Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If my case was just closed and i want to file to reopen it can I do it pro se or am I still technically represented

I had a lawyer for the case but want to proceed pro se. If the case is closed can I just continue pro se. Do I need to ask attorney to withdraw or can I file a motion for substitution of counsel stating that I am now representing myself

Destardes Moore
PREMIUM
Destardes Moore
answered on Aug 7, 2024

If your case has been closed, you can reopen it without retaining an attorney for the new issue. You would file your document with the clerk of court pro se, and a motion for substitution would not be necessary.

1 Answer | Asked in Child Custody for Florida on
Q: if i want to continue my case pro se does my lawyer have to submit a motion to withdraw or is there a motion i can file
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2024

In theory, you could draft and submit such a motion. It would be signed by you and your attorney. But the attorney knows how to submit such motion a lot better than you do.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Do I have to let our child leave with his father if he won’t share his new address which is required within 24hrs?

Our child in this case is 9. The father and I share 50/50 custody, rotating time sharing weekly. For summer we each get about 3 weeks uninterrupted time. Tomorrow, the 22nd is supposed to be the start of the father’s 3 week summer time sharing. I got word from his wife on Friday that he was asked... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 22, 2024

If you "got word from his wife on Friday that he ... moved all of his stuff out and into a [friend's] house", isn't it clear to you that he now lives in the friend's house? If you are in doubt, ask his wife for clarification.

1 Answer | Asked in Child Custody for Florida on
Q: what can do if i was ordered time sharing and the o/party has not completed steps to begin time sharing in over 6 months

court ordered time sharing temporarily for 6 months , but other party has not completed steps for orientation thus meaning i haven't seen the child in the time that was ordered ( 6 months ) , made by the judge , its been over 6 months and the other party has not followed steps to begin the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 16, 2024

If the other party is not doing what they are supposed to do then you need to return to court and ask the judge for help. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Am I required to meet my live in boyfriends ex girlfriend with whom they share a child?

My boyfriend has residential custody of his son for the past 10yrs. Ex gf is now suing for custody & noted that my boyfriend refuses to let her meet me, this is false. Am I required by law to meet her? We live together but I have no desire to meet her as she has showed up uninvited and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 11, 2024

No, you are not required to meet her. But your refusal to do so might adversely affect your boyfriend's custody case.

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Florida on
Q: How likely is it my kids would be taken if the abuse in the home was reported?

I live in an abusive home. I moved in with my grandparents in 2018 at the push of my grandmother. My grandmother adopted my sister for the money she gets, she tells she is going to leave her with me because she didn't sign up for the responsibility only the money. She calls her names, is... View More

Michael Ferrin
Michael Ferrin
answered on May 18, 2024

It sounds like you need to try and move out of the home and get away from the toxic environment. If you believe that a child is being abused, abandoned, or neglected, you should contact the department of children and families.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: I’m currently unemployed and I have to upload a financial affidavit before court date . How would I fill it out?
Rand Scott Lieber
Rand Scott Lieber
answered on May 15, 2024

There is space to indicate that you are unemployed. On the affidavit or in court you will be asked what efforts you are making to find a job. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: My kids mother is remarried, does his income count as her income?

We have been separated for 5 years now. She is remarried and has another child with her husband. She does not work and stays home with all the kids and homeschools them. Her husband makes approximately double what I make, and they live a lavish lifestyle, yet I send her money each week. This is a... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 30, 2024

A new spouse’s income doesn’t count for child support. You need to go to court for a formal parenting plan if you don’t have one. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody for Florida on
Q: This if for a child support modification case (after 14 years). What should I respond to this email with regarding ..

Last Friday was day 45 when all mandatory disclosure and financial affidavits were due to be turned in / delivered by mail. We still have not received them. We found a motion to compel but it says you must attempt by contacting party/attorney to get the documents before filing the motion. We sent... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 17, 2024

Ask the attorney for a specific date for compliance. If they will not agree or if it is too far out then file the motion to compel. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Florida on
Q: To what extent will it hurt my case if I have dv records (1)from my current wife that were dropped ??

.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 6, 2024

If it goes to trial, you will need to have witnesses to the DV incident or incidents, Records from cases that was dismissed are hearsay and therefore not admissible.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: My sons father relocated our son in violation of a temporary custody and status quo order and FS 61.13001, what do I do?
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 21, 2024

You need to file a Motion to Enforce to notify the judge that an order has been violated. Then you need to request a hearing on that motion. Speak with a local family lawyer for more specific advice.

View More Answers

1 Answer | Asked in Child Custody for Florida on
Q: My mom had temporary custody by extended family and she passed away can I go get my kids
Rand Scott Lieber
Rand Scott Lieber
answered on Feb 22, 2024

You may be able to get your children but you must first return to the court that issued the order giving your mother custody. The change is not automatic. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Do I have to have a separate room for my daughter in order to win custody. Currently temp time share. Want sleepovers.

I have a 4 year old daughter. I am currently going threw a divorce. my Divorce lawyer tells me that I have to get my own place. I live with my brother and I have my own room. I am on the lease now. I told my DL that I can give my daughter my room and I can set up the livingroom for myself. So it... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

You should believe what your attorney tells you; or get another attorney.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: What’s next after petitioner denies my counter petition?

Petitioner filed for dissolution of marriage. Respondent answered and filed a counter petition. Petitioner answered with a general denial. What is next?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 5, 2024

Next is the exchange of mandatory disclosure. Read family rule 12.285 for the list of what is required. After the parties exchange the discovery (documents) then the court will probably order you to participate in mediation. Speak with a local family lawyer for more specific advice

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: What do we do about residency and time-sharing while we are in the middle of a divorce?

My spouse served me with divorce papers after I put a temporary injunction on them. Currently I am occupying the marital home and have full time-sharing/custody of the children (due to temporary injunction). If I voluntarily dismiss the temporary injunction, will my spouse be able to come/go from... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 2, 2024

You need to address these issues with the judge that is handling your divorce case. If there are no court orders to the contrary than you continue to share the children and the house. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody and Government Contracts for Florida on
Q: What type of lawyer would I need if I'm dealing with a closed CPI/ DCF case in regards to getting my daughter back.
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 29, 2024

A family lawyer that handles or specializes in dependency cases.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Does Mom of a 6 m/o baby have to send baby for weekend with her Dad and girlfriend after g/f endangered infant 3 times?

My son and his ex (never married) have a 6 month old daughter. Mother and baby live with me still, but Dad moved out months ago and rarely comes by now. His new girlfriend has endangered the infant 3 times now (first time was at 4 months old) and Mom is terrified as Dad demands the baby this... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 5, 2024

Until the parties have been to court on a paternity action the mother has full control of custody. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: We're moving back to city/state where my son's Dad lives, but he's never met him/been involved. Do I have to tell him?

When I was pregnant with our son, my (now ex) husband went to prison in OR. Once he was born, I moved in with family in FL. Upon my ex's release, he had an affair, so I filed for divorce. He was granted conditional video visitation to start with, since he's never met our son. This was... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 2, 2024

You need to start with the court order that addressed custody from your divorce. Was that in Florida or Oregon? Next, speak with a family lawyer in that jurisdiction who can advise you more specifically on your rights and obligations.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Hi, my ex is trying to move out of state with my son, we were never married or had any custody aggreements. What to do?
Rand Scott Lieber
Rand Scott Lieber
answered on Dec 29, 2023

Unless and until the father goes to court with a paternity case the mother is in full control of the child by default. Once in court, the movements of the child can be restricted by the court. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Mother & father have 50/50 custody in Florida. Mother took child out of state w/out father's permission, hasn't returned

Father told the mother he did not approve of his child being taken out of state to go to California without his permission. Child is 5 years old. Mother got out of a DUI 2 nights before leaving the state abruptly. During the DUI investigation she had 2 kids under age of 5 in their car seats and she... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 13, 2023

You need to return to the court that issued the timesharing order (parenting plan). File a motion for enforcement/ contempt and ask for the children to be returned to Florida. You may also be able to pursue a pick up order. Because these issues can be fact specific and complex speak with a local... View More

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.