Florida Child Custody Legal Questions

       First and foremost, register as the putative (presumed) father with the Florida Putative Father Registry.  This is the link :http://www.floridahealth.gov/certificates/certificates/birth/Putative_Father/index.html.  It costs a few dollars and you can get the form right on line.     The registry is designed to permit a man alleging to be the unmarried biological father of a child to preserve his right to notice and consent in the event of an adoption.  Without this, the mother could have another person adopt the child and you'd have no rights.    Next, you need to file a petition to establish paternity with the circuit court.  THIS IS ESSENTIAL AS IN THE ABSENCE OF SAME YOUR RIGHTS AS A FATHER WILL NOT BE ESTABLISHED.  DON'T WAIT....    Of course, along with establishing your rights as the father comes  your obligation to pay child support.  However, if you wait for the mother to pursue child support through the Department of Revenue and you get served, you will still have to file a separate case to establish your parental rights and to get a time sharing schedule.  So now is the time.   Although you can do this on your own, you are better off at least consulting with a family law attorney so you can get an overview of the process as it applies to your case, and then decide whether you should retain an attorney to represent you in the case. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Offices in Boca Raton and Broward County 954-316-3496 info@vovalaw.com      ... Read More

  An appeal must be filed within 30 days of the time a judgment is rendered by the court. I assume that more than 30 days has passed since you indicate you already have timesharing every other weekend,  and you want more time.  As such, you would have to file a Supplemental Petition to Modify (whatever the judgment was that gave you the every other weekend timehsharing).   However, in order to be successful in filing a modification petition, you must allege and prove that there has been a substantial change in circumstances since the original order was entered, and, in addition, that this change is in the best interest of the children.  Unfortunately, it is a very difficult burden to prove and succeed.  You would probably benefit in meeting with an attorney for a consultation in advance of proceeding on your own.    As an aside, we do not use the term custody any more in  Florida.  Parents typically have "shared parental responsibility," which means both parents are supposed to discuss major decisions for the children.   Good luck to you. Best wishes, Cindy S. Vova Law Office of Cindy S. Vova 8551 West Sunrise Blvd., Ste 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com,... Read More

  Unfortunately, grandparents do not have legal rights in Florida.  However, if the children are subject to abuse, abandonment or neglect, you can ask your local child protective services agency to investigate the situation.   These investigations are confidential, but it may give you some peace of mind to make the call.    A situation must be very dire for a governmental agency to remove the children from a parent, but if they do, then the courts look first to a blood relative to place the children, on a temporary basis, for their welfare and safety.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com   ... Read More

   It sounds like your parenting plan is pretty specific.   If it is worded as you say, it seems to specify that you are to be provided with this "proof...before she leaves" your "custody."  That language should protect you if your ex does not comply.    Since you also say you are fine with her going, then to quell your concerns, why don't you email the father and ask him (nicely), in anticipation of your daughter's visit, to send you the documentation regarding his compliance with cleaning per the parenting plan.  This might help alleviate some of your stress  and who couldn't use that, especially during the holiday season!   Best wishes, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com    ... Read More

     Go!!!! From the information you provided, notwithstanding that the "father" is on the birth certificate, there has never been a legal establishment of paternity under Florida law.  Therefore,  it follows there is no timesharing schedule or child support to be paid, so you have the right to leave this state.      As to whether he can "come after you," well, he can thereafter file an action for paternity to establish his rights.  Florida would continue to be the proper state to bring the action for a period of 6 months after you move.  Thereafter,  typically, the state where you move would obtain jurisdiction over the child, and he would have to file a paternity action there.      If he does file, you would not typically have to justify why you moved or come back.  If he wants timesharing that will be something for the court to decide, but then you can bring up all the issues that have occurred regarding his lack of parentiy skills.  The court will consider these and any safegaurds that may be necessary to protect your child.   Good luck to you, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com... Read More