Florida Child Custody Legal Questions

   Dear Anonymous:   Even though your name is on the child's birth certificate, that does not establihs paternity in Florida.  It must be established by Court Order in a court proceeding.  Therefore, she had the ability to leave the state without your consent.  If it has been less than 6 months since she left, you can file to establish paternity in Florida, but you must have her served in Puerto Rico.  Whether or not the court will make her return ultimately, hinges on the specifics of the case. So, if you want to try to ge her to reutnr you need to file now.  At the very least you can establish time sharing rights- even if they are long distance.  Keep in mind that will  also result in a determination of child support.   Best of luck. Cindy S. Vova  ... Read More

What do you want to have happen? It's a complicated question. You don't indicate if the ex and the new guy are married, whether you have any contact or involvement with the child, whether you pay child support, etc. If you want rights with respect to the child, you have to take some action, like filing a paternity petition to have DNA testing performed, establish your parental rights if you are the father, establish timesharing, child support, etc. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

The very first thing that you need to do is have a full discussion with a family lawyer near you. The lawyer will try to determine if you have a good chance of getting temporary custody of the minor, by extended family. In the event that the father will consent, it will be easy, but if he will not consent, then you would have to prove, by clear and convincing evidence that he is unfit. I hope this helps.... Read More

   Since you have "evidence" by way of  text messages, then you have some proof.  Since I do not  know exactly what your parenting plan provides as far as communication, assuming your ex is violating this agreement, you can file a Motion for Contempt for Willful Noncompliance or a Motion to Compel Compliance with Parenting Plan.     Florida Statute  Section 61.13(4)(c) prescribes the remedies a judge may grant when a parent fails to comply with a court ordered parenting plan.  Although the secion deals principally with remedies when a parent denies the other parent timesharing, it may be applicable in your situation.  The entire section may be found here:  http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.htmldes      If the situation persists, you can ask the court to change the timesharing, giving you more time, but before you embark in this direction it is probably helpful for you to, at least, have a consultation with any attorney.     Best of luck to you,    Cindy S. Vova     Law Office of Cindy S. Vova, P.A.     Broward-Boca Raton     954-316-3496     info@vovalaw.com        ... Read More