Florida Child Custody Legal Questions

Generally, if the person seeking the injunction fails to appear in court, the case would be dismissed. You could also appear for court and ask to dismiss it. In the absence of allegations or evidence that rise to the level of requiring the court to refer the matter to DCF by statute, the court would not generally do so on its own just because you didn't show up for court as the petitioning party. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

   You state your "wife" took the child and you are on the birth certificate.  This answer is based on the facts provided that you are, in fact, married to the mother because absent same, you may not have legal rights established as to the child.    In Florida, if the parties are married, each has equal rights to the child, absent a court order to the contrary.  So, technically, absent a court order you could take your child back to Texas.    Because you live in Texas, and assuming the child has not been in Florida for 6 months, (and was in Texas for 6 months preceeding this)Texas courts should still have jurisdiction over the child.  I would suggest, however, that you first consult with a Texas lawyer and either obtain a pick up order that you could deliver to a Florida sheriff for service on your wife (although it may not be enforceable) or file a Texas case for divorce, and then go get your child so you will already have a case pending in Texas to determine rights.   I must urge you to act within the 6 months, however, so you can still have the case in Texas.  There may be a jurisdictional fight (Texas vs Florida) but you have a better chance now of having the case in your backyard versus hers.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A.  Broward-Boca Raton-Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com... Read More

   You have a few issues at play.  First, although (and you don't say) you may be on the child's birth certificate, under Florida law there has to be a Court order adjudicating you as the father.  So, at the moment, you do not have any rights to your daughter, but you can legally establish these rights.  So you should immediately file an action to establish paternity.  You will have to find out where the mother is because she will need to be served with the papers.  But do this NOW....don't let time run as the longer the time, the more difficult it is to get your rights established for many reasons to numerous to go into here.    Also, you should register with the Florida Putative Father Registry.  Here is the website: http://www.floridahealth.gov/certificates/certificates/birth/Putative_Father/index.html Read this and file the appropriate form, which can be found on this website. This does not establihs paternity, but prohibits the mother from having the child adopted out (to a third party-or a future husband) without your knowledge  Although there are forms available on line to actually establish paternity with the Courts (see: https://www.flcourts.org/core/fileparse.php/533/urlt/983a.pdf), I strongly suggest that you seek guidance from an attorney- at least a consultation- to get you on the right path.     Best of luck to you.  Children are our most precious assets.   Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton/Miami-Dade 954-316-3496/561-962-2785 info@vovalaw.com    ... Read More

Well, if you do leave without the father's written permission, then you run the risk that he will get to court and get it ordered that you must return the child to Florida. That can happen for up to 6 months after you would leave, because Florida is the home state of the child and any custody cases must be brought here until another state becomes the home state of the child.... Read More

You don't indicate whether there are any court orders or judgments establishing the father's paternity or timesharing, or any written agreements between you. If there are none, then technically you're the only one with any legal rights with respect to the child, as the birth mother. However, he could file a paternity action and any steps taken by you to interfere with his relationship may come into play in a paternity case. You don't say how you know he was drinking, and proving it would be an issue in court. It's important for unmarried parents to have a paternity judgment establishing paternity of the child, parental responsibility, time-sharing, child support, and other important aspects of co-parenting. You ought to consider filing your own paternity action. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

Generally, your timesharing arrangement will be governed by the language of your court judgment or order and any written agreement made a part of it. Many court orders and judgments and most agreements require each parent to keep the other apprised of their residence address. It is rather unlikely that a court would make you send your kids or one of them to him for timesharing without knowing something as basic as his address so you know where they are. The fact that he moved out of state several years ago and you never addressed it in terms of formally modifying your existing court order or judgment and/or agreement suggests that you're reasonable, but you really should have the out-of-state timesharing formalized. It would be advisable for you to consult with an attorney to review your judgment/order and any agreements, and to discuss the specifics of your situation and your options.... Read More

The answer to your question will depend in large part on the reason(s) the court denied his previous request. The pleading(s) filed by your husband and the court's ruling would need to be reviewed, at a minimum, to answer your question. Generally, the courts favor both parents having timesharing with their child(ren), with limited exceptions. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

Your question is quite confusing because you added something about some pictures he took, and I do not know what that might mean in this context. Basically, since they were not married, the mother has what is known as sole parental responsibility, and you son would have to go to court and file a paternity case to obtain rights. I am not sure what it is you want to confirm. Generally, it is not good to move out of state with the child without the other parent's written permission or a court order.... Read More