Get free answers to your Child Custody legal questions from lawyers in your area.
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 
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.
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
I was dating a girl and she suddenly broke up with me and there was no communication. After 6 months she contacted me to tell me she was pregnant with my child and I ruined her life and she wanted nothing to do with me. I have tried to get in contact with her to meet my son however she has blocked... View More
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answered on Nov 30, 2022
The best way for you to force the issue is to bring a paternity case against her. You would probably need to go to court in Georgia where the child lives. Step one would be to request a DNA test and then go from there. Speak with a local family lawyer for more specific advice.
I’m not asking to modify child support just circumstances have changed with my parenting plan and I can’t come to an agreement with the mother of my son.
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answered on Nov 28, 2022
You can make an argument that if there are no financial issues then the mandatory disclosure for a modification are not necessary. However, if any of the requested modifications change the overnights, which in turn can change child support, then they may be required. If necessary, the focus will be... View More
The petition was filed in broward county and I live with my child here in Polk County. I'm trying to submit my answer and relocate the case and not really sure how to go about it. I've been trying lawyers for a consultation with no luck and am running out of time to put in my submission.
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answered on Nov 28, 2022
You need to answer the petition in Broward county. You can also file a motion to transfer jurisdiction to where you live. Look for a family lawyer with a free consultation. Speak with a local family lawyer for more specific advice.
I want to file a supplemental petition to move the case to the county where I live with my daughter but I have to write a response to the petition filed by her dad in a different county. I don't have transportation to the other county to file in their clerk of courts. Even if I file a... View More
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answered on Nov 28, 2022
You do need to answer the petition in the jurisdiction where it was filed. However, you can also file a motion to transfer jurisdiction to the place where you and the child live. Speak with a local family lawyer for more specific advice.
I want to file a supplemental petition to move the case to the county where I live with my daughter but I have to write a response to the petition filed by her dad in a different county. I don't have transportation to the other county to file in their clerk of courts. Even if I file a... View More
answered on Nov 28, 2022
You can file it online, using Florida's E0filing Portal:
https://www.myflcourtaccess.com/Common/UIPages/NotLoggedIn.aspx
Or, obviously, you could probably mail it to the clerk of court in the county where the father filed his petition.
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answered on Nov 23, 2022
You can file your supplemental petition where you live and/or preferably where the child lives. Assuming that all legal issues have been in Florida you can attach the original order to your petition as an exhibit. Relocation can be complex so speak with a local family lawyer for more specific... View More
answered on Nov 14, 2022
If there is clear and convincing evidence that it is in the best interests of the child, the court may reinstate your parental rights. You must present the best case possible and commit to doing everything in your part to restore your rights.
My wife and I are separated and currently about to go through a divorce. She currently has a live in boyfriend who has a lengthy, violent criminal history. I do not feel comfortable with my son going over there due to his history with violence and drugs. I do not have much money for a lawyer and I... View More
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answered on Nov 8, 2022
Generally speaking there is no "sole custody." Florida wants both parents to spend time with a child. You will need to notify the court of your concerns regarding the other parent's partner. If the concerns are legitimate then the court will put safeguards in place to protect the... View More
answered on Oct 28, 2022
If no court was involved, the "notarized paper" you signed probably only gives the so-called guardian the right to take care of the child as long as you agree. It would be revokable, in other words. If that is the case, you could resume physical custody whenever you want.
answered on Oct 19, 2022
Yes. When adding father's name to the child's birth certificate, both parents must consent. If the mother does not consent, you can file a petition to establish paternity. It will be granted after providing genetic samples proving you are the biological father of the child. The court will... View More
My son was born in Florida while his mom was still married to another man, how can I establish paternity?
My son, his mother and I live abroad now.
answered on Oct 19, 2022
Instead of litigating paternity, it might be more efficient to apply to adopt the child, assuming all three of you live in the same jurisdiction "abroad". That would depend, of course, on the laws of that jurisdiction.
My son was born in Florida while his mom was still married to another man, how can I establish paternity?
My son, his mother and I live abroad now.
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answered on Oct 19, 2022
Based on Florida law you cannot accomplish this without the cooperation of the man that she was married to at the time of birth. However, since none of you lives in Florida the court here will not have jurisdiction (the ability to decide your case). You may not be able to do anything before you... View More
This is due to the cost of living and child care in my area. I am selling my home and relocating to a more affordable town which would but me 60 miles away from the other parent.
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answered on May 9, 2024
I am assuming that you already have a parenting plan with the other parent. You will need to either get the other parent to agree or else file a supplemental petition with the court. This can be a costly legal fight so understand that going in. You will need to prove that the move is best for the... View More
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
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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.
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
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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.
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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.
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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.
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