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COVID-19 Florida Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Medical Malpractice and Wrongful Death for Florida on
Q: My father is in ICU in Orlando FL due to covid. He has been in ICU and on a ventilator since 8/28. He has a DNR, but n

But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... Read more »

Linda Liang
Linda Liang answered on Sep 27, 2021

It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... Read more »

2 Answers | Asked in Family Law for Florida on
Q: If me and my husband are only seperated, can i stop him from seeing our child because he is not vaccinated?

I fear for my 14 month old baby's life, my seperated husband refuses the covid vaccine and if he gets covid, he's putting my baby's life at risk. Can i stop him from seeing my baby unless he gets the vaccine?

Nicole Vette
Nicole Vette answered on Aug 26, 2021

If you disagree on time-sharing you need to file for divorce and ask for the court to order a parenting plan inclusive of a time-sharing schedule. I have never seen the court limit a parent's contact over not having the vaccine and do not think that is a likely outcome absent an extraordinary... Read more »

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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: Can I petition for custody of my grandson? Or at least try to get visitations established thru the court?

I had been raising my 6 1/2 grandson all his life. 100% by myself for the past 5 years with no help from his mother(my daughter) or his dad. 3 weeks ago his father showed up with his name finally on the B.C. & they also called DCF making outrageous false allegations concerning my 16yo son. The... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should consult with an attorney that can assist you after getting more information on your particular case. You could file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?

I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 28, 2021

In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Due to Covid I might not be able to live in my rented home, or home town.

In our family plan, it says it I cannot move more than 50 miles away. But he has moved over three times always in the 50 miles further and further. We’re almost at the furthest point we can be. I currently live in Miami I would like to move to Fort Lauderdale or maybe even south somewhere where... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

Relocations are moving more than 50 miles from where you lived at the time that the parenting plan was entered. The move is not 50 miles from the Father. This could lead you both to living up to 99.9 miles from each other if you each move almost 50 miles from the original family home. This could... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: Does he not owe child support due to COVID lockdowns and terms of the child support agreement?

Ex-spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. in lieu of paying to court, ex agreed to pay equivalent amount of per guidelines child support by paying child's insurance coverage (pretax from paycheck) & day/aftercare. Shortly after... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 19, 2021

You need to read your agreement carefully. He is not "off the hook." However, if the agreement says he pays the daycare directly and the daycare closed then he can argue that he does not have to pay. You may need to go back to court for clarification or enforcement. What he did or is... Read more »

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: My ex-wife was recently laid off due to COVID. Will this affect what I pay in child support?

No motion has been filed to make modifications to current child support. I just want to know what might potentially happen.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

No modification can be effective before a motion is filed with the court. Generally, a wage earner is expected to continue to earn at the same level as they have historically, even if they lose their job. If you are the payor and her income decreases it could actually mean that you pay less, not... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex is threatening to get my daughter taken from me because I allowed him to see her after courts said not to.

In 2012 my daughter was taken into foster care because my ex was abusive to me. They said if I can't protect myself I can't protect her. I was eventually reunified after doing victim's classes, parenting classes ect. He did nothing, so was never reunified. He went to prison shortly... Read more »

B. Elaine Jones
B. Elaine Jones answered on Aug 10, 2020

Your ex is most likely taking you to court in the family law division. The Court that entered the Order reuniting you and your daughter and denying your ex contact with you daughter was the dependency court. That case is most likely closed at this point. While it was not a good idea for you to... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Is the My issue is child visitation. How does state jurisdictions apply?

We have gone to Mediation and we have a approved parenting plan and I have 100% physical custody of my daughter while her gets visitation. I live in Florida, he lives in DC, my daughter went to see him for Spring Braek, Covid19 hit and she got stuck up there and now he wont send her back and says... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 15, 2020

No. I suspect that the District of Columbia has adopted the Uniform Child Custody and Enforcement Act, as Florida and just about all of the other states have. If so, the way it works is that, once the courts of one state have ruled on custody, the courts of the other states would abide by that... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Married for 13 years in Florida. Husband left the home 18 months ago. Still pays rent. Nothing more. He just filed for

divorce end of Match 2020. Our son called up his dad and asked to live with him as he was unhappy with his chores. He lives in Orlando. We live in St. Augustine(over 2 hours away). His dad came and picked him up 2 days ago. I didn't want to fight with them(abuse in relationship, scared).... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 29, 2020

If you cannot reach a resolution with the father then your only remedy is to go to court. It is unlikely in the divorce that the court would split up three children. However, you will both have a timesharing schedule defining when the children are with each of you. If he filed for divorce and then... Read more »

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What can I do about this?

My ex moved out of state to NJ during this outbreak of covid-19. We have two children together and I have primary residency here in the state of Florida. He has not notified the courts in anyway about his moving out of state. After a week of being moved he tells me over the phone that he was faxing... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

It appears that he has technically violated the visitation plan. If necessary, you can file a motion with the court which approved it (in your dissolution, I assume). If you seek to have him punished it will probably be a matter of proving how much of a health risk you have been during this... Read more »

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