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Florida Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Hi, my ex is trying to move out of state with my son, we were never married or had any custody aggreements. What to do?
Rand Scott Lieber
Rand Scott Lieber
answered on Dec 29, 2023

Unless and until the father goes to court with a paternity case the mother is in full control of the child by default. Once in court, the movements of the child can be restricted by the court. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law for Florida on
Q: Son’s father was supposed to get him two days and failed to pick him up. Do I still have to give my son to him today?
Rand Scott Lieber
Rand Scott Lieber
answered on Dec 21, 2023

You need to follow what the parenting plan says. If it is the father‘s time then you have to honor it. You do not have to give any makeup time for missed days that are because of him. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Mother & father have 50/50 custody in Florida. Mother took child out of state w/out father's permission, hasn't returned

Father told the mother he did not approve of his child being taken out of state to go to California without his permission. Child is 5 years old. Mother got out of a DUI 2 nights before leaving the state abruptly. During the DUI investigation she had 2 kids under age of 5 in their car seats and she... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 13, 2023

You need to return to the court that issued the timesharing order (parenting plan). File a motion for enforcement/ contempt and ask for the children to be returned to Florida. You may also be able to pursue a pick up order. Because these issues can be fact specific and complex speak with a local... View More

1 Answer | Asked in Family Law for Florida on
Q: Is it ok for my ex to have my 11 9 and 7 yr old sleep in bed with him on his weekend since he rented out their rooms

He has a queen size bed I don’t want to get in trouble for not time sharing but this seems wrong

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 13, 2023

There is no specific law or rule on this issue. The court would rule based on the best interests of the children. On its face, what you are describing does not sound healthy for the children. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: How do I get my name off the title to a car my ex wife was given in our divorce? She is non compliant with the issue.

I have a local family attorney. He won't touch it. I have asked a few more local attorneys, all have declined to represent. As for the divorce decree does not state specifically that my name must be removed, an enforcement order won't work. The local DMV told me to go get my car, but I... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 6, 2023

If she will not cooperate then your remedy is to return to court on a motion for enforcement. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Can I get my ex husband parental rights terminated if he hasn't contacted or seen them in 6 months?

I have custody but he can only see them under supervision but he hasn't showed up

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 4, 2023

You need to distinguish between timesharing (custody) and termination of parental rights. It sounds like you already have 100% timesharing. A termination of parental rights would mean that you no longer receive child support. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Estate Planning, Real Estate Law, Family Law and Probate for Florida on
Q: Can the property of a minor be put into a trust with an appropriate court order?

Last year my daughter's father suddenly passed away. She inherited his home as well as a small mortgage.

Being the mother of the child I have been appointed as her legal guardian. The property has been put in her name and this is causing a ton of problems, for example most insurances... View More

Anita Nguyen
Anita Nguyen pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023

I'm unsure if you have already consulted with an attorney as of now. If you haven't, it is crucial that you promptly get in touch with a lawyer to receive guidance throughout this complex procedure. Moreover, the lawyer can provide assistance regarding any possible tax consequences. It is... View More

1 Answer | Asked in Family Law for Florida on
Q: I am 18 years old and living in a toxic household, will moving out without permission get me into any legal problems?

Is there any rules for this, especially in the state of Florida? If my parents go to the police, what will they most likely do and will i be forced to come back home, i really want out of this situation and i have a place to go to, trusted people to stay with and also a good income to support... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 2, 2023

Legally, you are considered emancipated at eighteen. If you are still in high school you will be expected to continue unless you formally drop out. Speak with a local lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Does there have to be a formal documentation of custodial arrangement?

A father is awarded custody of a child following a divorce. Since the father is in service at the time, temporary custody goes to the paternal grandparents pending the father's return from duty per the divorce agreement. Upon return the father never assumes custody, the child remains with... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 30, 2023

You need to return to the court that issued the most recent order on custody/ timesharing and ask for clarification (or modification) if the circumstances have changed. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: If my husband quits his job before I file for divorce, will that affect the amount of child support he will owe?

I have not filed for divorce yet but have told my husband I want one. He has now quit his high paying job and says he is looking for another lower paying job. Could this be an attempt to get out of paying so much for child support?

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 29, 2023

When a divorce is filed, any wage earner is expected to continue to earn at the same level unless the reduction in income is out of their control. Child support is based on each parent’s income. If a person becomes voluntarily underemployed then you can argue that to the judge. Speak with a local... View More

1 Answer | Asked in Family Law for Florida on
Q: My sister has custody of my children. I'm trying to file for divorce. Do I have to file with children or without

I'm doing the papers myself. And it keeps asking me questions that don't pertain to my divorce. I don't have custody. And neither does he. My sister has custody through the courts. They have lived with her for the past 8 years.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 27, 2023

You do not say whether there is a court order awarding custody to your sister. You should probably file "with children" and reference whatever the current custody arrangement is. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law for Florida on
Q: Establishing paternity case. If I was never married to ex is it still mandatory to provide long form financial affidavit

I have already provided, Credit card, Bank statements, W2s But my lawyer is also asking for a credit report. Everything I read on. This law states that it pertains to divorce or dissolution of marriage.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 21, 2023

Because a paternity case involves child support a financial affidavit is required. Long or short form depends on your level of income.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I am moving out of state. My children are staying in Florida with their dad. Can he legally deny the date I want to move

We are waiting on mediation and agreed I will have visitation rights. I originally put a date down for end of January because I didn’t know the date. It’s actually Dec 30. What do I need to do to ale sure I don’t get in trouble for abandonment? How do I change my move date?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 17, 2023

Since you are not taking the children with you, there should be no trouble with your moving when you plan to move. Just be sure you attend the mediation.

1 Answer | Asked in Family Law for Florida on
Q: Hi I would like to ask a lawyer a question in Florida ? If you marry somebody baby father and his baby mother decides To

Get jealous and put him on child support do they take money from my account too

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 16, 2023

Child support is based on each parent’s income. A new spouse’s assets and income are not considered income to the child’s parent. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: I have court order for a judgement that says I have a Credit owed to me in amount of 12,120.16. They refuse to pay.
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 15, 2023

There are lawyers that specialize in enforcing judgments. Unfortunately a judgment is just a piece of paper. If the person that you are pursuing really has no money or assets then you may not be able to collect. Speak with a local lawyer for more specific advice.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Communications Law for Florida on
Q: Can a lawyer in VA threaten to put someone in jail in FL if the person does not agree to terms under a civil case?

My husband is being sued by his ex-wife for non-payment of his portion of joint student loans that are part of his divorce decree of which he told her at the time he was not working when it came time for him to pay his portion and wanted to file for a deferment. Student loans show in his name only,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 15, 2023

If the divorce decree requires him to make certain payments, and if it can be proven that he failed to do that, he can be held in contempt of court. And if he is found to be in contempt of court he could be jailed. It's not clear whether the divorce decree is from Florida or Virginia.

2 Answers | Asked in Divorce, Family Law and Personal Injury for Florida on
Q: My first lawyer gave my case to his partner who was ill. No documents filed witness was not contacted. Statue ran out

My case was given to a partner in the firm without my knowledge, he refused to do anything to confirm orior knowledge of restaurant he refused to contact witness and would become very upset if I questioned him. I had to undergo surgery, I was in a wheelchair for months and yet I could not get... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 14, 2023

Your inquiry is a bit vague as to whether the first case is over with zero recovery, and if so, why. You seem to indicate that the statute of limitations period expired, but that issue likely has nothing to do with the issue of which witnesses should be contacted. You are also vague, ad to both... View More

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1 Answer | Asked in Family Law for Florida on
Q: Does my ex husband have to have a separate room or bed for our son?

My ex husband moved to a rent a room with his current girlfriend and baby. I am fine with the girlfriend just to get that out of the way. My thing is this is the second place he has had and our son sleeps in the same bed as them. I find it to be inappropriate. I would be fine if he had a separate... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 12, 2023

The legal standard if you go back to court is what is in the best interests of the child. Although there is no rule, an eight year old should have their own bed. Try speaking directly with the other parent first. Consult with a local family attorney for more specific advice.

1 Answer | Asked in Criminal Law, Family Law and Education Law for Florida on
Q: How should a parent approach a daycare for neglect?

The daycare is federally funded should the parent call the police and report it and pull out the child is that a criminal offense? Does the Director and her 2nd in command get in trouble or fired or brought up on charges.. they both are responsible for feeding the child via feeding tube connected... View More

Todd B. Kotler
Todd B. Kotler
answered on Nov 10, 2023

Start with a complaint to the police / Sherriff with jurisdiction over the daycare center. You should also make a complaint to the state agency that licences the center the Florida Department of Children and Families (DCF).... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I divorced 2yrs ago and was awarded alimony in Florida.

I recently entered into a supported relationship and verbally agreed to stop alimony. That relationship lasted six months. Can alimony restart being alimony was not terminated via the court? Unfortunately the loss in alimony has caused a detrimental loss to my living situation, to support me and my... View More

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

The answer will depend on what kind of agreement you entered into with your former spouse when you agreed to the termination (verbal, written, etc.). Since you did not file anything with the court then there may be a chance; however, your former spouse will argue that you reached an agreement and... View More

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