Florida Child Custody Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
401 legal questions have been posted about child custody by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
Florida Child Custody Questions & Legal Answers - Page 9
Do you have any Florida Child Custody questions page 9 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 401 previously answered Florida Child Custody questions.

Recent Legal Answers

Can I petition the court for visitation rights without an attorney and if so, how exactly would I go about doing that?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to get an attorney for matters like this. Is there a court order for you to pay child support? Is there a paternity case? If there is not you need to file a paternity case.
You need to get an attorney for matters like this. Is there a court order for you to pay child support? Is there a paternity case? If there is not... Read More

Should I object to my husband who wants to tell the judge he has to get out of jail to help me with the kids?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes, you should have an attorney to object at the hearings.
Yes, you should have an attorney to object at the hearings.

Do I need to continue to pay an attorney to provide documents to the courts every year until they turn 18?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Other options? Speak with the attorney and find out. This is work that must be done each year in a guardianship.
Other options? Speak with the attorney and find out. This is work that must be done each year in a guardianship.

Will he face jail time if he is extradited and if so, how much jail time?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It appears that he will be extradited. It appears that he will spend some time in jail, but more facts need to be known to say how long.
It appears that he will be extradited. It appears that he will spend some time in jail, but more facts need to be known to say how long.

Can I win the sole custody and what will happen to the other party since it is not legal to move more than 50 miles after being served?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Ask your attorney, you have one, right?
Ask your attorney, you have one, right?

I have been in a family case over the relocation of my autistic/ADHD son for over a year now and nothing has been resolved. We've filled motion after

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
In order to get a question answered, you have to first ask a question. You did not do that. But I understand where you are coming from. If you cannot fund the litigation by paying attorneys fees as they come due, eventually the attorney will move to withdraw from representing you. They want you to consent to the withdrawal. If you do not consent to the withdrawal, they will set a hearing in front of the judge and get the court to enter an order allowing the withdrawal.... Read More
In order to get a question answered, you have to first ask a question. You did not do that. But I understand where you are coming from. If you cannot... Read More

As a father, what are my chances to have my children's custody?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Chances are very hard to predict, but you stand on equal footing with the wife. There are many factors that need to be considered. Read Florida Statutes, Section 61.13(3) to learn the factors.
Chances are very hard to predict, but you stand on equal footing with the wife. There are many factors that need to be considered. Read Florida... Read More

What are my rights after my divorce since he is denying my baby?

Answered 8 years and 8 months ago by Mr. Ronald L Bornstein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Most judges are not going to grant a divorce if the issues surrounding the baby you're carrying have not yet been resolved. You can have a paternity test performed now, you don't have to wait until the baby is born. Consult with an attorney to discuss the specifics of your situation and your options.... Read More
Most judges are not going to grant a divorce if the issues surrounding the baby you're carrying have not yet been resolved. You can have a... Read More

What are my rights after my divorce since he is denying my baby?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You need to get an attorney. This is a very complicated avenue of the law.
You need to get an attorney. This is a very complicated avenue of the law.

Will I need to go to court since I have DCF involved?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to hire an attorney for all of your legal problems. You cannot usually just pick up and move 4 hours away, and if you do not have his written permission, you have to file a relocation petition.
You need to hire an attorney for all of your legal problems. You cannot usually just pick up and move 4 hours away, and if you do not have his... Read More

If I gave temporary guardianship to her biological father, I revoked it he placed an emergency no contact order against me, what should I do?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You already have an attorney and should ask your attorney any and all questions that you might have about your various legal problems. If you do not have an attorney you need to hire one immediately.
You already have an attorney and should ask your attorney any and all questions that you might have about your various legal problems. If you do not... Read More

What does order summarily dismissing FWโ€™s mot for primary mean?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Ask the clerk who made the notations what this means.
Ask the clerk who made the notations what this means.

Can I move out of state with my child without his father?

Answered 8 years and 8 months ago by Mr. Ronald L Bornstein (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
You don't really provide enough information to answer your question, like whether there are any court orders governing parental responsibility or timesharing. Florida has a strictly interpreted relocation statute, and you generally have to comply with it if you intend to relocate with your child. Because relocation cases can get complicated, you should consult with an attorney to discuss the specifics of your situation and your options.... Read More
You don't really provide enough information to answer your question, like whether there are any court orders governing parental responsibility or ... Read More

Is it conflict of interest for a judge to remove my kids because he sentenced my ex-husband to 36 years?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You have not given enough facts here. I have to say no, based on what you wrote.
You have not given enough facts here. I have to say no, based on what you wrote.

If my parental rights were involuntarily terminated, am I still obligated to pay child support?

Answered 8 years and 8 months ago by Mr. Ronald L Bornstein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Generally, no. Consult with an attorney to discuss the specifics of your situation and your options.
Generally, no. Consult with an attorney to discuss the specifics of your situation and your options.

If my parental rights were involuntarily terminated, am I still obligated to pay child support?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
That would be a no.
That would be a no.

Can a mother pack up her child without telling the father and just leave?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to have a full discussion with a family lawyer. Because you were not married, you have no rights regarding the children unless and until you bring a paternity case and get your rights established.
You need to have a full discussion with a family lawyer. Because you were not married, you have no rights regarding the children unless and until you... Read More

In alimony, child custody case how is the use of illegal cannabis by on party treated by the courts?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It depends upon the judge and the abilities of the attorneys handling the matter.
It depends upon the judge and the abilities of the attorneys handling the matter.

How can I avoid jail time for back child support?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
The way to avoid jail time for child support is to pay the support. If you do not pay the support, you can go to jail for up to 6 months for each instance of contempt. Once a purge amount is ordered, and you do not pay it, a writ of bodily attachment will be issued and you will be picked up and taken to the jail.... Read More
The way to avoid jail time for child support is to pay the support. If you do not pay the support, you can go to jail for up to 6 months for each... Read More

Does the biological father have rights even though my current husband is on the birth certificate?

Answered 8 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
He has no rights and it would be very difficult if not impossible for him to get any rights. What you need to do is have a full discussion with a family lawyer about this.
He has no rights and it would be very difficult if not impossible for him to get any rights. What you need to do is have a full discussion with a... Read More

What should I do to protect myself in case he changes his mind after agreeing to me moving with the kids?

Answered 8 years and 8 months ago by Mr. Ronald L Bornstein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You should have an attorney prepare an agreement memorializing his consent to your relocation to the city and state you're moving to, and setting forth what the new timesharing arrangement is going to be, as well as any other terms and provisions that are necessary under your circumstances. Florida has a relocation statute that is strictly applied in these situations, so you really should have an attorney do this. Consult an attorney to discuss the specifics of your situation and your options.... Read More
You should have an attorney prepare an agreement memorializing his consent to your relocation to the city and state you're moving to, and setting ... Read More

Can he claim that he is paying his wife child support for a child that lives with them?

Answered 8 years and 8 months ago by Mr. Ronald L Bornstein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Generally, a parent does not get to lower their child support payment to the parent of their first child, because they now have a child support payment for a second after-born child. Also, if he is seeking a downward modification of his child support obligation to you, based upon his obligation to the mother of his second child, whom he has remarried and is living with, he is unlikely to prevail. Consult an attorney to discuss the specifics of your situation and your options.... Read More
Generally, a parent does not get to lower their child support payment to the parent of their first child, because they now have a child support ... Read More

Can I move to another state to be near family without telling him?

Answered 8 years and 8 months ago by Mr. Ronald L Bornstein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Generally, it would not be advisable for you to relocate to another state without first complying with Florida's relocation statutes, which is usually strictly interpreted. If he hasn't exercised any timesharing in years, then he may not care that you're leaving.
Generally, it would not be advisable for you to relocate to another state without first complying with Florida's relocation statutes, which is... Read More

How can I get temporary custody of my grandchild?

Answered 8 years and 9 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to hire a family attorney and bring a case for temporary custody of minor by extended family. That is how you get custody of a grandchild.
You need to hire a family attorney and bring a case for temporary custody of minor by extended family. That is how you get custody of a grandchild.

What kind of visitation can a father get if he lives out of state?

Answered 8 years and 9 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I think that might be called visitation with the child. It depends upon a number of factors, and you have given only one, that you live out of state. I need to know much, much more about the circumstances in order to answer your question fully.
I think that might be called visitation with the child. It depends upon a number of factors, and you have given only one, that you live out of state.... Read More