We have a LDPP in place filed at the court house. BioMom wants to change it forcing me to pick up my son from school on Fridays instead of our current agreement of meeting halfway. They live 89 miles away from me (they moved before we filed the LDPP). Will a judge favor her choice? And can she... View More 
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answered on Apr 19, 2023
You raise two separate issues. As far as the exchange goes, if you previously agreed to meet halfway and have been doing that then the court will probably follow that arrangement. Child support is the right of the child under the law and cannot be waived by the parents. The court will address child... View More
She would like to come visit us out of state for a week can she take minor child without permission
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answered on Apr 9, 2023
As long as she is not relocating permanently and notifies the other parent that she will return in a week there should be no problem. She needs to read carefully any court orders that are currently in place to make sure that she is not violating any provisions. She should speak with a local family... View More
Reaching out to seek help regarding the termination of parental right of my daughter that happened in 2018 due to a medical malpractice that could be proven but because it’s past the statues of limitation couldn’t proceed to sue the hospital however I am in pursuit of trying to seek legal... View More
answered on Apr 6, 2023
Sorry to hear about your crisis. It is probable that the only way you would have any potential claim regarding wrongful acts by DCF employees is if the court adjudication that was adverse to you is vacated. You're basically saying you were maliciously prosecuted. (That term applies to any... View More
We live in Florida in mom's two bedroom and my wife says it's the law that he has his own room at 10. Currently we have one room to share, separate beds and I don't have any visitors to my mother's home. We have raised 2 very successful daughters, but since our divorce 2 years... View More
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answered on Mar 16, 2023
There is no law that says a 10 year old must have their own bedroom. The legal standard is "best interests of the child." As long as you can show that you have a safe and healthy environment for the child you are meeting your obligation. Speak with a local family lawyer for more specific advice.
the mother, my fiancé and I live in FL for 4 months now. The daughters father who has not seen her in over 2 yrs filed several motions and apparently already has an order for us to return to tn and give him child. Are cops going to show up at my door? Help. No extra money. Scared to death. She is... View More
answered on Mar 15, 2023
I am assuming from your question that there is a custody order that was either issued by a Tennessee court or was registered with Tennessee as a foreign judgment. I am assuming that the custody order gives the father certain visitation rights.
When you moved from Tennessee to Florida,... View More
answered on Mar 15, 2023
Yes. Assuming that no other court case was filed before now, jurisdiction would be in Tennessee, not Florida. The Uniform Child Custody and Jurisdiction Act (the law in both states) would require that the child has been in Florida for at least six months before exclusive jurisdiction would be in... View More
I am on my daughters birth certificate the mother and I are no longer on good terms but she wants to take her out of state without my consent.
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answered on Mar 7, 2023
If you have never been to court regarding the child then you need to file a petition for paternity. A paternity lawsuit will establish and protect your rights as the father. Issues like school and moving will be covered by "shared parental responsibility" which means that both parents... View More
And they're trying to suspend my license I have court tomorrow I filed today for another modification through the judicial court does that still buy me time to get back in court to show that I'm doing my part and they won't suspend my license
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answered on Feb 21, 2023
You are always able to motion the court to not suspend your driving privilege. The court wants you to work to earn money to pay the child support. Explain that you cannot work without your drivers license. As long as you can demonstrate that you are making your best efforts to work and pay your... View More
4 years ago my son’s grandparents tricked me into signing over temporary custody by extended family to them (and they live in a different state.)
They have recently moved to a yacht so I don’t have a physical address of my child. And they are also refusing to let me visit him. I want... View More
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answered on Jan 30, 2023
This response is only based on Florida law. You need to return to whatever court issued the order that the grandparents have custody. Whether by your agreement or not, you need to ask the court to change the order and return custody to you. The rest of your questions will resolve after you take... View More
My fiancé has 50-50 custody for his children he got divorced several years ago and this has been the ongoing situation since the separation. This year she quit her job of 20 years and has not seeked employment since. She is now looking to take my fiancé back to court and fight for full custody... View More
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answered on Jan 18, 2023
Timesharing and child support are modifiable until the children turn eighteen. To modify child support you have to show a change in the parent's income that was out of their control. If a parent just decides not to work the court will presume (impute) the income that they were earning.... View More
My sons father keeps him from me when he gets mad. This past time is because I forgot to text him. I just want legal paper on when each of us had our time with him.
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answered on Jan 11, 2023
If you are not married then you, as the mother, already have 100% control of the child. If you want something formal and legal then you need to file a petition for paternity. Through that process you will get a parenting plan which is a written agreement between the parents regarding all rights and... View More
I have 3 children who's mother lives in Michigan and me and my wife live in Florida. I've had the children for about 8yrs. Their mother wants them for the summer. We have not been through family court for any visitation but she has came to visit a couple of times in the last 8yrs. What... View More
answered on Jan 2, 2023
A notarized letter probably wouldn't make much difference were she to fail to return the children as agreed. I assume that the mother of the children and you were never married, or there would be something in the divorce decree about custody and visitation. It would be best if a court case... View More
I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... View More
answered on Dec 28, 2022
There is nothing a lawyer does that you cannot do for yourself; therefore, you may represent yourself in court. There are forms you can purchase at the courthouse or online. You may wish to also consider Googling form preparers who can assist you with filling out the forms, but they cannot provide... View More
I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... View More
answered on Dec 28, 2022
There is nothing a lawyer does that you cannot do for yourself; therefore, you may represent yourself in court. There are forms you can purchase at the courthouse or online. You may wish to also consider Googling form preparers who can assist you with filling out the forms, but they cannot provide... View More
I got divorced in 2019 in Florida. When we calculated child support I had zero overnights with my two children. I now have them about 1/3 of overnights. I also make more money than I did when I got divorced. I can't afford to pay a lawyer to help me with the modification. Our divorce was very... View More
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answered on Dec 28, 2022
There is no requirement for you to have a lawyer to file a modification. You will be expected to follow all of the rules that apply. If your situation continues to be contentious then expect it to be that way for the modification as well. Speak with a local family lawyer for more specific advice.
answered on Dec 27, 2022
Your parental rights cannot be taken from you unless you (A) are in a Circuit Court proceeding with the opportunity to contest it, and a court order is issued (which may be appealed), or (B) you voluntarily give up your rights in writing (for example, if you give your child up for adoption).
Child would like to try homeschool and I agree? Do we have to go before the judge to challenge her Mother to choose homeschool?
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answered on Dec 10, 2022
Assuming that you have shared parental responsibility, if the parents do not agree on schooling (education) then you must return to court and show why it is in the child's best interest to change schools. Speak with a local family lawyer for more specific advice.
answered on Dec 8, 2022
You have 20 days to file your Answer to the Petition once you are actually "served" by the process server. It is usually recommended that you also file a Counter-Petition to include your requests for timesharing with the children, alimony, child support, etc... to preserve your rights.
answered on Dec 9, 2022
As stated in the prior response, you have 20 calendar days to respond to the petition once you have been properly served. We also recommend that you file a counter petition along with your answer assuming there are not personal or subject matter jurisdiction issues (same goes for filing the... View More
Ex wife is controlling and now is making false claims of domestic violence and harassment while filing supplemental petition for relocation
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answered on Dec 7, 2022
You can file a motion for psychological testing of either parent if you can show that it is relevant to the issues before the court. This is not always easy to show. You also have to consider the expense involved. Are you willing to pay for the evaluations? Discuss these issues with a local family... View More
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