Florida Family Legal Questions

Thank you for your question. I am not sure what you are asking but I will attempt to assist you. It is not clear if you are the father, grandparents or the mother of the children, but as you used the word “us”, I am assuming you are a grandparent of the children. It seems likely D.C.F. is asking the court for a case management conference and all parties must attend, including the father. If there is a date and time set for the conference, please ensure that everyone attends including the father. If the father did not receive notification of the conference, he needs to be sure the court clerk has his current address so that notices can be mailed to him. Good luck!... Read Answer

Getting a court date depends on the judge's judicial assistant or case manager setting hearings for that judge. There is no uniform standard between the Circuits in Florida or indeed between the judges in each Circuit.  In Broward and Miami-Dade Counties for example, the courts use a system called CourtMAP to set hearings. However, if you are self-represented, please call the judge's judicial assistant to ask about setting your hearing.  The current pandemic also has courts setting hearings usiing Zoom.  Good luck! ... Read Answer

Thank you for your question. You did not specify why you were held in contempt of court, so I will address the balance of your question. If you had a hearing before a general magistrate and do not believe the Report and Recommendations from the magistrate followed the laws or ignored the facts that you have given me in your question, you have a very important avenue still open to you. Under our Rules of Procedure in Florida, you have ten (10) days to file what are known as ‘Exceptions’ to the general magistrate’s Report and Recommendations to the court. That will give you an opportunity to ‘appeal’ the magistrate’s determinations to the judge that appointed the general magistrate to hear your case. Again, this must be done within ten days of the Report and Recommendations begin filed with the Clerk of Court. You will need to order a transcript of the hearing which you can get from the magistrate’s office or by ordering a copy of the transcript if you used a court reporter. Do not delay, The ten day rule is firm.  Good luck.... Read Answer

Thank you for your question. The advice you received thus far, as you relate it, is not correct. You said he is obligated to pay child support, likely through the Child Support Enforcement/Florida Department of Revenue process. If so, then he has been found by the administrative judge to be the father as a matter of law. You will see this in the Final Administrative Child Support Order. Since he is the “legal” father of the children, you cannot relocate out of the state unless you have the father’s written authorization or you have received a Circuit Court order to leave through filing a relocation case (Chapter 61.13001, F.S.). Failure to obtain either the written consent or the court order PRIOR to relocating can subject you to an order to be obtained by the father to have you return the children to Florida. You should consult with a more knowledgeable family attorney to assist you with the relocation case. Certainly, the domestic violence, child support arrears and drug use by the father will weigh in your favor as will the fact that you will be stabilizing the children’s lives by (presumably) marrying your fiancé. The reason for your move to South Carolina, the new timesharing schedule you will be creating for the period after you move, and the details of your prospective lives in South Carolina should all be part of your discussion with the lawyer.  Good luck!... Read Answer

You would have to contact the caseworker to request a vountary termination of rights.  They prepare the paperwork for that, if they approve it.  They ordinarily approve it so long as there are responsible parties remaining, in this case the person(s) who made the complaints and has the children currently. ... Read Answer

Thank you for your question. You have raised about five issues seeking to set aside what I assume to be (though not mentioned) is the Final Judgment of Dissolution of Marriage and likely related relief such as alimony, equitable distribution, children’s issues, etc.. Most of them are addressed directly under Florida Family Law Rules of Procedure 12.540 (b) (1) - (5). There is a one year time limit under the Rule for each of these sub-parts (b) (1) - (3) but for fraudulent Financial Affidavits so read the Rule carefully. Not receiving the Notice of the Final Hearing at your mailing or e-mail address which you provided to the Clerk of Court may also be a ground for vacating the Final Judgment as well.  The fact that one party had counsel and the other did not have counsel in and of itself is not a ground for vacating a Final Judgment. Being threatened to not to appear in court may be a ground to set it aside under Rule 12.540 (b)(3). See Hitt v. Hitt 535 So.2d 631 (4th DCA 1989). Again, be mindful of the one-year limitation and that this does NOT apply to fraudulent Financial Affidavits under Rule 12.540 (b)(5).  I have tried these cases over the past thirty years in South Florida, and if you are not represented by an experienced family law attorney you absolutely will need one to proceed in this instance. This is a sophisticated area of law and not the place for the unrepresented. ... Read Answer

Thank you for your question. Not sure why Legal Aid could not help you. If you are in a large county (like Miami-Dade, Orange, Duval, Hillsboro, Broward, etc.) you can have the local bar association give you a pro bono attorney to assist.  In the interim, you should see a family law specialist to advise you on obtaining a divorce at this time. If you wish to go forward with a divorce, you can have the divorce court transfer the domestic violence case to the divorce case, have the court award you temporary attorney's fees and handle everything at one time in one court. In your divorce case, you can request an injunction for yourself based on the violence at the hands of your husband. (Save those pictures!) Please do not delay. Domestic violence final hearings are typically set very soon after the injunction case begins, even as little as within fifteen days. Good luck!... Read Answer

SSI payments are made to low-income individuals who meet the Federal guidelines for these benefits. Unlike earned wages, SSI payments are generally not subject to garnishment for child support or alimony. I would strongly urge you to contact a family law attorney or specialist in Social Security law to see if your particular situaton may (your anticipated retirement benefits from employment) create a scenario where garnishment of your non-SSI payments may be possible.   Good luck!... Read Answer

Hell, Ms. Matthews: I am a bit surprised there have been no answers to yur question. Simply stated, you will need a Florida attorney. Ther eare some fine counsel in Brevard County, Florida (Cocoa Beach/Cape Kennedy region) and you should contct one or more of them as soon as possible.    Good luck!... Read Answer

  Thank you for your inquiry. A key question is whether the mediation agreement you filed with the court has been approved by a court order or even made part of a final judgment dissolving your marriage. If so, your action would be to enforce the Order or final judgment through a motion to enforce (to cover the failure to abide by the equitable distribution portion of the Order/judgment) or by a motion for contempt (to cover the failure to pay child support and related issues such as health insurance). The court’s powers to enforce vary depending on whether it is asked to enforce its Order/judgment or to hold your ex in contempt. If youare successful, you can also request the court to award you attorney's fees and costs for maintaining your action. To answer your final question, no, you should not attempt to handle this on your own. You will need the services of a competent family law attorney. I am sorry your prior counsel passed away as he/she would have been ideal for this matter but any good family law attorney can help you.  My office practices family law throughout South Florida for over thirty years and would be pleased to assist you.... Read Answer

Thank you for your question. The key to your answer depends upon the specific language of the Final Judgment and the relevant statutory and case law. If your then-husband was ordered to pay “all costs of education for [the child]”, then that covers all expenses directly related to the child’s education. That would typically include tuition (if at a private school), transportation (school bus/shuttle expenses), school lunches and related expenses. Extra-curricular school activities (like sports, music, etc.) might be included depending on the breadth of the language in the Final Judgment.  Please have a competent family law attorney - perhaps the lawyer you sued in your divorce case if you had a lawyer - review the Final Judgment and relevant statutory and case law defining “education expenses”. The lawyer should and give you a list of specific items covered under the definition of “education expenses.” If your ex does not favorably respond to a lawyer’s payment demand letter with the details attached, you may file a motion to enforce the Final Judgment. Good luck!... Read Answer

This is a most peculiar arrangement you had with the mother and the other gentleman. In over thirty years of family law practice, I do not recall a story quite like this. But I believe I can help you.  For purposes of this answer, I am going to assume that the child is very young and this situation occurred recently (within the past twelve months). Of course, if the child is much older the advice I am going to give you may be quite different. Since you wish to establish a relationship with the child, you understand that if this is accomplished you will be entitled to timesharing and shared parental responsibility for the child, all things being equal. You will also have a child support obligation as well. Should you wish to go forward and create a father-child relationship, you should file a paternity action in your Circuit Court and proceed accordingly. The fact that the other ‘father’ placed his name on the birth certificate is not dispositive of the question of paternity. You may also wish to file your name as the child’s father with the Putative Father Registry managed by the State of Florida, which you can locate online. Good luck.... Read Answer

I am assuming your recitation of the facts and the terms of the court order are accurate. To answer your question, no, the father’s actions are not ‘parental kidnapping’ but may be a clear violation of the judge’s order restoring your supervised timesharing. I would recommend you return to court on a motion to compel compliance with the court’s order. If the facts are as stated, the court will order the father to deliver the child for supervised timesharing and perhaps award you some additional timesharing for the lost days you have experienced with your child. Good luck.... Read Answer

The answer to your question depends in part on the nature of the current pending legal action between you and your ex-wife. If it is related to a child/children in common, such as a timesharing-related matter, then you will need to disclose where the child/children will be staying when he/she/they are with you. If that is your residence, then disclosure of your address may be compelled to be disclosed.  If the pending action is to enforce payment of alimony or child support arrears or a failure to pay pursuant to an equitable distribution order/judgment, this is in the nature of a collection effort and the court can compel the disclosure of your residence address.    If the pending matter is not residence-related or finance-related, you may wish to file a motion for a protective order with the presiding judge to prevent disclosure of your residential address, or to limit disclosure to specific individuals such as opposing counsel and the court.  Note that Florida law does provide that disclosure of residential addresses may be limited for specified categories of individuals, such as judges, law enforcement officials and others. You can find this list in the Florida statutes.   If your motion is not based on any of the foregoing, you may still have a strong argument based on your ex-wife’s failure to protect your personal accounts in the (immediate?) past, assuming you can prove this at an evidentiary hearing. You should have competent counsel assist you in reviewing this issue and, if needed, preparing and arguing the appropriate motion for protective order.... Read Answer

Thank you for your question. It seems to be confusing a couple of unique family law concepts but I will try to assist you. These are fact-driven inquiries and good family lawyer should be engaged to at least consult with you to gather all of the relevant facts. By ‘misattributed’ paternity I am guessing that you mean that the wrong man has been alleged to be the father of a child. There are a number of avenues here. For example, if the child was born in an intact marriage, there is a strong presumption that the child is the offspring of the husband. Having that relationship severed, for example in a divorce case, is quite difficult. More so if the couple is not divorcing and the ‘real’ father wishes to establish his paternal rights to the child.  In another scenario if paternity has been established either in a paternity action or by an administrative child support action, having that paternity ‘disestablished’ will require fairly sophisticated legal action. I have successfully handled a number of these cases and much pre-suit planning and post-filing discovery is required. In a third situation, where paternity has not been established either by a paternity action or an administrative child support case, then you will have a much simpler experience. Again, I would need many more facts to answer this part of your question and legal counsel is highly recommended. In your second inquiry concerning child abduction, again this is a fact-driven question. First, who is the alleged ‘abductor’, the birth mother, the birth father, another relative or a complete stranger? Are there any court orders in place determining the rights of either the alleged ‘abductor’ or the non-possessory parent? If there was a parental relocation case filed, that might explain your situation. Again, these are fact-driven questions and a good family lawyer should be consulted to assist you in answering them.... Read Answer

If you have not established your patenrity for your daughter, you must do so now. That will also be your opportunity to ask the court for custody (now called in Florida, 'majority timesharing'). The court will likely appoint a guardian ad litem for your daughter or order a social investigation. That will result in a report to the court with recommendations concerning go-forward custody. You must see a competent family law attorrney to prosecute your paternity and custody claim. The guardian ad litem and/or social investigator will interview your daughter as well as you and her mother. It is unlikely in Florida that a judge would permit a 13 year old testify in court, but the social investigator is permitted to tell the court what the daughter told to him/her. Under our Rules of Procedure, there are strict protocols to be followed prior to allowing a child to so testify directly in a case.... Read Answer

I am sorry you had such a terrible experience with the father. I hope your son will bre alright in the years ahead. To answer your question, in order to terminate a father's rights in Florida (which will also eliminate any claim for child support going forward), you must show that he has abandoned the boy, that is, had no contact with him and has no interest in establishing a relationship with the son. If the father agrees with you, you may have a chance but it is a tough case to prosecute. You will be in Dependency Court. You should speak with a competent family law attorney before venturing into this area. ... Read Answer

Hello. There are specific relocation laws in regard to minor children. There are many factors and procedures. They have to do with notice, consent and additional statutory requirements. This is not an easy "yes - No" answer.    I will be happy to discuss your options with you.   Jodie Bassichis (954) 963-7300 jbassichislaw@gmail.com  ... Read Answer

Thank you for your inquiry. If you have a court order granting you a scheudle for timesharing with your daugther, you can enforce the order with the same court that gave you the order. Unless she has provable alleagations of actions by you during timesharing that are detrimental to the child, you should be able to enforce your court order. If you are in the Miami area, you may wish to call our office at David B. MItchell, P.A., at 305.461.5015.... Read Answer

I am sorry you are having a tough time with your mother. If she is hitting you and throwing things at you, this is not healthy. You might want to talk in confidence to one of your teachers who can help you deal with her, or help her deal with you through counseling. You should try this now and not wait for things to get really out of hand. A good school counselor can help you too if your teachers cannot help.  Good luck!... Read Answer

Dear Anonymous:       The law does not allow you to "give up" your parental rights unless there is someone else to step into your shoes.  If the Mother remarries  or has a significant other and that individual wishes to adopt your child, then you can relinquish your rights.      If you are not seeing the child because the mother is prohibiting same, then you should try to assert your rights for timesharing.  You do have  rights as a father. Best of luck, Cindy S. Vova Family Law Offices of Cindy S. Vova,  P.A. Broward/Boca Raton 954-316-3496/561-962-2785    ... Read Answer

Dear Anonymous:       It appears from your inquiry that you have never had paternity established by a court.  Having you name on the birth certificate is not sufficient.  As such, since no paternity is established you cannot leave the state with your children.  The first thing you need to do is file an action to establish paternity.  In that petition you can ask to relocate, but it is a statute driven process.   You can research this process but this is truly an area where an attorney's assistance is warranted.      Until you establish your paternity, the children's mother can up and go wherever she wants with your children, and you will have nothing to say about it.      So, glad you asked your question.  You have work to do to ensure that your rights as a parent are legally established.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785 Broward/Boca Raton     ... Read Answer