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Florida Child Custody Questions & Answers
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.

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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
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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
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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.

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: I’m married to a narcissistic, bipolar man who has emotionally broken me down. How can I get full custody of our 4 yo

I’m afraid of leaving/divorcing because there’s no way I trust him to have custody of our child. I know what he’s like with his own 2 and I’m looking out for my child’s best interest. There are is no legal involvement at all

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 10, 2022

Unfortunately, with the exception of the possibility that your abusive spouse either has an epiphany or goes to prison or you divorce him, there is no lawful way for you to "get full custody" of his child.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Isn't Florida a mother state?

If the father to my two youngest kids went to court for full custody of my middle daughter but I was never made aware of the court dates or hearings and I was never served any kind of paperwork and I never signed anything did I actually lose my parental rights over her or? I mean I just need this... Read more »

Michael Ferrin
Michael Ferrin
answered on Feb 9, 2022

I would highly recommend that you contact an attorney to discuss your case in more detail. You may be able to have the final judgement set aside if your due process rights were violated. Make sure to understand that some of your options are time sensitive so you need to act on this immediately.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What if there was an open dcf investigation but as far as the person is aware no court hearings or anything? What then?

I have been fully committed to the investigation that was open against me as far as I know there were not court hearings, no custody hearings nothing. I've searched online court records I've contacted DCF for the paperwork they have and still no paperwork except for the investigation... Read more »

Michael Ferrin
Michael Ferrin
answered on Feb 9, 2022

Stay in contact with the case worker or investigator that was working on your case. If DCF does anything through the court it is done in a Dependency Action and you would not be able to find the information on the clerks website as these cases are confidential. If you wanted to get information on a... Read more »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: I need legal advice on custody and what to do against an abuser

I moved from the state of NY with my 4 month old to FL to live with my parents. I ran away from an abusive relationship and needed to leave. I change Babies pediatrician and transferred all our benefits and address. My ex is a drug abuser, mentally and physically abusive and I never called the cops... Read more »

Michael Ferrin
Michael Ferrin
answered on Feb 14, 2022

In order to do anything here in Florida regarding custody, you need to have resided in Florida for at least 6 months with your child. Based on your details, it appears that NY currently has jurisdiction until you have met the residency requirements in Florida. Once you have met the residency... Read more »

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1 Answer | Asked in Child Custody for Florida on
Q: I have a old custody ruling in California. We all live in Florida. The kids have lived there now for years.

Do I file for a new one in Florida or do I have to have to go through California do it?

Michael Ferrin
Michael Ferrin
answered on Feb 3, 2022

If all of you, including the kids, now reside in Florida and you have all lived here for more than 6 months you can ask the court to domesticate your California order to either enforce it or modify it in Florida. If the opposing party still resides in California or the kids still live in... Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: My divorce papers state that I’m supposed to have my two kids every other weekend and Thursdays

However they have not come to my house for two years one will be 18 January 15 and one will be 16 on Feb 14. Prior to that the ex never followed the parenting plan and I took her for contempt and the court did not enforce it. Now she has ask department of revenue and Florida to do a declaration... Read more »

Michael Ferrin
Michael Ferrin
answered on Feb 3, 2022

Ideally, when the mother started denying you contact you should have filed a motion for contempt and sought make up timesharing and sanctions for her actions. Being this has gone on for two years the court is going to look at the history of what has gone on for the last two years to determine if... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My oldest daughters dad was on child support and didn't really have anything to do with her up until recently.

I also know that the only reason that he even has her is so he doesn't have to pay child support anymore. If this happens what are the chances that he will try and have me served with child support? Would I have to pay beings I have raised her with my ex her whole life with really no help from... Read more »

Michael Ferrin
Michael Ferrin
answered on Feb 3, 2022

We need alot more information in order to answer your question. I would recommend contacting a local attorney to assist you.

1 Answer | Asked in Child Custody for Florida on
Q: I need help in obtaining custody of my granddaughter
Michael Ferrin
Michael Ferrin
answered on Feb 3, 2022

Grand parents have very limited rights in the state of Florida. You may want to take a look at Florida Statute 752.011 for more information regarding your rights. I would also recommend contacting a local attorney in your area to see of you have a possible case. Most attorneys offer free... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: If I had my child out of state with no communication from the father can I terminate his rights if I move back?

I moved from Florida to South Carolina to have my child in November since I had more support here, the father has not contacted me since 2 months after finding out I was pregnant. I have paid all medical bills and have not requested child support, but I'm worried if I decide to move back to... Read more »

Michael Ferrin
Michael Ferrin
answered on Feb 3, 2022

First and foremost, if your child is less than 6 months old and was born in South Carolina, and you are still located in South Carolina, then South Carolina would have jurisdiction over your case, not Florida. You may want to readdress your search to get information from a South Carolina Attorney.... Read more »

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