Florida Child Custody Legal Questions

Violations of the Parenting Plan usually are litigated by an Enforcement of the Parenting Plan. Hire an experienced family lawyer to file the enforcement with the Court. Keep accurate records on all timesharing, so that it may be presented to the Court, as an exhibit, during the enforcement action.... Read Answer

Due to the frequency and extent of these violations, it may be time to hire a family lawyer to file a Civil Contempt on these violations of the parenting plan. Often, attorney's fees can be reserved by the Judge, should it be determined by the Court that your former wife violated the agreement, thus causing you to bring the matter before the Court.... Read Answer

As long as you have written consent from your grand daughter and the child has resided in FL with you for at least 6 months, FL may have jurisdiction.  The matter for which you are seeking advice may also determine whether FL will take jurisdiction. There are several arguments to be made.  ... Read Answer

 Dear Anonymous:    "Trouble" is a relative term.  Florida law requires that any pleadings filed with the court are also to be sent to opposing counsel or a party if the party is not represented.    Rather than concern yourself about trouble, just send a copy to the other attorney now. Most judges will be a little lenient with a pro se individual if you do not follow every rule.   SInce the lawyer already saw it  he will not be prejudiced that you send the papers now. Just make sure you send everything to the other attorney when you file papers in the future.  If you are efiling your documents, rather than mailing them, there is usually a box you can check when you file to ensure that the pleading is sent to the other lawyer.  However, the safest thing to do is to mail them as well.  Just indicate on the bottom of the pleading that you "certify" you have mailed the pleading to (name of attorney and address) and the date you are sending them. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com   ... Read Answer

Dear Ms. Hix:      There is no specific law that prohibits a father/daughter from sleeping in the same room.  However, that said, most judges I have appeared before would definitely consider this in  crafting any time sharing agreement regarding your daughter.  Certainly, if your husband continues to have a one bedroom apartment, as your daughter grows it does become inappropriate for a father/ daughter to share the same room.           Florida Statute 61.13 (3) and in particular subparts (s) and (t) are the provisions that most closely address factors that the Court must consider in awarding timesharing under the circumstances you describe .  Often a court will decide that a child needs his/her own bedroom, or that a parent sleep on a couch when the child is there, but a court will not ban timesharing just because a parent cannot afford or does not have a larger home.  It could, however, affect how much time a court orders for a child to  spend with a parent.     I hope this helps.    Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-96-2785 info@vovalaw.com            ... Read Answer

You need to consult with an attorney without delay.  Interstate custody disputes are governed by the Uniform Child Custody Jurisdiction Enforcement Act  (UCCJEA).   You need to determine the chilid's home state and if Wisconsin has jurisdiction to determine your custody matter.... Read Answer

  Lawyers are supposed to obtain a written fee agreement before undetaking representation so that misunderstandings do not occur.  The Florida Bar suggest this, but it is not mandatory.   The Bar does provide an arbitration panel to resolve disputes, but I think it would be better if you ask to have a sit-down frank discussion with the attorney before doing anything further.   What clients often do not understand is that it is difficult, if not impossible, to predict what a timesharing(custody) case or any family law case will ultimately cost as there is no way to know what the other side will do and the extent of the time that your counsel will have to devote to the case.  Clients should have this explained to them from the inception of the case.  Perhaps your attorney said it would cost a certain amount if the case settled at a certain point and it has not?    Again, the best thing to do is sit down with the attorney and have everything explained.  And if you do proceed, make sure you get a writeen agreement and bills each month!   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 954-316-3496/561-962-2785 Broward/Boca Raton info@vovalaw.com     Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca 954-316-3496/561-962-2785  ... Read Answer

Dear Anonymous:     Raising a child is an expensive venture and you should not have to go it alone.  So, if you decide to pursue collecting child support (which also requires establishing paternity) the biological father can try to establish time sharing with your daughter.  That does not mean he would get timesharing right away.  The Court must always consider the best interest of the child.    With that said, if you pursue child support through the FLorida Department of Revenue first, you will not have to pay for legal services.  Second, although for the past approximately 18 months, a child support cace through the Department of Revenue can address child timesharing (before that was not possible), the Court in a DOR case may only do so if both parties agree on a timesharing schedule.  If the father decides to pursue timesharing because an agreement could not be reached in the DOR case, he would have to file a separate law suit to do so in circuit court.  He could, but he doesn't sound  like he would make the effrort.  Only time will tell.   On a final note, you can receive retroactive child support for up to 24 months.  Therefore, if your child is just 2 years old, you should be able to get back support for the majority of time since her birth if you pursue this soon.   Best of luck to you, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

  For legal purposes, you need to have paternity established through the Courts, even if you are on the birth certificate.  You can file a Petition To Establish paternity  and, in the same court proceeding also set up a parenting plan and timesharing agreement.  Child support will also be established at that time.       You can find the form to establish paternity by doing a search of "Florida Family Law Forms- Establishment of Paternity.   Best of luck, Cindy Vova Law Offices of Cindy S. Vova Broward/Boca Raton 954-316-3496/561-962-2785    ... Read Answer

You cannot give away your children or their parents' responsibility to support them.  Every child in Florida has a right to be supported by both parents.  It is not the parents' right to give away the responsibility to support your child - it is your child's right to be supported.   Child support and child parenting time are two different issues in Florida - even if he never sees his child, he still owes child support.  If you believe your child is in danger with him, you can call the DCF abuse hotline:  800-96abuse.   Otherwise, take him to court for child support and ask for supervised parenting.  ... Read Answer

Dear Anonymous:        If and when you file a Petition for Divorce, you would have to include a request for relocation with the children.  FLorida Statute 61.13001(3) outlines the procedure to request a relocation when the other parent will not agree.        I have inserted portions of  the provisions of the statute below.  As you can see it is quite specific and, at the end of the day, these are the hardest decisions for a judge to make.  However, once you review the criteria, you will have a better idea of whether you may be successful in your request for relocation.  3) PETITION TO RELOCATE.—Unless an agreement has been entered as described in subsection (2), a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. The pleadings must be in accordance with this section:      ... Read Answer

   I can understand your concerns.  His past record may have some influence on the court- especially the drugs part.  Although you do not have direct proof, the court could appoint a guardian ad litem to interview your child and report to the court.  In certain instances, where the safety of a child is involved, a court may let a child testify, but you need special permission from the court through motions.  If the judge does let your child testify, it would usually be with a guardian present, and without either parent present so the child  does not feel she is tattling on one of her parents.    You can ask the court to have the father take random alcohol tests while he is with the child.  There are several devices on the market that allow immediate testing through the internet.  One is called Soberlink, which you can Google to find out more about it.     There are also other devices that won't let one start a car until they blow into it and the test is clear of alcohol.      This does get a little tricky to navigate without an attorney, but if you want to try, you would have to file a Petition to Modify Timesharing and state clearly what has changed (the child's safety) that would warrant a change in timesharing.  However, in the interim, you could file an Emergency Motion to Suspend Timesharing, and allege exactly what you conveyed in your inquiry.       I hope this helps.      Best of luck,      Cindy S. Vova       Law Offices of Cindy S. Vova, P.A.        Broward/Boca Raton        954-316-3496/561-962-2785     ... Read Answer

Dear Anonymous:    You  sound like a saint with what you have done.  However,  at present you do not have any legal rights to the child.  You should contact Child Protective Services in the County where you live, because they would have to recommend a dependency action be filed where, hopefully, you would be appointed as a foster parent of the child.   If the dad is as bad as you describe then eventually his parental rights may be terminated.  However, in the interim, you would have legal rights to have the child live with you and would probably receive some support from the state.  However, if you are not a foster parent now, it may require that you take some classes and go through various background checks.  The process is lengthly, but at least you would be on the right track to  legally have the child with you.   Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer

The first step is to determine which state has jurisdiction, meaning, did the grandmother obtain custody through court in PA or Florida, if PA then you will need to consult with an attorney in PA.  If Florida, then you need to obtain a copy of the court order to see if it provides for any visitation and/or restrictions, as well as requirements for you to complete in order to obtain custody of your son again.  Once you have complied then you can request the Court to reunify you with your child and terminate the guardianship with the grandmother.  The steps may be different in PA, so it is important to find out which state has jurisdiction. ... Read Answer