Florida Child Custody Legal Questions

Generally, in the absence of a court order establishing paternity, you don't have any legally recognized rights with respect to the child. However, the fact that he has been residing with you for the last five years will help you with your majority timesharing claim, but you need to file a paternity action and an action for return of the child under Florida's relocation statute as soon as possible. Do not just show up and take the child, it could result in your arrest and other complications. Consult with an experienced attorney to discuss the specifics of your situation and your options.... Read More

  Before you can relocate, you must file a petition for relocation.  There is a specific statute that must be followed to the letter of the law in filing this petition.  It is found in Florida Statute 61.13001.    Now as to the "odds" of whether the Court will allow you to move, you will find about 20 factors that the court weighs in making its decision.  One of the principal factors is whether the non-relocating parent will be able to still have meaningful timesharing once you move.    You state:   1) You are already 7 hours from where the father lives; and 2) the current timesharing will be reduced because your son is starting school.       So first, how much further will the father be from you once you're in Virginia, and  how would the child be transported to the father, what is the cost, and how long will the commute take?       Second, given that your child is starting school, what would the schedule be if you did not move, and can it be replicated with the move?      This is a situation where you really would benefit from consulting with an attorney.  He/she can give you  a better idea of your chances of success. Best of luck to you and thank your husband for his service to our country. Cindy S. Vova Law Office of Cindy S. Vova, P.A. Ft. Lauderdale/Boca Raton 954-316-3496 info@vovalaw.com  ... Read More

The general answer to your question is that in the absence of a court order, there is nothing preventing you from moving out of state. However, now that you files for child support in this state and have submitted yourself to the jurisdiction of the court, you would be prudent to comply with Florida's relocation statute first, before you relocate. Failure to do so could result in the court ordering that the child be returned to this state, with or without you. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

Dear Anonymous, Let's start with the basics.  You do not indicate that there is currently any type of court ordered timesharing in place, nor that you were ever married to the mother.  If my assumptions are correct, then first before you can have any legally enforceable time sharing with your son, you must file a Petition to Establish Paternity, a Parenting Plan, Timesharing and Child Support (yes, that comes with it too). You see, if you were not married when the child was born, you have to go to court to legally establish you are the father, even if that is not in question. There are forms available on line that can get you started if you search Florida Family Forms "Paternity."  Although you can file the case in the county where you live, she can request that the action be moved to her county.  Either way, once the case is filed, if you cannot resolve the issues through mediation or a settlement conference, ultimately a judge will decide.  Although I cannot predict if you will get all of the summers, or what other timesharing the court may award,  absent any findings that the child would not be safe in your care (and, again, I am assuming this is not an issue) then you will get timesharing- and likely a good chunk of the summer as well as other times as well.   You may wish to at least have a consultation with an attorney to get started as it will make navigating the waters to do this a little easier.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 954-316-3496 info@vovalaw.com... Read More

   Florida law provides that parents may move 50 miles from where the lived at the time an order establishing time sharing is entered.  You say you moved 15 miles away, which is allowable.  If the mother moved 60 miles from where she used to live, she has violated Florida Law by not filing for relocation pursuant to Florida Statute 61.13001.  So, if  the child's mother has violated this provision, you can file to have the child returned back within the 50 mile radius.  This is an oversimplification, and a full exploration of your situation requires more facts and more time.  However, if she has moved more than 60 miles, she has violated Florida law and you are not going to lose your timesharing rights because of her violation.  Stand up for your rights.  She may ultimately be granted the right to the reolcation she already did, but the court will adjust timesharing so you still are able to spend meaningful and quality time with your son.  However, you have to file a Motion to hold her in contempt or for return of the child to get before the court. Best of luck, Cindy Vova Law Office of Cindy S. Vova info@vovalaw.com 954-316-3496 ... Read More

Dear Anonymous:     Unfortunately, when child support is established, particularly if it is through the Department of Revenue, time sharing is not established.  You will need to file a separate action in Circuit Court,  asking for a determination of paternity, a parenting plan and timesharing.    Although there are forms available on the Florida Bar website, you would benefit from speaking with an attornew who could assist you in navigating the legal process. Best of luck to you, Cindy S. Vova Law Office of Cindy S. Vova info@vovalaw.com     ... Read More

  Dear Anonymous:     Yes, you have the right to seek child support from the child's father.  My suggestion is that you contact your local child support enforcement office, as they will be able to assist you in pursuing an action against the putative father.     Best of luck.      Cindy S. Vova       Law Office of Cindy S. Vova,       info@vovalaw.com... Read More

Child support is not calculated based upon who makes more money. Child support calculations can be difficult to understand, but basically the net incomes of the parents are combined and then a chart dictates the base minimum child support amount, to which is also added the cost of the child's health/dental insurance premiums, and after school care/daycare/Summer camp, to reach a total child support need amount. In a 50-50 timesharing arrangement, the number of overnights exercised by each parent is also factored into the "gross up" child support formula, and then each parent's proportional share of the total child support need is offset against each other, with the difference being paid by the appropriate parent. You can take a look at Section 61.30, Florida Statutes, to review the specifics of how child support calculations are made. Consult with an attorney to discuss the specifics of your situation and your options.... Read More