Florida Child Custody Legal Questions

Every day people ask questions like this to attorneys without getting all relevant documents available for the attorney to read. Surely, there are some sort of legal documents in this matter and I would need to read them to be able to answer your question. The best thing to do is to take all relevant documents to an attorney for a full discussion.... Read Answer

If both of you are in agreement, it can be resolved amicably. However, multi-jurisdictional cases like yours, especially international ones, can be complicated and should be handled by an experienced attorney in such matters, who has particular experience with Hague cases. The money spent now may potentially save thousands from having to be spent in the future. Consult an attorney to discuss the specifics of your situation and your options.... Read Answer

If you do not have his written permission to return to the UK with your daughter. He can file a divorce and get it ordered that you must return the child. The very best thing to do, since it appears that you might have an uncontested divorce, is to have a full discussion with a family attorney.... Read Answer

You should have, and probably still could file a paternity action to establish your parental rights with respect to the child, including timesharing, parental responsibility, child support, etc., and may be able to address the relocation of the child as well. Consult with an attorney to discuss the specifics of your situation and your options.... Read Answer

  It depends.  A guardian ad litem may be appointed by the court to interview the children and then report to the court.    Usually the party wishing to have a guardian must file a motion requesting same from the court. Another method to allow children to testify is under Florida Family Law Rule 12.407.  That rule states that a party must file a motion with the court to allow the children to testify "for good cause shown."  This will depend on the age, level of maturity and  issues that the party wishes to have the child testify about.  Each case is looked at iindividually.   I know some judges who will never permit a child to testify and others who are more receptive.  Nonetheless, one should never bring the child to court for any purpose, much less to testify, if  there has not been prior court approval. Keep in mind also what I have heard from adults who testified in their youth in their parents' cases.  They have told me they are still traumatized by the experience of having to pit one parent against the other.  Remember, we the adults create the situation.  Children are the innocent "victims" of our issues. 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

Your questions require a detailed analysis. I know only what you have written, and although it causes concern, the concerns must be based upon many more facts than you have provided. In other words, you have not given enough information for a solid answer. Go to see a local dependency lawyer for a full discussion.... Read Answer

   You claim your parents "stole legal custody."  Not sure what that means.  Did they have a court order?  If so, then you will have to return to court to address the "temporary" nature of the action.  I suggest that you do, in fact, need a lawyer, because with the facts you presented it is unclear whate the legal posture of the case is at this point.  Further, such cases are complicated and an attorney would be able to sort out the fact and law to determine the best course of action to take.  Also, if the court proceedings were in Florida, then you should consult a Florida lawyer.  If they were in New Jersey, an attorney in that state should be contacted.  You should also ensure that you take action in less than 6 months from when the "custody" chaged, as it could influence what state has jurisdiction over the matter.   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

 A mother can put anyone's name down as the father of a child...even Mickey Mouse if she were so inclined.  However, merely having a father's name on a birth certificate does not establish paternity under Florida law.  Paternity must be established through a court proceeding which also involves establishment of child support.   In the interim, I suggest you register with the Florida Putative Father Registry- link below http://www.floridahealth.gov/certificates/certificates/birth/Putative_Father/index.html Iin so doing, should anyone else seek to establsih paternity of this child, or attempt to adopt the child, a required search of the Putative Father Registry will indicate your claim, and you will be required to be notified of any such action so you can have a seat at the table.   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

You have many, many questions and should go to see a local family lawyer for a full discussion on what is best and what needs to be done. Child support would be calculated pursuant to a statute and there are a number of factors that we must know to calculate it. Yes, he would probably come to where you and the child reside for visitations. You cannot actually file a paternity case until the child is born, but you can get the ball rolling now so that can be done immediately. Yes, you should document everything that you can regarding his income from all sources, and one good way of showing that is to know what all the bills are and how much they are on a monthly basis. It will not be easy to change the name to the future husband's name, you would have to get the written consent of the father. It seems to me, from what you have said about his income, that the child support will be very high.... Read Answer