Florida Child Custody Legal Questions

Dear Anonymous:      For situations where a child is under 6 months old, Florida Statute 61.503(7) provides that the jurisdiction is where the child has lived since birth.  Accordingly, if you have your baby in Florida, and stay in Florida, then Florida will have jurisdiction ecen if the child is under 6 months old.       The father does have a right to commence a paternity action regarding this child.  I would suggest that you consult with a family law attorney in advance of your child's birth so that you can relay your concerns and the attorney can best tell you how to prepare for the action that the father states he will file.         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

If there has been no court case regarding custody or time-sharing then she can relocate out of state.  This does not mean that the father of the child will not or would not be able to pursue time-sharing in Florida as Florida would be the court of proper jurisdiction at this time. ... Read Answer

This will not qualify as an emergency since you have not seen the kids in over a year. The best way to handle this is to file a Supplemental Petition to Modify the FJ. Ask the Court to appoint a Social Investion and then establish a new Parenting Plan. You may need to hire a Private Investigator to conduct a "skip trace" or "locate" on the Father to have him served. Hope this help, Chris Ragano, Esq.... Read Answer

The only way to have any legal input in this situation is to have a legal establishment of paternity with a time-sharing plan that is approved by the Court.  At this time you do not have an enforceable time-sharing plan, although it has been working thus far.  As for the new person with the violent felony convictions, she can date whoever she wants and the Court will not prohibit her from dating this person.  The focus is whether this person is around your child and if there is any violence between your ex and this person.  If there is violence then you would want to file an action to establish paternity and time-sharing for which you can work to have your child out of that situation.  ... Read Answer

as an unmarried mother, you already have full custody under the law, unless he makes some move legally to obtain his rights to the children thorugh the courts - but, you really need to be asking for child support- that is your child's right - to be supported by both parents - and that would likely bring in the court so you might not do that oficially either. ... Read Answer

It seems that you have not been properly informed by the Court on many issues regarding this matter.  You are not mandated to attend the Judicial Review hearings, as they are in place to review the child's placement and well-being including any services he or she may be receiving along with the parents' compliance on their case plan tasks.  You may have limited access at this time, but if you follow through with the therapeutic visitation and other case plan tasks, then you could be reunified with your child and no longer pay child support.  The child support is put in place because the caregivers (aunt and uncle) are required to apply for child support in order to receive funds from the State for your child's needs.   Additionally, if you choose to only visit your child and not complete the case plan, then DCF can petition the Court to terminate your parental rights and allow your child to be adopted by whoever the Court approves.  You have a limited amount of time to comply and if you choose not to attend the various hearings then you may end up with your rights terminated and your child adopted.  I recommend attending all hearings and consulting with an attorney.... Read Answer

If your son moves in with his father then the father can petition the Court to modify the child support based upon a substantial change in circumstances which is the change in where the child resides, unless the time-sharing remains the same.  If the Father takes no action then you will continue to receive the child support, but that money should be used for your son, as the Court intended. ... Read Answer

   Dear Anonymous: You mention that you are in the process of a divorce.  Has it been filed yet?   Timesharing ( it is not called "visitation" or "custody" in Florida any more) is addressed in divorce proceedings and as long as the child is in the same state typically the "venue" (what county the case is filed in) for a divorce proceeding is the county where the parties last resided as husband and wife.  However, with that said, one can file to move the venue to another county if it would be more convenient for the case to proceed there.  For example, the children's schools, friends, doctors, witnesses, etc. are located where you are now living. It is at least worth a try to attempt to move the venue.  Best of luck, Cindy S. Vova Law Offices of  Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496... Read Answer

I agree with you that you have been abused - esp. because of your mother's being bipolar and she may not be taking her medication properly or not at all  - you should talk to a counselor at school.  For immediate help, you could call the Flroida Abuse Hotline and report to them about your situation.  Their number is 1-800-96ABUSE.  They will help you.  ... Read Answer

Is he this child's father born during this marriage?  If so he has rights to this child, however you do not to give the child over to him if you believe he would be in danger.  Dad can file for parenting time, where he will get a court order for parenting and child support.  You can file for child support, divorce, parenting, as can he.... Read Answer

Based upon the information you have provided, it shounds like your custody with your paternal grandmother was done through DCF in a permanent guardianship.  IF that is the case, then the DCF court will have to be involved in any change of legal custody from the paternal to the maternal.  Since grandparents do not have rights in Florida, it may be quicker for a call to be made to DCF to report the inabiliyt of your caregiver to provide care for you and that your father is residing in the home and continues to be involved with substance abuse issues.  The call to DCF's hotline will provoke an investigation and then your case may be re-opened with a change of placement from your paternal to your maternal, assuming the Court and DCF approve of your maternal grandparents.  If you do not get anywhere with that process or are not able to proceed that way.  You can always write a letter to the Court which may result in the Court setting a hearing to address the issues and concerns with your current living situation. ... Read Answer

Generally, the Court retains jurisdiction over the case and children in most dissolution or custody matters to enforce or modify orders, including parenting plans and time-sharing.  Additionally, parents are not allowed to move out of state with a child once the Court has jurisidction over the child unless there is a modification of the time-sharing and parenting plan and court approval.  With that said, if the mother relocates with the child without permission then she will be in violation of the court order and you can proceed with a motion for contempt and enforcement of the time-sharing.  If the Judge does permit the mother to relocate and the time-sharing is changed, based upon that relocation, then there will no longer be a 50/50 time-sharing, thus the child support will then change, and so if the child is with the mother the majority of the time then you will likely end up paying more in child support and see your child less.  I would suggest consulting with an attorney to review all of your options and the possible outcomes. ... Read Answer

   When a married couple splits up and has children, until there is a court order for timesharing, techincally both parents have equal rights to the children.  Although your texts regarding a  schedule may bear some weight in front of a judge,  again there may be reasons why a verbal or "texted" agreement should not continue.  For example: when he doesn't get his way he damages your property-those could be grounds for a domestic violence injunction against him.  Another, for example, is he lives with a person with a substance abuse problem and it could be harmful to your children, especially if that person is around the children when your husband is not supervising.    What you need to do is get in front of a judge to establish a time sharing schedule, or at least a temporary schedule.  If the divorce is filed already you can request  a hearing in front of a judge to do this. However, you must first file a motion requesting what you are seeking to have the judge do.    Belows is a link to some forms that may assist you with the motions.  Some counties have personel who can help you with this as well.  Once you file the motion then you should call the judge's office, speak to his or her judicial assistant, who should be able to help you schedule a hearing. https://www.flcourts.org/core/fileparse.php/533/urlt/947a.pdf   Good luck, and don't be bullied!  The kids  are both of yours, but not sure why you'd agree to a schedule where he has them more than 50% of the time.   Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com... Read Answer

Unfortunately, Mr. Daniels, there is a presumption that the husband of a woman who gives birth is the "father" of the child.  This is so under Florida law even if everyone knows that the husband is not the biological father. However, if the now ex husband does not want to continue to pay child support, especially if he knows that the child is not his, he may want to disestablish paternity.  If you then want to step in as the father you may be able to do this.  Again, this is complicated as it is more difficult, and sometimes not possible, to disestablish paterntiy after the divorce.    THe "new" man  cannot become the "father" as a matter of law unless both  bio dad and legal dad relinquish their rights.   Cindy Vova Law Office of Cindy S. Vova, P.A. Plantation/Boca Raton    ... Read Answer

There are a number of factors that will likely be considered in this scenerio.  First, is whether you are currently involved in a DCF case. If so, then DCF could possibly remove the baby as well if they believe the baby to be at risk.  If there is no DCF case and no other issues arise at the birth then the baby should will not likely be removed.  ... Read Answer