Child Custody Legal Questions

  For legal purposes, you need to have paternity established through the Courts, even if you are on the birth certificate.  You can file a Petition To Establish paternity  and, in the same court proceeding also set up a parenting plan and timesharing agreement.  Child support will also be established at that time.       You can find the form to establish paternity by doing a search of "Florida Family Law Forms- Establishment of Paternity.   Best of luck, Cindy Vova Law Offices of Cindy S. Vova Broward/Boca Raton 954-316-3496/561-962-2785    ... Read More

A notary may be able to notarize the affidavit of relinquishment of parental righs, but that is the only thing a notary may do. Very specific language is required, and a notary is not qualified to advise you about the language in the affidavit.  This is a very technical area and most people require the representation of an attorney to do it correctly.  You will need to return to the court that made the orders in place now, and ask the court to termiante the rights of the mother.  Many courts will not agree to do that unless a step parent is simultaneousy petitioning the court to adopt the child, but I do not know what your court prefers in this regard.  The court makes the ultimate decision whether or not to terminate the mother's parental rights. IF the court does not make that order, then even if mom has signed an agreement, her rights are not termianted and her child support arrearage and obligation remain in place. The child support will not be automatically cancelled. The court order must state that the support obligation is terminated.  If the orders were done with the Office of Attorney General involved, most likely that office must also be involved in the suit and must approve whatever you are attempting to do with respect to the child support arrearage and child support obligation going forward.    ... Read More

There are very few cases where one parent has 100% custody and the other parent has 0%.  It is almost always in a child's best interests to know and having a strong, loving relationship with both parents.  How much physical custody (between 0% and 100%) a parent has is based on  a lot of differenet considerations, one of which is the safety of the child while in that parent's care.  So you should be thinking about how safe the child is when the child is with you, and making certain that it's obvious to everyone, including mom, that the child is safe and well-cared for when she is with you.  If that means your girlfriend doesn't drive the child around, or whatever it means in your particular situation, do what you have to do to make sure it's clear that your child is safe and well-cared for when she's with you.... Read More

You cannot give away your children or their parents' responsibility to support them.  Every child in Florida has a right to be supported by both parents.  It is not the parents' right to give away the responsibility to support your child - it is your child's right to be supported.   Child support and child parenting time are two different issues in Florida - even if he never sees his child, he still owes child support.  If you believe your child is in danger with him, you can call the DCF abuse hotline:  800-96abuse.   Otherwise, take him to court for child support and ask for supervised parenting.  ... Read More

Thank you for your question. We’re sorry to hear that you’re going through such a difficult time! The short answer is that the Court is required to do what is in the child’s best interest. We can certainly apply for an Order that requires her father to exercise only supervised parenting time with her. We strongly suggest that you schedule a consultation with an attorney experience in child custody laws. ... Read More

Dear Anonymous:        If and when you file a Petition for Divorce, you would have to include a request for relocation with the children.  FLorida Statute 61.13001(3) outlines the procedure to request a relocation when the other parent will not agree.        I have inserted portions of  the provisions of the statute below.  As you can see it is quite specific and, at the end of the day, these are the hardest decisions for a judge to make.  However, once you review the criteria, you will have a better idea of whether you may be successful in your request for relocation.  3) PETITION TO RELOCATE.—Unless an agreement has been entered as described in subsection (2), a parent or other person seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. The pleadings must be in accordance with this section:      ... Read More

The father could sign a Non Parent Authorization for Care of Child. The form is at this link: https://texaslawhelp.org/article/authorization-nonparent-care-child It gives his sister authority to care of the child. If the sister has had the child for 6 months or more, she could file a suit affecting parent-child relationship, but that is a much longer process. ... Read More

Your question cannot be answered in this forum, as more information is required.  For example, 1) who is the custodial parent? 2) why is the ex-husband allowing his girlfriend to abuse the child? 3) How did the mother become aware of these allegations? 4) How old is the child?)  5) What if anything has the mother done to address these concerns? 6) How often does the child see the father? 7) Is there a valid court order in place? 8) If so, when was the order entered? 9) Was the order by agreement or did the court order the current arrangement?  This is only a few of the many questions that need to be addressed before moving forward.  I suggest that you arrange to meet with a lawyer family lawyer in your area to discuss this matter in greater details.  Most lawyers charge by the hour.  Therefore, make sure you ask the lawyer his or her hourly rate to avoid any misunderstandings about payment. Best of luck~... Read More

Based on the information you providided, there is no basis for a petition to terminate your parental rights. It's likely that the petition filed is a petition to modify the previous order. He may be asking that the child live with him, but it's not likely that he's asking the court to terminate your parental rights.... Read More

You should start by going to CPS and see if they will agree that you completed the safety plan and should now have a possession schedule for your children. If you get CPS on your side, you'll have a better chance at getting a modification. Find out what your status is with CPS before you approach the court. If they will not testify in your favor, you will have a hard time getting a judge to modify whatever order is now in place.... Read More

You may not move with the grandchild.  If what was signed was prepared in accordance with Texas law for an Authorization Agreement for a Nonparent Adult Caregiver, the agreement should contain terms regarding how it may be terminated.  If your daughter or the father of the child follow those terms to terminate the agreement, you no longer have rights under the affidavit.  The Authorization Agreement does not give you legal custody of the child.  Even if your daughter does not follow the terms of the agreement regarding terminating the agreement, in my opinion it is clear she no longer agrees to the terms of the agreement and you should act accordingly.  If there are court orders in place regarding your grandson, then the custody terms in  the court orders are in effect. The parents may revoke the consent they gave you when they signed an affidavit, and it sounds like your daughter no longer agrees to the arrangement.  If you want to obtain legal custody of your grandchild, then you must do so through a lawsuit in court. ... Read More

You will need to get a court ordered possession schedule by filing for divorce and asking for a possession order.  You should request Temporary Orders and get a hearing set for Temporary Orders.  At the Temporary Order hearing you would either work out a schedule with your wife or, more likely, the court will order a schedule for you to have possession of your children.  Texas has a Standard Possession Order and an expanded Standard Possession Order.  You will have your children more overnights if you choose the expanded Standard Possession Order.  The court will want you to have appropriate living arrangements and beds for the girls.  When the possession schedule is in an order signed by the court, you need to follow it exactly as stated.  Pick up the girls on the day, at the time and place stated in the order.  Then if your wife does not comply you will be able to ask the court to enforce the possession order and hold your wife in contempt of court.  I wish you the best.... Read More

 The defendant can file a Motion to Vacate Order Of Default asking the Court to vacate the order of default within 30 days after its entry. The motion shall state the reasons for the failure to plead and the legal and factual basis for the defense to the claim. If he does file Motion to Vacate and the court finds that there is a substantial and sufficient basis for an actual controversy as to the merits of the action and that it is equitable to excuse the failure to plead, the court shall vacate the order. If a motion was not filed or was filed and denied, the court may enter a judgment by default that includes a determination as to custody and all relief sought.... Read More

It is unclear from your question whether the planned trip is, or is not, within the guidelines set out in your parenting plan/decree.  Also unknown is whether there are any restrictions in those documents against the kind of trip in question.  Normally, vacations and holidays supersed the normal custodial schedule.  Assuming that it is within the guidelines and not prohibited, then yes, the other parent has the right to make the trip.  That said, if you have some actual concern as to some realistic danger of harm (and something more than an amorphous "too young" would probably be required), then you can always try to negotiate the matter and, if unsuccessful, file a motion to have your concerns heard by the court.  The relevant statutes and guidelines for modifying orders relating to child custody are posted here.... Read More