Florida Child Custody Legal Questions

You don't indicate whether there are any court orders in place that determine parental responsibility, custody, or govern timesharing between you and your husband, but if there are, the court's order would absolutely control. If there is no court order establishing parental responsibility, custody or timesharing with the child, then it may be possible depending upon your specific circumstances. It would NOT be advisable for you to just take the child. The better course of action would be to file appropriate pleadings with the court and seek a determination of parental responsibility and timesharing, among other things. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

If the two oldest have attained the age of 18 years, they can do whatever they want regardless of what their father may say or tell them. As for any children younger than 18 years, their father would have the absolute right to take them with him and make decisions for them. It may be helpful for your sister to prepare a Designation of Pre-Need Guardian, a Will, and other testamentary documents that provide for what she wishes for her children if they are still minors when she passes, but that is not generally going to be upheld against the wishes of the father. If he is truly unfit, it may be preferable for you to approach him regarding taking the kids and see if he will agree. If not, you may need to get the Dept. of Children and Families involved. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

Surely, there is much more to this than one sentence. You need to have a full discussion with a local family attorney. If the child is in danger, you do have grounds to step in, not necessarily rights, but reasons to file perhaps a temporary custody case, and if the parents will not consent, then you would have to prove by clear and convincing evidence that the parents are unfit.... Read More

Generally, there are no bright-line laws controlling this issue. As to what may or may not be appropriate, that is a different issue from a legal one. Depending on the size of the room, there may be nothing wrong or inappropriate with the three boys sharing a room. As for whether or not the 5 year old girl should share a room with them as well, it may be legal but not necessarily appropriate. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

You do not provide enough facts for an in-depth response. Generally, if you had a child out of wedlock and there is currently no Order regarding time-sharing, then the mother, by default, has all the rights to the child and all the decision-making authority over the child. For a father to have rights to the child, the father must commence an action for paternity. It would truly serve your interests to consult with an attorney so that all the pertinent facts can be addressed and a specifically tailored response can then be rendered. All the best.... Read More

You currently have a legal obligation to financially support your child. However, apart from your obligation to pay child support, you do not have any rights to the child until you pursue an action for paternity since, by default, a mother of a child born out of wedlock is presumed to have all the time-sharing rights and decision-making authority over the child. Thus, it would truly serve your interests to pursue a paternity action right away. All the best.... Read More

In order for you to get any rights to your children, you would have to pursue an action for paternity. Until that time, your girlfriend, by default, has all the rights (time-sharing rights) and decision-making authority over your children, including the right to keep them away from you. So I suggest that you move forward with a paternity action right away. Good luck.... Read More

Generally, the parents of a minor child are responsible for supporting them until they attain 18 years of age, graduate from high school, lawfully join the military service on active duty, lawfully marry, die, or become otherwise emancipated. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

You don't indicate whether you have his consent in writing or not, and if not, whether you made any attempt to comply with Florida's relocation statute. The best course of action would be to institute paternity proceedings against him to establish his paternity, as well as parental responsibility, child support, a parenting plan, timesharing, and addressing other issues. It may be that by virtue of your having moved for three years now, that jurisdiction of your action would be where you are presently living. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

The very best thing for you to do is to have a full discussion with a local family lawyer. If you were not married to the boyfriend, you make all the decisions regarding the child, and already have sole parental responsibility unless and until the boyfriend gets to court and has his rights established with a paternity case.... Read More

If you have an order establishing child support, it is more likely than not that the court addressed paternity of the child, and probably timesharing (custody) unless what you have is an administrative support order only. Get a consultation with an attorney to interpret your court order for you and to discuss what rights it affords you. Also, Florida has a relocation statute which is generally strictly applied. Non-compliance with the relocation statute may result in your having to return the child to the jurisdiction, and to the other parent if you do not return as well. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

If you leave the state under these circumstances he can get an order entered by the court which commands you to return the child to the state of FL. He has apparently been determined to be the father, otherwise child support would not have been ordered, and in order to be able to leave the state, you must get his written permission or a court order first. Of course, I need to know a lot more about your case to be sure, so go see a family lawyer about this for a full discussion.... Read More

Generally, you'd have to bring an action against your parents for emancipation of a minor. However, as a practical matter, by the time the matter was heard by a judge, you'd either already be 18, or almost 18 anyway. You may want to try having your sister or another adult with whom your parents are friendly, or your clergyman (priest, rabbi, minister, etc.) attempt to have a discussion with your parents on the subject. Consult with an attorney to discuss the specifics of your situation and your options.... Read More