Florida Child Custody Legal Questions

Custody disputes can be among the most complicated of family law issues. Without reviewing the order or judgment that established child support, it is difficult to answer your question because to establish child support, there would have to have been a determination of paternity. You don't indicate whether or not there was any DNA testing, but this could also impact the answer to your question. Since it appears that you were not legally married to the father of your children, you could commence a paternity action (assuming that one was not previously commenced and resulted in the child support order) and seek to establish paternity and seek DNA testing (if not already established/performed in the support order), as well as to establish parental responsibility, timesharing, decision-making and a parenting plan, among other things. Generally, if only child support was established, then you are the only parent with any legal rights to the children, as the birth mother, and the father's legal rights to the children can only be established by court order, which you say has not yet occurred. Accordingly, there should be nothing legally preventing you from showing up wherever the children are, with law enforcement if necessary, and taking your children, though there are a number of reasons why this may not necessarily be the best approach, especially for the kids. Giving up your children for adoption in the past should not generally prevent you from having timesharing or even majority timesharing with your other children. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

In the State of FL grandparents do not have independant "custody" rights to their grandchildren. If you believe the grandchild is in danger because of the Mother's behavior, you can report it to the Department of Children and Families.    Best of Luck, Helena Y. Farber, Esq. www.farberlawpa.com... Read More

Your situation appears to be a case of parental alienation by your ex-wife. You should have taken action when the situation first occurred, as your daughters are now empowered to believe that they (or your ex) control the timesharing. This is not a situation that is likely to be remedied by a court order alone, but rather will likely require therapeutic intervention as well. You should consult with an experienced family law attorney well-versed in these types of cases, to enforce your timesharing rights, obtain therapy to address the alienation of the girls from you (and your new wife), and impose appropriate sanctions against your ex. Discuss the specifics of your situation with the attorney, and your options.... Read More

A UCC-1 is a document that generally applies to matters of contract and commercial law involving financing, and does not generally apply to family law matters. In the absence of a paternity judgment, settlement agreement, or other court order, the father of your child has no legally established rights with respect to your child, so you can leave with the child if that is your wish. However, it is possible that the father could commence a paternity action seeking to obtain and enforce his parental rights with respect to the child, and if he is ultimately determined to be the biological and legal father of the child, it is possible for the court to order the return of the child to the jurisdiction in which you and the father were living. A generally better course of action may be for you to comply with the relocation statute, or to commence the paternity action against the father, seek DNA testing, seek to relocate with the child, and if he is in fact the biological father of the child, seek child support and an appropriate timesharing and parenting plan. There are pros and cons to each option. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

You don't indicate whether your daughter or the child were the "victim" in the father's criminal case, and the answer to your question would be affected by this. This is a complex situation, so you should consult with an attorney to discuss the specifics of your situation and your options.... Read More

In Florida, an unmarried mother is the natural guardian of her child - if there is no court order in place, then he will have to establish paternity and likely child support and then get an order for custody/parenting issues.  The final outcome is always settled"in the best interest of the child."   If this is an Illinois case, then it will have to be litigated in Illinois - I am not licesnsed in Illinois, but I can help you in florida.    ... Read More

You can ask for a rehearing if you believe the judge made a clear mistake as to law or if there are new facts that have been uncovered. If the judge denies the rehearing, you can appeal the judge's order- you have 30 days to do so. However, not all temporary orders are appealable, you would need an attorney to determine the best step. Best of luck, Helena Y. Farber, Esq. www.farberlawpa.com... Read More

The amount of overnights spent with children does affect child support. However, filing for "joint custody" will not automatically grant you the time with the children. You will need to prove your case in front of the judge, that it is in the best interest of the children to spend at least 50% of the time with you (among other factors). If you do truly want to see the children, than you should file Petition to Establish Paternity and Timesharing. If you are just doing so to reduce child support and do not intend to exercise any timesharing, it would not be helpful for the children. Best of Luck, Helena Y. Farber, Esq. 305-520-9205 www.farberlawpa.com... Read More