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Florida Family Law Questions & Answers
1 Answer | Asked in Civil Rights and Family Law for Florida on
Q: I need help I believe my civil rights have been violated by CPS

Hi my name is and I need some help CPS took my children without conducting a proper investigation...and had then split up and placed with family members..but when I ask about a case plan and when can I see them says I dont have a case plan and can't even get a chance to regaincustody...what... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 14, 2021

The State is required to give you due process with a plan to determine if you may regain custody. All you need to do to make sure you are receiving the process is that is due is to have an attorney represent you. If you can afford a private attorney, hire one NOW - search for attorneys handling... Read more »

1 Answer | Asked in Family Law for Florida on
Q: For a simplified dissolution of marriage do you still need to serve the respondent via process server or sheriff?

Both parties already signed and filed the same petition so via regarding court procedure does the petitioner still need to serve the respondent the simplified dissolution of marriage form via sheriff or process server?

Rand Scott Lieber
Rand Scott Lieber answered on Jun 9, 2021

If it is truly "simplified" and both of you signed the same Petition then you do not need to serve each other. If there are two Petitions, one by each of you, then the other can file an Answer and Waiver. Still no process server necessary.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: When someone dies do blood relatives have any rights to visitation with the deceaseds children
Rand Scott Lieber
Rand Scott Lieber answered on Jun 8, 2021

Timesharing (visitation) is controlled by the mother and father. Extended family, blood or not, has no direct legal right to timesharing without going through the parent.

1 Answer | Asked in Education Law and Family Law for Florida on
Q: Can I move out at 18 to do I need to graduate High School first?

My name is and I have a couple questions regarding my current and future living situation. I will be 18 soon but will still be a senior in high school, can I leave my parents house when I turn 18, or would I have to wait until I graduate to move out. My parents are both mentally and physically... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 4, 2021

When you turn 18 you will be an adult, and therefore able to move out whether or not you are still in school.

1 Answer | Asked in Family Law for Florida on
Q: Is it a violation of injunction/no contact if you call your child with cellphone provided by the other parent?

I have a protective injunction with no contact in place against my ex husband. I provided our 15 year old with a cell phone. She is the authorized user and the number/line is in her name. Her father believes it is a violation trap of the injunction for him to call her on the phone as I pay for the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 3, 2021

If the injunction provides that he is not to call you, it could be read to mean that he is not to call any phone in your home. So technically, he may be correct. But it is hard to imagine he could get in trouble unless you were to answer your daughter's phone; otherwise who is going to make... Read more »

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What is the best way to terminate parental rights?

My 11 month old son's father has been in and out of the picture since he was born. We are now broken up and I'm dating someone who is interested in adopting my son. As of right now we have not established paternity, but the bio father is on birth certificate. I just received a text from... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jun 3, 2021

To make it legal you will need to go through dependency court. Even with the father's cooperation a termination of parental rights can be difficult. Look for a local family law attorney who handles dependency cases.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: There was no evidence of texts supposedly sent, yet the judge accepted them and took their word over lack of evidence??

So what happened was during a custody trial, the father had claimed the defendant was trying to keep the daughter away from him (he’s behind on child support and has lied on who was watching over their daughter among other relevant things) and had said he had evidence that he wanted thing to work... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 3, 2021

If text messages were offered as evidence, presumably someone testified about those texts being sent. That would be sufficient evidence of the texts. There might be hearsay problems, but that would depend on such matters as what exactly was intended to be shown by the introduction of each text,... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: So I need to submit evidence at a Default hearing on a Petition to Modify Child Support?

My ex was served and never responded to my petition to modify child support. A Clerks Default was issued against him on May 3 (he was supposed to respond by April 1) and a hearing on the default has been set for early July.

I have already filed and served my financial affidavit, and... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jun 2, 2021

The Default simply is him not disputing what you alleged in your petition. You need to, if possible, provide evidence for what the change in child support should be. So yes, you should definitely file your evidence for the hearing. Normally financial documents are not filed on the docket, but with... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Child custody agreement was written up in Volusia County Florida we then got married in Texas. We are getting divorced

Wondering if a new custody agreement needs to be reached?

2017 we got a custody agreement written up in Florida

2018 we got married in Texas

We were separated after a month of marriage and are just now getting divorced in Florida

Rand Scott Lieber
Rand Scott Lieber answered on Jun 2, 2021

In what state are you getting divorced/ living in now? If you both signed the original agreement then it is a contract between the two of you. Unless you want to change it, you may be able to file it where you are getting divorced and ask the court to adopt the agreement. If you want changes it... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a full custody parent travel outside the country and leave the children with their current spouse?

Full custody parent traveled outside the country and didn't inform the other parent. There are concerns of possible child abuse by step parent left in charge of child. Can non custodian parent do something?

Rand Scott Lieber
Rand Scott Lieber answered on Jun 2, 2021

You need to carefully read the parenting plan regarding travel and right of first refusal. If the custodial parent has all of the timesharing rights then it is possible for them to travel and use their chosen caretaker. If there is a restriction it will be written in the parenting plan.

1 Answer | Asked in Family Law for Florida on
Q: In a time sharing plan. Does a Summer schedule take priority over the other schedule in place when school is out for su

School is out this Friday, June 4th 2021. Our regular time sharing plan alternates weekends. However, the summer schedule states that my husband and I get the first week of summer and we alternate weekends the rest of summer. This weekend would be the other parent's weekend. Does that stay in... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jun 1, 2021

If you alternate weekends during school and during the summer then the common sense answer is that your first summer week would begin on Monday. Step one would be to read the parenting plan carefully. While holiday timesharing takes precedence, you probably do not want to alter the year long... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: DOR CS not posting unemployment payments timely or accurately. Emailed DOR for assistance - referred me to Clerk.

Clerk of Court has zero payments! If everything is electronic, why is there a discrepancy? Why doesn't the Clerk of the Court have any information? How do I get the Clerk to have the updated payments OR will the Court be able to see payments whenever we go back? Thank you for your help!

Linda Liang
Linda Liang answered on May 28, 2021

That's a question for the clerk.

1 Answer | Asked in Family Law for Florida on
Q: i am missing page 2 of a 2016 power of attorney packet , i need page 2 can it still be used

the forms are notarized and are copies

Terrence H Thorgaard
Terrence H Thorgaard answered on May 26, 2021

Probably not. With a missing page, one would not know all the terms and conditions of the POA.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: My son attends a different high school than what was agreed on the parenting plan, can my ex unenrol him?

My ex husband and I agreed that our son would attend a different high school to the one stated in the parenting plan. My ex is now rescinded this and is insisting that he attend the high school stated in parenting plan and is threatening to unenrol him tomorrow. Does the joint decision we made... Read more »

Christy L. Hertz
Christy L. Hertz answered on May 26, 2021

The Parenting Plan controls unless it was modified in writing and adopted by the Court. Therefore, unfortunately the joint decision that was verbal is not binding. However, the joint decision is relevant related to any modifications on the Parenting Plan and school.

1 Answer | Asked in Family Law and Adoption for Florida on
Q: I was born in PR and Adopted in NY. Where can i obtain my original birth cert w/ my birth parents on it?

I am taking a trip to Puerto Rico. Is there an office in San Juan that i can obtain my original birth cert w/ my birth parents name on it?

Linda Liang
Linda Liang answered on May 21, 2021

The Government of Puerto Rico has partnered with document provider VitalChek to provide an expedited method for ordering new birth certificates. To apply through this method please visit: www.vitalchek.com. Vital Check also offers a bilingual call center available 24 hours a day, seven days a week.

2 Answers | Asked in Family Law and Civil Rights for Florida on
Q: Can I sue the state over the “substantial change in circumstances “ requirement for changing a parenting plan?

Florida requires a petitioner to prove there has been a substantial change in circumstances in order to request a change to a parenting plan.

Is this a substantive due process issue, in that the state should prove a compelling interest in requiring an “extraordinary burden” (Wade v... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 20, 2021

This is a pretty well settled area of law for a lot of reasons. There should be finality of judgments; however, in family law cases, the court can technically change final judgments via modification until the child is 18. Therefore, there is a legal standard that has been established for... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Can I remove husband off of daughter's birth certificate if he is not the biological father?

I became pregnant with my daughter during the time my boyfriend and I were separated. It was a one time and I do not know the father. The boyfriend and I did keep seeing each other and when I found out I was pregnant I told him and I moved back in with him at 6 months pregnant.

We were... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 19, 2021

You cannot do anything. He is the legal father and the law is relatively complex in this regard. He has the right to maintain his status as the legal father and your child has the right to maintain her status of legitimacy. In terms of a timesharing schedule and parenting plan if/when you do... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: I have a custody/time sharing agreement with my daughters Father that changes for summer. I need it to be clarified.

During the school year, our agreement is 9 days at home, 5 days away. He picks her up Thursday, she comes home Tuesday, then she is home the next 9 days til Thurs. Then in summer, the schedule changes to Sunday to Sunday, back and forth with each parent 1 week. So for June 2021. Her Dad has her... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 18, 2021

Unfortunately if the two of you can not agree on the interpretation of the agreement then the only remedy is to seek court intervention. My recommendation is that the two of you try to reach a compromise.

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2 Answers | Asked in Adoption, Family Law and Tax Law for Florida on
Q: If you had a child that was adopted are you allowed to have the original copy being the biological parent

I have my son adopted in November of court issues I'm trying to attain a copy of my son's birth certificate to show the IRS that I had my son for the first part of the year how do I go about doing that

Linda Liang
Linda Liang answered on May 17, 2021

Contact the Bureau of Vital Statistics. They offer walk-in or mail-in services. To save time, download and complete the forms you need. The Bureau of Vital Statistics may be reached at (904) 359-6900, ext. 9000.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can a general magistrate order additional relief that neither party requested?

General Magistrate ordered that I inform my ex (I share a son with them) any time I get a ticket/moving violation during a hearing where I was requesting to remove a joint stipulation from 2015 where I agreed I would not drive our son because I did not have a license. Neither my attorney nor his... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 12, 2021

Yes, the magistrate was probably within the bounds of the motion since it had to do with your driving privilege.

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