Get free answers to your Child Custody legal questions from lawyers in your area.
I share 50/50 custody of my children with my ex in FL. My child has autism and receives ssi each month. My ex is the sole payee for this money. Does this count toward HER monthly net income when determining my child support payments?
answered on Sep 11, 2023
SSI received by a child does not count as a parent's income; however, it is part of the child support calculation and should reduce your obligation. Speak with a local family lawyer for more specific advice.
We have two small toddlers together that he threatened to kill himself in front of and beat and attacked me in front of them
answered on Sep 4, 2023
The law is that you have an equal opportunity to hire a lawyer. You may need to go to court to have your husband ordered to contribute to your attorney's fees. Speak with a local family lawyer for more specific advice.
And I’m not sure what and we’re to go from here how do I respond to the petition what legal paper work do I need to file I only have 20 days to respond
answered on Aug 10, 2023
You need to file a responsive pleading within 20 days. The petition should have numbered paragraphs. For each paragraph you can admit, deny, or explain. You do not mention what basis she has for filing the petition. You should definitely speak with a local family lawyer for more specific advice.
I know that I need to complete a FAMILY LAW FORM 12.970(d), WAIVER OF SERVICE OF PROCESS AND CONSENT FOR CONCURRENT
CUSTODY BY EXTENDED FAMILY form. What is the next step, and how long does this process take?
answered on Jul 24, 2023
I am not sure what your legal goal is. Are you leaving the child with the grandparents? Do you want them to be able to sign legal documents for the chid in your absence? Your question is very broad. Speak with a local family lawyer and give more details for more specific advice.
I’m a father and I have been living in Florida with my son who is 12 for 7 years. My sons mother recently came from Honduras and established in Pennsylvania. She came to Miami to pick him up for summer vacation which I agreed to because it’s appropriate for him to also see his mother. First she... View More 
answered on Jul 18, 2023
If you have never been to court before then the only way to protect your rights is to file a paternity case. Without that legal filing the courts cannot help you if the mother tries to keep the child. Speak with a local family lawyer for more specific advice.
Last Year I have had my kids 24/7 with him spending little time with them , he rarely calls or text . And he does nothing financially for them.
answered on Jul 14, 2023
Based on what you are describing you can return to court and request a modification of the court order. The new order would reflect the time the children spend with you and child support would also be recalculated. Speak with a local family lawyer for more specific advice.
I have no pre set child custody order. I just got through court the judge signed and filed a final judgment. The opposing party filed a motion to vacate and will not follow the final judgement until they go back to discuss the motion to vacate several months from now.
answered on Jul 13, 2023
This answer is based on Florida law. A motion to vacate does not change the prior order until a hearing is held and a new order issued. You should be following the initial order. Speak with a local family lawyer for more specific advice.
The father is only on the birth certificate, but we were never married and he never established paternity. He has a history of domestic violence, and child abuse, with numerous online and text threats to kill me. I want to know if I can have his rights terminated without involving him somehow for... View More
answered on Jul 4, 2023
Having his name on the birth certificate does not establish his rights as the father.
Father lives in PR. Always threaten me not to file for CS bcause he took care of our other 2 daughters now over 21. My son needs help for college. Should I file a claim in PR since in FL age is 18th and does not recognize college expenses and support after 18th? Can I file for back child support?
answered on Jun 26, 2023
Based on the information provided, it appears unlikely that you can file a new case for child support in Florida. However, I recommend you consult with a local attorney who can assess your unique circumstances. Furthermore, it may be beneficial to consult with an attorney in Puerto Rico to... View More
I moved out with my daughter last year. I was letting my daughter see her father on the weekends, but we noticed some signs of abuse and took her to the ER. DCFS opened a case and dismissed it. I am planning to move out of state in the next 6-9 months and want to know what my legal obligations are.... View More
answered on Jun 19, 2023
If you have never been to court for paternity then you, the mother, have full custody rights and can move wherever you like. If he takes you to court before you move then he may be able to delay or prevent the move. Speak with a local family lawyer for more specific advice.
This has been going on since the end of 2018 into 2019. My ex accused my mother of being under the influence of drugs (she was age 65) when she exchanged the children with him. He would stop me from seeing them if I didn't give him $300/month for child support. Unfortunately after he stopped... View More
answered on Jun 17, 2023
You can retain an attorney to assist you with mediation. If that is the only proceeding you would like to retain an attorney for, then you would need to search for attorneys who offer limited-scope representation. Any allegations of abuse should be reported to the proper authorities. Consult with... View More
He has been absent for nearly her entire life (almost 9 years). Looking into child support/back pay. He has moved out of state now and I am to be wed next spring and would like my future husband to adopt her. Looking for any advice on the first steps and the best way to go about this.
answered on Jun 17, 2023
In Florida, in order for an unmarried biological Father to have parental rights, the Father would need to file an action with the Court to establish paternity. Consult with an attorney to determine what type of notice the biological father is entitled to as it pertains to the step parent adoption.
intentions of cleaning her head out.
answered on Jun 9, 2023
Is there an active family court case? Get her to an MD and get a report to the judge. This case arises under FAMILY/ CHILD ABUSE law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.
just leave the minor child infested? what steps can i take as the biological mother who still has all rights to the minor child in order to get her placed back in my custody
answered on Jun 9, 2023
If you have all rights to the child then why can't you just take the child? If there is a court order regarding the child then you can report to the court that issued the order that there is a problem. If the problem is severe enough you can report the issue to DCF. Speak with a local family... View More
while still having an active Family Court case? there is also proof that she was insulting me. i was just wondering what could be done in situations like this
answered on Jun 9, 2023
There is not much that can be done (legally) to stop insults on social media. You could notify the judge in the family case about the behavior and express concern for its effects on the child. Speak with a local family lawyer for more specific advice.
I pay child support to her and since my mom doesn't get food stamps for them she told me to apply and now DCF is wanting me to fill out forms because they want to know why I'm receiving food stamps and paying child support for the same kids. Please advise.
answered on Jun 8, 2023
You need to start with the court that gave your mother custody. Ask that court to change the custody to you. Then you can stop paying child support and apply for food stamps. Speak with a local lawyer for more specific advice.
I need proof my now deceased grandfather was my legal guardian, he also collected my child support to his name on my behalf and I want to obtain those copies.
answered on Jun 7, 2023
Call the Clerk of Court and ask them if they have those records from that long ago. They might not have records of child support he received; you might need to subpoena such records from his bank, if you have some sort of cause of action that somehow survived any applicable statute of limitations.
We seriously need advice. My husband has been going through a nasty custody battle in Florida. In December we filed a motion for contempt because the other party stopped showing up and he has not seen the child since September and there has been no contact with the other party. Early last month,... View More
answered on Jun 6, 2023
You don't need to transfer the case to Texas. Ask the judge's assistant if the motion hearing can be held on Zoom.
I was just summons with paperwork for child custody from my newborns father, who has yet to establish paternity, and I haven’t heard from him the whole time I was pregnant didn’t hear from him up until about a week ago and three days after he reached out, he filed for more than half custody... View More
answered on May 14, 2023
Until paternity is established the mother has all custody rights. This is a delicate area of family law so you need to speak to a local family lawyer who can give you specific advice on how to defend a relocation.
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.
