Florida Child Custody Legal Questions

You don't provide enough information to properly answer your question, but generally, Florida has a relocation statute which must be strictly adhered to, or the child/children could be ordered returned to the original county in which they lived and to the custody of the non-relocating parent. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

In order to modify a parenting plan / time-sharing schedule, you would have to show that there has been a substantial, material, and unanticipated change in circumstances since the entry of the original parenting plan/time-sharing schedule and that the proposed modification is in the best interests of the child. That is not an easy task. Also, you cannot just waive child support; both parents have a legal obligation to financially support their child. You should really consult with an attorney on the specific facts of your case to see if you have enough for a modification. All the best. ... Read More

   I am sorry to hear about your daughter.The easiest method to obtain temporary custody is through  Chapter 651 FLorida Statutes .  It allows temporary custody by an extended family member on a temporary basis.  It continues until such time as the paretns file an action to terminate the relationship.      If the parent(s) agree it is a relatively easy procedure.   Best of luck, Cindy S. Vova Broward/Boca Raton info@vovalaw.com... Read More

  To do this properly you need to file a petition for temporary custody of the child by extended family member . Yes, you will need to pay the filing fee and go before the court.  You can find the necessary forms  12.970 (a) google Florida Family Law forms.  Hopefully, you can do this following the directions and then contacting the assistant for the judge that is assigned to your case. Best of luck, Cindy Vova Law Office of Cindy Vova, P. A.... Read More

You don't indicate why there is no custody agreement or child support arrangement, but it seems like this would be the appropriate time to formalize things so that you have a court order in place in the event that the father refuses to return the child, especially across state lines. This may something that you will be able to accomplish amicable, since he is now seeking to have timesharing with the child, which you do not oppose. Technically, in the absence of a court order and if you were not legally married to the father, as the birth mother you are the only person with any legal rights with respect to the child. That said, an interstate custody battle over a child is the last thing you want. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

Well, you cannot hire an attorney according to you, so there is not much you can do without one, except to accept the way things are. If an attorney were to represent you, there might be a possibility of getting the whole thing set aside if it was the product of fraud, duress, coercion, or overreaching.... Read More

  Unfortunately, these situations are always difficult.  However, your parenting plan should specify how and when the parties are to communicate.  If it does not, you can return to court and ask the judge to include communication provisions.  I can also suggest using a program called Talking Parents.  Everything is done through an on line platform that shows when parties login, respond etc.  Courts will usually allow these transcripts in a hearing to show when and how (or not) parties communicated.  As to child support, run, don't walk to child support enforcement in your county and ask that they act as the central collection  for the support.  They may also be able to asssist you with the arrears due. Best of luck, Cindy Vova Law Office of Cindy S. Vova, P.A. 954-316-3496/561-962-2785 info@vovalaw.com  ... Read More

  Under Florida Statute 61.13001, any parent (who has a parenting plan/timesharing in place per a court order) must notify the other parent if he/she intends to move more than 50 miles from where he/she lived at the time the last order regarding timesharing was entered.  If the non-moving parent agrees, then the statute describes the details that must be included in a written agreement, that must be signed by both parents, and then submitted to the Court for ratification.  Then the parent would be free to move. If the non-moving parent does not agree, however, then the parent who intends to move must file a Petition for Relocation typically before moving. A portion of the section states: (3) PETITION TO RELOCATE.—Unless an agreement has been entered as described in subsection (2), a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child.    The requirements of the section follow in the statute, which can be found at : http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html.      It appears that you have already relocated, and you would benefit from consulting with an attorney.   Otherwise, in the absence of filing a proper petition, the Court can order you to return with the child, or order that the other parent have the majority of timesharing with the child.       Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Plantation/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com   Cindy S. Vova Law Office of Cindy S. Vova, P.A. Plantation/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com... Read More

No, you cannot just pick up and move to another state. Were you married to him? If you were not, then you have sole parental responsibility, and he has no rights, unless a court determined what his rights are. If you move, you might violate the relocation statute if you go without a court order or his written permission. You have not given enough information here, so it would be best to have a full discussion with a family lawyer near you.... Read More

There is a pending divorce and you will need to get an attorney and also go to court. Perhaps an experienced attorney will be able to negotiate a resolution without going to court. One of the main factors that the court uses in making determinations about what to do with children is the willingness and ability of the parents to foster a close and continuing relationship between the child and the other parent. He does not seem to be following that principle from what you have written.... Read More