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Florida Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Florida on
Q: My mother currently has Legal custody of my two boys since 2016. But the boys actually live with me.

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.

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Adoption, Child Custody and Child Support for Florida on
Q: Hi, I’m trying to obtain copies of my legal guardian records from when I was a child in Miami dade county, 40+ yrs ago

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.

Terrence H Thorgaard
Terrence H Thorgaard
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.

2 Answers | Asked in Child Custody for Florida on
Q: Order is in Florida. Have not seen child since September, filed contempt motion in Dec. but we have moved to Texas from

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

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1 Answer | Asked in Child Custody for Florida on
Q: do you know any Lawyer’s that have dealt with relocation when it comes to child custody cases?

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

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Me and my husband were approached by a young woman with the offer for us to adopt her baby. What should we do first?

She doesn’t know who the biological father is,but she does not want the baby

Rand Scott Lieber
Rand Scott Lieber
answered on May 9, 2023

Whatever you do you need to involve an attorney that specializes in adoption. This is not a do it yourself matter. Speak with an adoption attorney as soon as possible if you want to pursue this.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can a mother change a child’s name without fathers consent if there’s no father listed on birth certificate?

Daughters name was changed within forst twelve months of her life I was not listed on the birth certificate due to paternity issues. At the least was she supposed to notify me since I was suspected to be the father or no because I wasn’t on the birth certificate?

Pamela J. Fero
Pamela J. Fero
answered on May 2, 2023

Generally, both parent's signature is required if they are listed in the original birth record. Since you are not in the birth certificate, the mother can pursue name change of the child without your consent.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is there any possibility I can get my step parents custody revoked

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How doI domesticate a contempt court order from Marion county Florida to Montgomery county Tennessee?

Can I do it in my home state or do I physically have to file at court in Tn.

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Family Law, Child Custody and Education Law for Florida on
Q: What can I do if primary parent (Mother) is neglecting to enroll our child (5) into elementary school? We have 50/50.

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

Rand Scott Lieber
Rand Scott Lieber
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.

2 Answers | Asked in Child Custody, Child Support and Divorce for Florida on
Q: Can I file a motion to amend divorce petition to add facts relating to false accusations of DV?

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

Astrid M. Bismarck
Astrid M. Bismarck pro label Lawyers, want to be a Justia Connect Pro too? Learn 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.

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1 Answer | Asked in Child Custody for Florida on
Q: Former wife filed period to change custody agreement for son. Do I have to give her lawyer a financial afidavit

Petition

Rand Scott Lieber
Rand Scott Lieber
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

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can a 10yr old who lives in PR choose to live with his dad in FL if mom has full custody?

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

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Family Law, Child Custody, Child Support and Libel & Slander for Florida on
Q: when a parent has been served with a summons along with the paperwork mentioned below what paperwork would the other....

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

Rand Scott Lieber
Rand Scott Lieber
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

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My mother in law has temporary guardianship of my my two little girls they closed my case but my mother in law dead

The grandmother who had temporary guardianship of my two little girls passed away yesterday what do I need to do now

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My mom is trying to send me to a boarding school. Is there anyway my dad can get a lawyer and stop this?

If someone could talk with me in private about my situation please email me at kyreechenkin@gmail.com

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can a parent that's Behind over $5,000 in child support threatened to take his kids away from the mother due to hardship

Mother behind in rent from loss of job on 10/31. Mother back at work 12/19. She's trying to get caught up.

Rand Scott Lieber
Rand Scott Lieber
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.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: How can a judge (FL) order someone who is unemployed to pay of $800 in child support.

Judge allowed mother to temp relocate back to NY. I have to pay travel expense for my son who is 5 years old which consist of flight ($300-$500) in addition unaccompanied minor fee ($300RT).

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 8, 2023

Generally speaking, when a party is unemployed, for child support purposes, they are imputed (assumed) to be earning minimum wage. If you cannot afford the timesharing based on a minimum wage income then you should return to court and ask for a modification. Because this can be a complex issue... View More

1 Answer | Asked in Child Custody for Florida on
Q: If there is no court order for mother not to see her child can a father refuse? Court has papers that they share custody
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 13, 2023

The father would have to abide by whatever visitation terms the court has ordered.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My sons dad is in prison, He is due to be released soon, do i have to pay to have full custody granted i dont have funds

My son and me have not lived with his father or in the same state as him since my son was 7 months old, he is currently in prison and due to be released in a matter of weeks. He speaks to him daily, as many times as he would like but i know when he gets released he will threaten to take my son away... View More

Pamela J. Fero
Pamela J. Fero
answered on Dec 23, 2022

If you believe living with him might be detrimental for you and your son's well being, talk to a lawyer right away to know the best action.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: My son’s mom committed suicide and his Aunt has custody through Bossier court. I can’t afford a lawyer; I need help

I was living in Missouri at the time custody was granted to me and the divorce was final. Life was good; I got married again. One night she drink too much, way too much. I locked myself in a room with my son; made a video and I was also in contact with my child’s mom. I filed an order of... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 13, 2022

Your post is confusing, so let me see if I got it right:

You were divorced from the child's mother, and you were granted custody.

Then you re-married. Your second wife got violent, while you and your son locked yourselves in a room so that she couldn't harm either of you....
View More

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