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He is only seeking every other weekend. Which leaves me all the school days. I cannot call out every time out 4 and 6 year old are sick. Can an arrangement be put into our custody agreement to where we need to alternate sick days if the kids are sick? Even if it’s during the week?
answered on May 2, 2023
Unfortunately, the way it usually works is if it is your timesharing day then you are responsible for child care. If dad has a school day and they are sick then he is responsible, same for you. You can try to address this issue financially (through child support or otherwise) so that you can afford... View More
We executed a parenting plan during divorce proceedings last year. I am the mom and I could request up to 3 drug tests (hair follicle) from the Father - if positive, it suspends his timesharing until he provides two clean tests within the same week. Father has tested positive for cocaine, which... View More
answered on May 2, 2023
You need to be clear about the difference between sole parental responsibility (decision making) and 100% timesharing. It sounds like you want 100% timesharing which is difficult to get. The court is always going to try and encourage a relationship between the child and both parents. You have given... View More
I’m 17 and adopted I’ve been living with these people for about 6 year I wouldn’t even say living they won’t let me stay with them any more they put me in other locations to stay with people even to another state at one point I’ve never liked these people from the start they lie To people... View More
answered on Apr 26, 2023
A stepparent (spouse of a parent) is not the same as an adoptive parent. If you were adopted in a Florida court, you would legally be their child, and subject to their control until you turn 18. You might want to see about getting emancipated.
Can I do it in my home state or do I physically have to file at court in Tn.
answered on Apr 25, 2023
You cannot really "domesticate" a contempt order. The contempt sanctions are imposed by the court that issued the contempt order. Speak with a local family lawyer for more specific advice.
Child’s mother is listed as the primary parent on the plan and currently have an account with the district regarding the child’s education enrollment but has neglected to submit any application to be enrolled into primary school. She is located in a different county than myself and my wife.... View More
answered on Apr 19, 2023
Education issues fall under shared parental responsibility. If the parents cannot agree then your remedy is to return to court. Speak with a local family lawyer for more specific advice.
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
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
I filed for divorce. My “wife” accused me of domestic violence and I was unable to see my son for 7 months. She also took out a civil injunction against me while I still had the ankle monitor. She filed the civil injunction the same day of hearing I had on motion to amend pretrial conditions... View More
answered on Apr 18, 2023
That may be a good idea but you should probably hire an attorney to draft this request and the amended petition for you.
Petition
answered on Apr 10, 2023
Anytime that child support is an issue both parties will need to provide a financial affidavit. Since custody (timesharing) affects child support you will both have to file updated (from the last time that you were in court) financial affidavits. Speak with a local family lawyer for more specific... View More
Hi. My husband has a 10 year old son that lives with his mom in PR. She has full custody of the minor but in the divorce they agree dates for him to travel and spend with his dad. But now he wants to live with us here. Is there a specific age he can decide.? Or what would be the process to have... View More
answered on Apr 10, 2023
You do not mention which state issued the divorce decree/ custody order. Under Florida law a child never gets to decide, absent extreme circumstances. Speak with a local family lawyer for more specific advice.
She would like to come visit us out of state for a week can she take minor child without permission
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
parent have to turn in in order to start the process in getting the minor child back? Paperwork included in the summons was a verified petition for sole custody of minor child and modification of child support, notice of related cases, notice of social security number, UCCJEA and notice of... View More
answered on Mar 30, 2023
You need to read the verified petition for sole custody of minor child and modification of child support and answer each numbered paragraph ADMIT or DENY. After you do that then a hearing can be scheduled on the merits. At the hearing you can present your evidence through testimony and exhibits.... View More
The grandmother who had temporary guardianship of my two little girls passed away yesterday what do I need to do now
answered on Mar 20, 2023
You need to return to the court that issued the guardianship order to see who is next in line. If you are willing and able to assume custody then you can present your case. Speak with a local family lawyer who specializes in guardianship for more specific advice.
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
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.
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
If someone could talk with me in private about my situation please email me at kyreechenkin@gmail.com
answered on Feb 28, 2023
If you are a minor in Florida then your parents are in control. If they are divorced then normally they must agree on where you go to school. If they cannot agree then the court will choose which parent decides. Good luck.
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
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
Mother behind in rent from loss of job on 10/31. Mother back at work 12/19. She's trying to get caught up.
answered on Feb 13, 2023
Timesharing and child support are two separate issues. You cannot have timesharing taken away because you are not paying child support. Speak with a local family lawyer for more specific advice.
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