Get free answers to your Child Custody legal questions from lawyers in your area.
answered on Oct 31, 2020
In general, if I had a minor child, yes, I could take the child out of state without telling your husband. You might want to repost your question with more pertinent details. Are the parents of the child married, divorced, or what? Is there a custody lawsuit pending? Has a custody order been... View More
answered on Oct 27, 2020
Generally, the Texas courts would retain exclusive jurisdiction over any modification, unless it is determined that the Florida court would be a more convenient forum. See the Uniform Child Custody Jurisdiction and Enforcement Act, which is the law in both jurisdictions:... View More
I am still legally married to my husband but we have been separated for a year and both have new lives. I am currently pregnant with my boyfriends child but because my soon to be ex husband is so spiteful he is trying to claim paternity of the unborn child through “marriage” and force me to... View More
answered on Oct 26, 2020
The law presumes that a baby born to a wife is the child of the husband. So yes, he can make that claim. Request a DNA test.
Are both parents still obligated to follow the time sharing order even though this is based upon the parent and child living in another state?
answered on Oct 14, 2020
Typically, if you are returning to where the other parent resides, the other parent is likely to agree with the relocation. Otherwise, you are supposed to follow the relocation laws of your state to obtain permission to move. If the relocation happens by agreement, you and the other parent can... View More
I’m afraid for the safety of all children in the home while parents are away every weekend and coming home drunk. One of the children being looked after is handicapped. On occasion they can leave all of them home alone without adult supervision for up to 12 hours.
answered on Oct 12, 2020
Report this behavior to Child Protective Services at the Department of Children & Family Services in Tallahassee. Google it.
The temporary guardianship by extended family members has been filed in court but we still haven't been to court yet to finalize anything. DCF closed my case after I filed the temporary guardianship form.
answered on Oct 6, 2020
Probably, if it's all right with your father (the guardian and grandfather of your son) and there is no court order in place.
answered on Sep 21, 2020
If you were never married, the mother has full timesharing (custody) rights to the child until the father goes to court on a paternity action. An administrative order that determined paternity and established child support does not automatically address timesharing (custody). The father's name... View More
and I have proof that he makes more than what he is telling such as photos with large amounts of money and messages of him admitting he has more also I feel that visitation should be revoke bc of the welfare of my boys I have multiple threat messages and him neglecting them in messages what should... View More
answered on Sep 17, 2020
You need to file something with the court asking for what you want. If you want to increase child support or reduce timesharing then it is a modification. If you want to enforce something then it is a motion for enforcement.
It says:
"Exhibits should not be filed with the court, however, must be delivered to the opposing party at the time of delivery of the Pretrial Statement."
But you're supposed to attach to the Pretrial Statement:
4. "Copies of all photographs, exhibits... View More
answered on Sep 16, 2020
Yes, you are right: the standing order seems to contradict itself. I think what it means is that you don't attach THE ORIGINALS, but you should attach copies (to the one you file, as well as to the copy of the pretrial statement you give to the other party).
Written... View More
Standing Family Law
16. DISCOVERY
... If one Party requests the deposition of a witness listed in the Pretrial Statement and the other party does not cooperate in scheduling the same, the Court shall consider any sanctions, including excluding the witness. ...
Does that mean... View More
answered on Sep 16, 2020
No, that's not what it means. A deposition is the taking of testimony of a potential witness OUT OF COURT. If they were to want to do that, the quoted language means that you should cooperate. In your case, apparently the other party intends to call witness to the IN COURT hearing. If your... View More
My wife's little sister came to see us. After staying a little over a week, my wife flew out Saturday to take her back. This time she took our kids too so that they can see their grandma. She said they have tickets to come back Monday so my daughter only misses one day of school and rhwy can... View More
answered on Sep 13, 2020
The courts here in Florida have exclusive jurisdiction over the children's' custody for the next six months. So if you wife were to sue for divorce including custody she couldn't sue in whichever state she took the kids to.
Mom is threating her from prison I have temp custody and have had her 8 years. She wants to move her and she dosent want to leave. How do I protect her?
answered on Sep 12, 2020
If your Temporary Custody Order states that it is in effect until further Order of the Court than the Mother cannot take the child without violating the Order. If she does take her then you can file an Emergency Motion with the Court requesting that she return the child to you. Depending on the... View More
per his passport, he is self employed, teaching English to Thai online, with his LLC and moved out of country from 11/2017-06/2020. He has been back and forth maybe 4 times, for a short visit.( I am filing for modification of custody), but he also collects SSDI for my son, who is DS and I pay child... View More
answered on Sep 4, 2020
What do you believe he did to defraud Social Security and the State of Florida? A custodial parent can hire someone to look after the child; so he could in theory also leave your son with his parents, although the court may well hold it against him in deciding your motion to modify custody.
My son is 16 years old and lived with me for 4 years before moving back to his mother's in June 2019. His mother cut communication off between us in April.He was arrested in August and is due to be released from JDC next week. He has stated that he was homeless for two months after leaving his... View More
answered on Sep 4, 2020
Your son is a juvenile and cannot be allowed to roam the streets of Florida alone. If neither parent will step up and take full responsibility for your son, then he becomes what they call "a lockout." Once that happens the State of Florida, Department of Children & Families will take... View More
CPS skipped over family and placed toddlers in foster care. Even though they knew there were willing and able family members; especially the grandparents who have a very close relationship with the children. The aunt does not; she barely knows them. However, on June 8, 2020 when the Judge... View More
answered on Aug 28, 2020
1. These unfortunate intra-family squabbles may never cease because of the feisty angry nature of most non-parents.
4. Using all the buzz words like "in the children's best interests" and "the aunt is money-motivated" and "there is no relationship between... View More
While we have no court-ordered parenting plan, we've been operating on agreements for the rotation of our child. Our latest agreement, in writing, was a 2-week rotation. She suggested a 2-month rotation, which I rejected in writing.
In keeping with the 2-week rotation, I've... View More
answered on Aug 27, 2020
No, I doubt a sheriff or other law enforcement officer will assist you without a court order.
I was not informed of the proceedings in February, he was awarded sole custody by a majistrate, last week i was granted a retrial, does he maintain sole custody now or does it defer to the agreement signed by a judge on 8/20?
answered on Aug 25, 2020
This depends on what the order for the retrial state. If the order was set aside, then the prior court order applies. If the retrial order did not set aside the last custody order, then you are still under that order.
You really need to have an attorney assist you in evaluating all of your... View More
i have notarized letters stating that i'm paying voluntary child support. what options do i have as far as seeking joint custody. are there any florida statues that i can look into to inform myself about my legal rights. do i have any legal rights at this time?
answered on Aug 20, 2020
You should definitely consult with and retain a family law attorney. Most JUSTIA attorneys offer a free initial consultation. Contact one of us and let us know that you found us on JUSTIA. Good luck.
Sincerely,
B. Elaine Jones, Esq.
He lives in Colorado, I live in Florida, our case jurisdiction falls in Colorado. He has decision making. But he wouldn’t be going with the kids. Him and his fiancé were kicked out so they sent our 2 kids and their 1 child to live with his parents in Kansas for the school year.
answered on Aug 19, 2020
I'm pretty sure the courts in Colorado would not be ok with him sending the children to live with third parties over a parent. Unfortunately, you will have to get an attorney in COlorado to assist you since I'm assuming that is the home state of the children for the last six months.
Good luck!
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