Florida Child Custody Legal Questions

Mr. Wadsworth:    To answer your question requires information as to what type of evidence you wish to present.  If you want to get in records from a a business you may need to subpoena a records custodian.  If you wish to get in a police report, you may have to subpoena a police officer, although parts of the report may still be considered hearsay.   "Hearsay," without presenting an entire law school class on evidence, is an out of court statement or declarations offered in court as evidence to prove the truth of the matter asserted.  In other words, you cannot bring in an affidavit of a person and offer it into evidene, because the opposing side cannot question that piece of paper.   So, usually, getting in this "hearsay" requires subpoenaing the individual who made the statement.  There are online forms for preparing a subpoena.  Once prepared, you must take the subpoena to the clerk of the county court to get it issued (althoug a lawyer may issue a subpoena too) and then have the sheriff or a private process server, actually deliver the subpoena to the witness to appear in court.   Hopefully this provides some guidance to you.    Best of luck, Cindy S. Vova Law Offices of CIndy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-965-2785 info@vovalaw.com       ... Read Answer

    Under Florida law, even if the "father" is on the child's birth certificate, he is not technically the "legal" father until there is a court order establishing paternity.  In the absence of the establishment of paternity, this man does not have any "legal" rights to your son.     With that said, I cannot tell you what thet law is in North Carolina.  If the child was with him in Florida I would simple suggest you go and pick him up, or contact law enforcement and ask them to assist you.  But I cannot tell you if that would be effective in North Carolina.  However, it does not appear that the man has established his legal rights to retain your son in North Carolina.     The second issue is that if you are unable to use the simple method above, if the child has been out of the state of Florida for more than 6 months (which it appears he has) then Florida will likey no longer have jurisdiction to entertain a Petition to return the child to Florida with you.  There are some exceptions under the Uniform Child Custody Jurisdiction Act, but that transcends what can be answered in this forum.  I would suggest you first contact a North Carolina lawyer and see what the law is on this up there.  Perhaps that attorney could assist you in contacting law enforcement to see if they could help without court intervention. 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

I completely agree with you. You should stay in the child life. Even if you have to make child support payment of $100/month or more you should, to establish yourself as a responsible father in the court eyes. We can certainly try to help you evaluate your options within your budget. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer

Any court order, parenting agreement executed in court, is enforceable in all 50 states. If your nephew is not able to see the father and the child mother is violating the court order, your brother can hire a lawyer in Kentucky to enforce the parenting order. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Kentucky.... Read Answer

You need to speak with a good Child Custody lawyer and file a petition for Temporary Custody and retrieval of the kids from his residence. An attorney can best assist you directly. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. Child Custody cases are not cheap and with our knowledge, skills, competency and aggressive nature for fighting tooth and nail for our clients and their families. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options.  Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Florida.... Read Answer

Hello, over state cases are very complex and tiring. Did you get an attorney in Texas to monitor and go through the case? If not you should consider hiring an attorney that can help you do all this without having the need to go there.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in Texas. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Texas.... Read Answer

During the time the child was away from you, did you contribute time and effort in taking care of the child, even if it was once a month or once a year? Does the child recognizes and acknowledge you as a mother? Can you demonstrate to the court that you have a parent-child relationship, through pictures, or any kind of records like you took her to the doctor, sent gifts, or etc? Even if you don't we can still reunite you with your daughter. It might get a little expensive but hey, it's your child. I will need more details about the case to better assess possible options. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in Florida. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Florida.... Read Answer

You might be able to file for visitation. But you should use a lawyer since they already have a pending case. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read Answer

    You should try to get in touch with DCF and/or the courts in the county where the case is pending.  Typically when children are taken from parents there is a hearing to detemine if there is another relative who the children could be placed with on a temporary basis.  Apparently, your name was not given.  The problem is that these dependency hearings are sealed files where you cannot access them by simply going to the courthouse.  That is why I suggested contacting DCF and perhaps they can advise you when another hearing is set, and you can find out more at that time-or hire an attorney to do this.     The problem is that in Florida grandparents do not have visitation rights, absent circumstances such as you mention where grandparents are given temporary custody.  Make the call as soon as the new year starts and maybe you will have some success.   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 Anonymous:        Unfortunately, until you parental rights are legally established through the paternity proceeding, the mother of the child has no legal constraints on moving.  However, with that said, the judge on your case may not look very kindly on her that she made the move during the pending proceedings.         Now, the fact that you've never had a hearing could mean many things.  Have you requested a hearing from the Court?  Every judge has different procedures for obtaining a hearing, and the procedure for the judge you have may even be on line.  Otherwise, call the judge's judicial assistant and ask what the proceudre is to get a hearing date to have your case heard.       As to where the mother moved, typically a parent can move within a 50 mile radius of where he/she lived when the proceeding began.  Since I do not know how fat the mother moved, she may still be within her rights.       Once you get a hearing date...or if you have difficulty getting that hearing date, it would probably be a good investment to have, at least, a consultation with an attorney before going to court.    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 info@vovalaw.com  ... Read Answer

Dear Ms. Charles:     You should file an Emergency Motion to Suspend Father's Timesharing, alleging the fact that you set forth in you question.  At the same time, you might also want to file a Supplemental Petition for Modification of the original Final Judgment for the same reasons.     Make sure you state that you fear for your child's safety, and site all of the incidents involving the cocaine abuse.  You should also consider whether there is anyone you know and trust who could supervise timesharing in the interim. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com... Read Answer

Your situation is common. The way to resolve matters like this is by hiring a private attorney. I cannot change that for you. If you do not get an attorney, you basically lose. If you do not get the father's written permission, you cannot move. If you move anyway, the court can enter an order saying that you must return the children to Florida. We do not allow 14 year olds to decide anything about custody. You can be held in contempt and sentenced to 6 months in jail for not forcing the child to visit. Get counsel.... Read Answer

Generally speaking, if you have shared parental rights and responsibilities with the child's father, that means there must be joint decision making on all major matters concerning the child's health, education and welfare.  Howver, in an emergency situation, either parent may likely be allowed to make a decision on thier own, and immediately inform the other parent, after which joint decision-making should resume.  If it is not an emergency, but the treatment is still medically necessary, and the other parent is unreasonably not agreeing, then a motion must be filed with the court to allow the treatment to take place.  If you were to proceed with treatment without the other parent's agreement, then you run the risk that the other parent will not pay their fair share for the treatment, and might possibly file their own motion alleging that you violated the joint decision-maiking requirements of shared parenting. Ultimately, regardless of which parent files the enforcement motion, if the court agrees that the treatment was medically reasonable and necessary, then the court likely will not sanction you for going forward over the father's objection and will require the father to pay his fair share for the treatment.... Read Answer

   Typically, the supervisor's duties are outlined in an order that appoints the supervisor.  If you are in doubt, you should either get clarification from the court, which the Mother can request by filing a motion and/or get clarification fro the opposing attorney or party (if there is no attorney).     Whatever you do, if it is unclear in the original order, I would suggest you get the clarification in writing.  That way,  it leaves nothing for interpretation.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785    ... Read Answer

 As it appears that the safety and well being of your children is at issue, you can file a Petition for Protection against Domestic Violence On Behalf of your children (OBO) if she has had incidents where she is under the influence of drugs/narcotics while she is with the children.  The intake clerk can help you with that in your county's domestic violence division.  You should be aware that if the children come into harms way while with your wife and you have not taken steps to prevent this, there is the possibility that the case ends up in dependency court...and that is where the court takes the children away from both of you  if you do nothing to protecct them    Although this should help now, under the circumstances you described, perhaps you should consider a divorce.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer