Lawyers, Answer Questions  & Get Points Log In
Florida Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I'm not married and there is no custody order, can I take my child out of state without the father's permission?

I'd like to take my child out of state (FL) for a visit with friends and family, but my baby's father has threatened to call the police for kidnapping if I do so. I'm unsure if 1. That anything bad will happen for me custody wise if I do so and 2. If cops are legitimately called, if I can talk it... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 14, 2019

Unless he has been to court for child support and or paternity he has no legal rights to the child. You should be able to travel wherever you like without breaking the law.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I call the court house and schedule a hearing or do I have to wait on the judge to decide?

Im currently going through divorce and my Husband isn't co parenting with me he keeps our child for longer days than expected an he's making it very difficult to raise our child. I know we have to wait on a mediation date from the court but is it possible for me to call the court house an ask when... Read more »

Mr Eric Klein
Mr Eric Klein answered on Dec 14, 2019

You have raised many issues in your post. I will try to address one at a time.

Yes you can and should call the courthouse and schedule a hearing, do not wait for the judge because the judge will not do it for you.

Regarding mediation, the court will generally not order mediation...
Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can a grandparent file a visitation Order in The state of Arizona and require visitation time in Florida and Arizona

Maternal grandparent is filing for visitation of grandchildren in the state of Arizona. She is also requiring in the filing that while the children are with their father in the state of Florida that visitation be required. Can an order for grandparent visitation filed in the state of Arizona... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 13, 2019

Although there is no grandparent visitation in Florida, you need to apply the law where the order was issued. If the children primarily live in Arizona and the court order is from Arizona then you must look at the law of Arizona.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: In the process of saving money for a lawyer through legal aid until then how can i get my daughter back from my spouse?

I filed a Motion of Contempt on the Standing Law Order due to my spouse not returning our 4 year old daughter. She never been away from me this long its been 6 weeks now due to me not knowing her whereabouts and not being able to contact my soon to be ex husband. I filed an emergency contempt but... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 13, 2019

Hiring a lawyer will always "speed up the process"--assuming you locate and hire an experienced lawyer that is.

1 Answer | Asked in Criminal Law, DUI / DWI and Family Law for Florida on
Q: Is a probationers compliance or status public record?

For example, assuming I know their PO and call their office/ email, can they tell me if a current probationer is in compliance with their terms, attending court ordered substance abuse classes, paying fees, and/or completeing community service.

Jonathan Blecher
Jonathan Blecher answered on Dec 12, 2019

I doubt a probation officer would disclose any information unless you were the attorney, court official or had a release/power of attorney from the probationer.

4 Answers | Asked in Child Custody, Divorce and Family Law for Florida on
Q: How can I get my child back from my child father?

I let my daughter go with her father for the weekend he was suppose to bring her back instead he decided to withdraw her from daycare, block my number and any attempt for me to contact my child. I filed for divorce soon after this happened but hes still not allowing me to see her its been 4 weeks... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 11, 2019

You need to apply to the court on an emergency basis regarding timesharing. Try to consult with a local family lawyer.

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I have custody of my kids here in Florida the mom Don’t see them if we move 6 month to Puerto Rico will Change jurisdict

I have custody of my kids here in Miami Dade Florida the Mother does not come visit them or call them but she does pay child support through the courts my kids have not seen her in years we are moving to Puerto Rico if we live in Puerto Rico over six months will that change the jurisdiction of me... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 10, 2019

If there is a court order for timesharing, even if she is not following it, you must get her permission or a court order to relocate to Puerto Rico. This is a bigger issue for you to deal with prior to leaving as the jurisdiction question is affected by the relocation and Florida may keep... Read more »

1 Answer | Asked in Family Law for Florida on
Q: How do I go about filing for a judge to court order a drug test?

I have a parenting plan in place thru the courts and I know that my ex husband has a drug and alcohol problem and I fear for my sons safety, he is also living with someone that also has a drug problem

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 9, 2019

If you already have a parenting plan through the court you will have to ask your divorce lawyer to help you.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What do I need to file to move out of state where it's in the best interest of my children and myself to move

Other parent in violation of visitation order and contempt filed 3 times

Melissa Paniagua
Melissa Paniagua answered on Dec 9, 2019

In order for you to move with your child to another state you can do one of two things:

1.) Get consent (in writing) from the other parent stating that they are in agreement with you moving to another state.

2.) File a Petition for Relocation with the court in which you seek...
Read more »

View More Answers

1 Answer | Asked in Adoption and Family Law for Florida on
Q: I want to change my middle and last name into my marriage certificate.

My wife and i got married for almost 11 months in Indiana south bend. But before that my step father filed for my adoption and i just got recieved my birth certificate last week now the thing is i want to change my marriage certificate last name.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 6, 2019

You should have asked that your marriage license, and the resulting marriage certificate gave your adoptive last name. It's probably too late to change the marriage certificate; but ask the county clerk who issued the marriage license if it can be done.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: How do I get my husbands name on our daughters birth certificate. When she was born I was maried to someone else?

I was married and my now ex husband would not give me a divorce. So I moved out and on. I got engaged and had a child with my now husband. However his name was not allowed on her birth certificate because I was married to someone else. Marlee is 17 and wants her birth certificate corrected. She was... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 6, 2019

It is possible that you could bring a paternity action in Florida and ask for the BC to be corrected. You should speak with a local family law attorney about your options.

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: The alleged father of my four months old just filed with department of child services...

He’s not on birth cert and no paternity confirmed legally yet. I’ve encouraged him at every corner to build a relationship with my daughter, tried to have him visit more etc. he lives 1.5 hrs away but even still, has seen her about 13 times in the 4 months since her birth. I’ve in no way... Read more »

Melissa Paniagua
Melissa Paniagua answered on Dec 6, 2019

If he has recently filed a petition for paternity, you would have 20 days to file a response with the Court in which you can file an answer and counter petition in which you can affirm and deny the allegations he has made in his Petition and state any defenses you may have and request what you... Read more »

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: My ex has not responded and I want to change my original offer for time sharing can I fix it upon filing for default?

We had a verbal agreement for about a year it would change slightly more and more until I went to establish an order in writing (so he could no longer deviate) and as soon as he was served he stopped seeing the kids completely. My original offer was our verbal agreement, however, now there isnt... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 5, 2019

File a parenting plan with exactly what you want. If he defaults then you get what you want until he chooses to come to court.

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a magistrate adjust child support at a hearing after a new parenting plan was agreed upon with more overnights?

My ex filed a Petition to Determine Paternity & Related Relief. There's a support order in place since August 2017 but no parenting plan so overnights are not included in the support order. We met with a mediator and agreed on a parenting plan that gives me 134 overnights per year. We both filed a... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 4, 2019

You need to read the paper carefully that tells you to come on January 14. It should say specifically what will be addressed by the court. If it does not mention child support then you should probably file the modification right away. The court will look at her ongoing regular income, not zero... Read more »

View More Answers

1 Answer | Asked in Family Law for Florida on
Q: In the state of Florida if you have adopted a teenager and at Age 17.5 can the teen move out with parents' concent?
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

Whether or not you consent to your child moving out, you are still responsible for the child until he or she reaches the age of 18. Whether or not the child is adopted or your biological child makes no difference.

3 Answers | Asked in Family Law and Child Custody for Florida on
Q: My son has a 3 year old son with his ex girlfriend. I am not sure what his rights are as we were out of town and we

believe she has left the state of Florida. She will not speak with him speak or us and she appears to be trying to cut ties. Please advise. Thank you.

Rand Scott Lieber
Rand Scott Lieber answered on Dec 3, 2019

Since they are not married, unless your son has been to court on a paternity case she can move with the child wherever she likes. Your son should consult with a local family law attorney as soon as possible to protect his rights.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: any worried?

my wife and I moved from texas to Florida for a job relocation. her son, my step son, has a father that is now being difficult after the fact. she has a standard order of possession from the attorney general office of tx without any geographical restrictions. and also does not state anything about... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 3, 2019

Since you and you wife have moved to Florida with her underage son the courts of Florida are now able to assert jurisdiction over all issues involving the son--including adopting the Texas order you referred to. It might be helpful for you to consult a family law lawyer in the Orland area to advise... Read more »

View More Answers

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: can siblings take custody

My cousin D is under 16 his mom passed and his dad passed some years ago. So he’s an orphan. His mom remarried and D lived with his mom an stepdad. Would my cousin D get a survivors benefit or something similar to that? My dad mentioned this to me but I don’t remember the specific name. If my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 30, 2019

D's adult brother, you his cousin, or any other person (such as the stepfather) might petition the courts for custody. You should consult with a family law attorney for details.

1 Answer | Asked in Family Law for Florida on
Q: Can a 17 year date a 21 year old but the person turns 18 less than a month
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2019

So you are asking if a 17 year-old is allowed to date another 17 year-old (or perhaps whether a 17 year-old is allowed to date a 21-year old)? The short answer is: yes.

Or is "date" code for sex? That would be a different question.

1 Answer | Asked in Family Law for Florida on
Q: I received a form 12.910(a) Summons and I didn't respond between the 20 days. Its been a month already. What can I do? S

I received a form 12.910(a) Summons and I didn't respond between the 20 days. Its been a month already. What can I do? Should I go to court and make a letter? Basically the case is: My child used to leave with me and early this year she decided to move in with her dad! We both agree to do the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 26, 2019

You should file something with the court, even if you agree with what is happening.

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.