months before introducing their children to someone new, should they put it writing?

Can it be notarized?

Rand Scott Lieber
Rand Scott Lieber answered on Feb 10, 2022

Yes you can put something like this in writing. However, it is nearly impossible to enforce. The reality is that you will both be on the honor system.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.