Florida Child Custody Legal Questions

 First, has paternity ever been established by the Courts?   This is different from having your name on the birth certificate.  Under Florida law, the paternity must be established by a court even if there is no doubt you are the father.  Until that is done you have absolutely no rights. So, what you should do, while you are still in Florida, is file a suit to establish paternity, a parenting plan and timesharing.  Now, if you are planning to move to Ohio, you should do it to establish a long distance parenting plan whereby  time is set aside for the child to come to Ohio and see you.  Naturally, if the child is very young, then someone will have to accompany him in both directions, but this is what is worked out in the parenting plan.  As to "custody," we do not even use that term in Florida.  It is merely timesharing, and when parents live in two separate states, the parent who is relocating needs to have a darn good reason why the child should move from his home state to another state.  Florida  Statute 61.13001 outlines the factors that a court uses to make this evaluation.  Be cautioned, however, this is a very difficult burden to overcome, and you most likely will benefit from the guidance of an attorney. Please also keep in mind that in establishing paternity you will also have the court determine each party's child support obligation. Best of luck to you, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785    ... Read More

   Typically "paternity" cannot be modified.  However, I am a little confused.  You state, "I've been estalished as the father....he is angry about it."   Were you a same sex couple? Paternity has more gray areas in these situations.    Assuming this is not the case, there are ways to disestablish paternity once established, but it is difficult as well. ALthough, again I do not think that is what is going on here.     If, and I am trying to interpret,  you are the mother and the father wants to "modify" he can do so to get some timesharing with the child.  We do not use the term custody anymore.  Basically, each parent is entitled to spend time with the children.  How much or  how little will depend on a multitude of factors that are set out in Section 61.13, Florida Statutes.    If he does file, just make sure you respond wihtin 20 days of being served.    At that time you may want to consult with an attorney to review your rights and obligations.   Best wishes, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785    ... Read More

IF you are the unmarried mother, never married to the father, and there are no court orders in place in Florida, you can take the child and move, as you are the child's only legal guardian.  Otherwise, you must get a court order allowing you to leave with the child.   Please call for an appointment for further legal advice.  Thank you.  ... Read More

 Dear Anonymous: Oh my, you have a number of issues. First, was paternity ever established by a court?  If not, you technically have no legal rights to your son.  If it has been, do you have a parenting plan that sets forth timesharing?  If not, you need that as well, but that can be incorporated into the paternity petition and/or Petition to Modify Timesharing (see below) You would have to file an action to establish paternity and have the mother served wherever she now is. However, how long has the child been gone from the state of Florida?  If it is less than 6 months, you can file the action in Florida.  If it is more than 6 months, most likely you will have to file in the state where the child now lives. Now, as to obtaining "custody."    We do not call it custody in Florida anymore.  As indicated above, if you have no timesharing established by the court you need to get that done, and while doing that (same case) ask for the majority of the timesharing.  I wish I could tell you that you would ultimately prevail, but that is for a court to decide, and I've done this too many years to predict outcomes.  However, from the limited information you provided, it does at least appear that you would have a case to pursue having majority of timesharing.  The rest is truly dependent on all facts. My suggestion is that you consult with an attorney.  Doing a face-to-face where the attorney can get more information may help guide you through this.  I enclurage you to do it sooner rather than later because the more time that expires, the less likely you can get a favorable outcome.    Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/ 561-962-2785... Read More

Your situation is more complicated than can possibly be addressed here. Much will depend upon the language of your court order, judgment and any parenting agreement that may have been entered. Generally, once you select your dates for timesharing, you aren't able to unilaterally change them. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

Generally, not much, unless they are a convicted felon of some type, have committed prior crimes against children, or other serious crimes. As a practical matter, why is this an issue for you, since sooner or later you will have someone in your life whom you may want or need to assist you with the pickup of your child as well? Consult with an attorney to discuss the specifics of your situation and your options.... Read More

On the facts you present in your question, and subject to the terms of any existing court order or judgment or agreement, it would seem that generally, you'd be likely to prevail on a petition to relocate, provided that the location you are moving to would result in your obtaining a better job or better wage, and/or has better schools and opportunities for your son, and/or would put you both closer to relatives and family that would be in a position to assist or help you with child-raising, financial and/or emotional support, etc. Florida has a relocation statute that is generally strictly enforced, so you must be certain to comply with it. Consul with an attorney to discuss the specifics of your situation and your options.... Read More

There's good news and bad news here. You don't indicate whether there are any existing court orders, judgments or agreement between you. It will certainly be raised that you did nothing in the eight months since she moved in with the man, when you certainly could have filed an appropriate pleading in court to address the issues. If there are no existing court orders, judgments or agreements between you, and you were not married to each other, you may be able to file a paternity action, serve her in PR, and try to establish your rights in court here. On the other hand, because she has been in PR for more than six months, it may have to be litigated in PR due to jurisdictional reasons. Either way, this is not something that an untrained person can generally accomplish successfully on their own. Consult with an attorney to discuss the specifics of your situation and your options.... Read More

Definitely get a written agreement, signed and notarized by both parties, before permitting the travel. If he fails to comply and return the children when he is supposed to, it can then be used as evidence in a subsequent court action to force return of the children. If you don't have one already, you should hire an attorney to assist you.... Read More