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Florida Child Custody Questions & Answers
1 Answer | Asked in Adoption and Child Custody for Florida on
Q: Since his time sharing petition was opened first does that override the step parent adoption.

My ex petitioned the court for time sharing at the end of Jan/Feb 2020 (to avoid child support in my opinion) in March of 2020 my husband and I petitioned the court for TPR and Step Parent adoption (Ex hasn’t seen child in 5 years and the child is 6yrs old) In Aug 2020 our petition was granted... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 22, 2021

If the TPR and adoption have already been granted then you need to provide that final order to the court that is addressing the timesharing issue. You should speak with a local family lawyer to make sure that it is handled properly.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I’m 17 and I have a full time job, want to move out, what’s the process?
Shiobhan Olivero
Shiobhan Olivero
answered on Mar 30, 2021

The question I ask back is - when are you going to turn 18? You can hire someone to file a petition for emancipation so that you can emancipate and live on your own as a minor --- if you meet all of the requirements of the law. However, the process is not a quick one. So, if you are going to turn... View More

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1 Answer | Asked in Divorce and Child Custody for Florida on
Q: What is the procedure of getting custody of my 15 yr old daughter who's in custody of her mother.

Also is there an opportunity to submit a request for my daughter to express her desire where to live.

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 18, 2021

You do not mention what the current legal status is. If you were never married then you either need to file an action for paternity or if that was done in the past then a petition for modification of timesharing. Florida recognizes timesharing so one way or another you are going to share the child... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Florida on
Q: MY children and I lived in Florida and the inlaws took them to TN and refused to return. Do I need a FL or Tn lawyer?

Is there any way to get the case brought to Fl? If so how? How do I know what lawyer to get? They are trying to adopt them and I want my babies back home asap!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2021

If the children have been out of Florida for less than six months, you would sue in Florida for custody. It is unclear what in-laws took them to Tennessee and are trying to adopt them; the parents of the children's other parent?

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Family Foster children have been with us for a year, now they want to remove them due to my husband's background.

6 nieces and nephews of my husband's were placed with us as family foster due to emergency removal from their home.

We underwent background checks, drug tests and a home study and everything was approved with no issues for a year. We got the phone call that they now want to remove all... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 11, 2021

As much as I feel saddened by your current situation, having worked as a supervising lawyer for Florida Department of Children & Families--longer than I wanted to--I feel compelled to point out that DCF does NOT EVER upset any families in the manner described by you for NO reason. Hire a Family... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How do I file for my daughters dad to sign over his rights.

Hes been absent for 5 years.

He’s been in and out of jail and is currently going to prison for 15 years for drugs. What can I do to get him to sign his rights over. My husband would like to adopt her.

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

Your husband would file to adopt and notice would need to be served on the child's biological father.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: what do i need to do so that my husband and I can legally raise my best friends baby while her and the dad are in prison
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 4, 2021

Both parents need to sign a temporary guardianship agreement designating you as the guardian for the child. Speak to a local family lawyer who can help you with this legal document.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What is the process when ex wife filed an emergency motion for full custody?
Vanessa Vasquez de Lara
PREMIUM
Vanessa Vasquez de Lara
answered on Feb 28, 2021

You need to file a response to the motion and make sure that the court has your most up-to-date contact information so that you will be noticed if there is a hearing on her motion. Just because she said it in a motion doesn't make it true, but if the court thinks there's an emergency they... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: how do I get free legal aid for divorce and custody?
Rand Scott Lieber
Rand Scott Lieber
answered on Feb 24, 2021

Look for a legal aid office or agency in your local community. You can also check with your local clerk of court for information.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can a 16 year old make a decision on where he wants to live??

We recently took in our nephew and he has been with us for about 3 months now. His grandmother has custody and has given us permission to take him. He would like to make it more permanent but is afraid his grams will reject the idea. What should we do?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 19, 2021

A 16 year old can express a preference but ultimately it is up to the court that granted grandma custody to approve the change. You may have an uphill battle if grandma opposes the change.

1 Answer | Asked in Child Custody for Florida on
Q: Me and my wife were married she got pregnant by another man and his name is on the birth certificate am I the legal fat

Father? I have been raising him and love him! Am I the legal father?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 17, 2021

Yes, you are the legal father with all of the rights and responsibilities.

1 Answer | Asked in Child Custody for Florida on
Q: How do I get court upheld time with my child when I have moved out of state without permission?
Rand Scott Lieber
Rand Scott Lieber
answered on Feb 15, 2021

I am assuming that you are asking about Florida law. You do not say whether you moved with the child. If the child and other parent are in Florida then you need to file a Petition for Modification. In that document you can ask for time that works long distance. By the way, as long as you did not... View More

2 Answers | Asked in Child Custody for Florida on
Q: Once my son turns 18, can he move wherever he wants even though he has one more year in High School?

Currently living in Florida. My ex-wife has custody of my 17-year-old son. I have him every other weekend and for several weeks in the summer. With his mother’s permission, this summer I am taking him to Washington State to build a house. I will be getting married and moving there. Before he... View More

Vanessa Vasquez de Lara
PREMIUM
Vanessa Vasquez de Lara
answered on Feb 10, 2021

Once your son turns 18 the court can no longer make a custody determination as he is an adult who can choose where to live.

Good luck.

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1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: I told my wife I was going to let DCF know she violated her case plan so she put a injunction as well divorce paper on

Me. I told DCF that wife me and son were at her house. Not allowed. DCF don't believe me and took my visits due to injunction. I have gps location history that will match up with days foster mom brought son to wife. This will prove wife is lieng on injunction for retaliation because DCF... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 2, 2021

Your options "r" to re-write your question so that someone can understand it. Either that, or speak with an attorney.

1 Answer | Asked in Child Custody for Florida on
Q: Mom going to jail the father of the baby is 17 yrs old who gets custody
Rand Scott Lieber
Rand Scott Lieber
answered on Feb 1, 2021

The father needs to go to court to establish his paternity rights. Otherwise the mother can designate who will care for the child.

1 Answer | Asked in Child Custody and Criminal Law for Florida on
Q: My friend legally purchased but did not register a gun and it was found by police in the room she and her Bf share.

He is a felon and took the charge because she has a pending DCF case. If she goes back and takes the charge, having no priors, is it possible she would just get probation and not jail time?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 30, 2021

What would the charge be, failure to register a firearm? To my knowledge, Florida doesn't require registration, the boyfriend could be charged with being a felon in possession, but I don't think there is any charge she could "take".

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Husband has seen child 8 times in 20 months. Does he still have all his legal custody Rights?

I left my husband 7/13/19 with my 18 month old son. Since then he has seen our son 8 times. The last time he saw him was 10 months ago. I can't afford a lawyer to get divorced right now.. I It's been 10mo.. if he (miraculously) asks to see him now.. does every law still apply as if he has... View More

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Jan 29, 2021

Your husband is the legal father of your son. Without a court order, there is no losing his parental rights. If he showed up today to see him, he would have the right to do so. In order to minimize or take away any of his rights, you would have to file for the divorce and make enough allegations... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Due to Covid I might not be able to live in my rented home, or home town.

In our family plan, it says it I cannot move more than 50 miles away. But he has moved over three times always in the 50 miles further and further. We’re almost at the furthest point we can be. I currently live in Miami I would like to move to Fort Lauderdale or maybe even south somewhere where... View More

Vanessa Vasquez de Lara
PREMIUM
Vanessa Vasquez de Lara
answered on Jan 29, 2021

Relocations are moving more than 50 miles from where you lived at the time that the parenting plan was entered. The move is not 50 miles from the Father. This could lead you both to living up to 99.9 miles from each other if you each move almost 50 miles from the original family home. This could... View More

1 Answer | Asked in Adoption, Child Custody and Domestic Violence for Florida on
Q: I have a child from an unmarried relationship and my husband and I would like for him to be able to adopt her.

The father on the birth certificate has not seen her since her first birthday. Has not provided any financial support since her birth and only tries to contact me on her birthday every year and she is now five. He is already involved in another custody case with his wife who is trying to get a... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 21, 2021

You must address the biological father's rights one way or another. The easier way id for the bio father to consent to the adoption. The more difficult way is for you to go to court to terminate bio father's parental rights. One of those two things must happen to facilitate the adoption... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and International Law for Florida on
Q: I NEED HELP WITH AN INTERNATIONAL DIVORCE

MY WIFE WENT BACK TO GERMANY AND TOOK OUR SON. OUR SON WAS BORN IN GERMANY AND HAS DUAL CITIZENSHIP. MY WIFE IS A GERMAN CITIZEN. WE WERE MARRIED IN THE UNITED STATES AND HAVE BEEN MARRIED LESS THAN 7 YEARS. HOW DO I GET A DIVORCE? SHE IS TRYING TO SUE ME FROM GERMANY FOR SPOUSAL SUPPORT... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 19, 2021

To get a divorce, you need an attorney here in Florida, who can consult with an attorney in Germany about the German laws. The German lawyer can better advise you about the law in Germany and which jurisdiction would more likely award an enforceable custody decree. It's a complex matter of... View More

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