QUESTION

How do you handle or what is first step for child custody between unmarried people in Lake County Florida?

Asked on May 19th, 2021 on Family Law - Florida
More details to this question:
My daughter has 2 children with her partner of about 10 years and they currently live together, but are wanting to split. They disagree on custody (both immediately and in the long run). He has threatened in the past to leave the state with kids. What are first steps in working out an amicable custody and parent sharing agreement? We live in the same town and are willing to provider her and kids with place to live because at the time she cannot afford to get a place on her own. Thank you for your timely advice.
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
Dear Ms. Gibbs:     First, if the parties have not established paternity through a Court judgment, then dad has no technical legal rights.  So, if he left the state he could be required to return immediately.  However, since the primary concern should be the best interest of the children, the parties would have to work out a parenting plan that would cover most aspects of timesharing, dividing holidays, schools, etc.  A form for a parenting plan can be found at  https://www.flcourts.org/content/download/686031/file_pdf/995a.pdf.   If the parties can work through this, then there also has to be a determination of child support.  There are many on-line free calculators to assist.  They may not be 100% accurate(and it also depends if the information included is accurate to start) but it will likely come pretty close.   If all this is amicably resolved, then a Petition for Paternity would have to be filed with the Court (there are forms for that as well), all of the agreements fwould also have to be filed,  and a final hearing held.  If the parties can be civil about all this, they might be able to go to a mediator and get everything straightened out without  adversity.    Hope this helps. Best of luck, Cindy S. Vova LAW OFFICES OF CINDY S. VOVA, P.A. Broward/Boca Raton/Miami-Dade 954-316-3496/561-962-2785   
Answered on May 24th, 2021 at 12:37 PM

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