My husband and his former girlfriend were not married when their child was conceived, however my husband's name is on the birth certificate and paternity was established by the court. There was never a relationship between my husband and his son until recently. Even now there is some resistance on the child's part (he's 10 now and grew up calling her now-husband "dad", so it's to be expected). We've suggested waiving my husband's parental rights and letting them go on their way with the life the child is familiar with. She's obviously intent on receiving child support and so has not agreed to do so. If my husband is going to be held legally responsible for this child, we would like to exercise his rights as a parent and establish a firm visitation or joint custody agreement. Can this be done through the existing case involving the child support order or does he have to file a separate petition and pay separate filing fees and court costs? If a separate petition is required, what would be the appropriate petition to file?
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(Coral Springs, )
What forms do I need to file for a change of venue from Volusia County to Broward County and what forms will I need to change the existing order as far as child custody?
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I'm a 22 year old male and married with a three year old and a one year old.
My Wife recently asked me to leave because of the numerous arguments we have had in the last two months. She asked for a separation so instead of her leaving I let her and the kids stay in our apartment. I went to live with my parents.
I asked her to get counseling she agreed and after I went into my boss's office and asked for the papers for the company's mental health care counselor I took them home and she threw them in the garbage and say no never mind its over!
She is now wanting full custody of the kids and to move them to another state. I'm so stressed out I don't know what to do. I need and want desperately to be in my children's lives. What are my options and what are the laws in taking Children out of state?
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(Ft. Lauderdale)
I'm trying to get visitation with my son. I lived with his mom, but we were never married. After we split up, she was fine for a long time, and let me see him just about every time I asked. Now she has a new boyfriend, and they're not letting me see my son at all. My boy is two years old now, and he definitely is mine. Everyone knows that he is my son, he looks just like me. My name is on the birth certificate. What do I do so they can't keep my son from me anymore? Any help is greatly appreciated.
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(Daytona, FL, USA)
I am looking for information on prohibiting a minor from relocating to another state.
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What are the correct documents & how would I go about filing them to get custody of my daughter in Sarasota County?
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by Lynn
(Fort Myers, FL)
I want to file a pro se motion to enforce court ordered visitation with my 16 year old daughter. Her mother refuses to assist in facilitating and says she is old enough to decide if she has to go with me. My daughter does not want to visit and refuses to come.
I want my court ordered visitation.
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I am in the process of developing a parenting plan between myself and my daughters mother. I was represented by an attorney to start this process but due to my financial status had to drop those services. I have since filed the form to establish indigent status and was "told" that I qualify for such by the clerk at the court where I filed. An order is in place that states that a mediation date must take place within 60 days of the order, which falls the end of January.
My question is ... What next? Who sets the mediation date? The court or myself? And if myself what is the process to do so?
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My daughter's father and I were not married, however, he did sign the birth certificate and she has his last name. He has never consistently been in her life. She is six years old and he has been out of her life more than in her life. He is now serving a long prison sentence and has never paid child support. I am financially stable with a career and want to know if my circumstances would allow me to terminate any parental rights he has or could potentially have if he were to get out early. We keep in contact through letters. He is unfit with past drug addictions and a repeat offender. Please let me know my legal options.
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by Justin
(Kissimmee)
Dear FALDP,
I live in Florida and am seeking sole custody of my son. I need help finding a legal document preparer who can help me with the termination of his mother's parental rights. My fiancee would like to adopt him from his mother who currently has custody because we feel she doesn't raise him well. Thank you for your help.
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I want to know if I can relinquish my parental rights and stop paying child support for a child I have not seen in over a year and do not know where he is.
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My son's mom took my son out of state -- to Alabama.
How do i get him back or find out if he's safe? I want custody of my son -- at least 50/50 or 100 if I can. My son is my everything and I love and miss him more than words can say. The reason they gave for leaving the state was "because DCF called them to schedule an appointment to check their house." I really need help to get my son back or to see him. What can I do?
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by scott
(crawfordville, fl)
My wife has gotten into drinking a lot,and leaving our 20 month old daughter with non-family sitter two and three days and as many as two or three nights a week to go drinking and sleeping with friends or boyfriends or guys met in bars. She stays at home roughly 10 days a month. When she leaves for days she notifies no one including her mother who she lives with. When in the home with our daughter she does less and less of the parenting. She will call the sitter at a moment's notice to get my daughter and stepdaughter. She will leave the kids home in bed to go out and hope they don't wake up so her family members will have to deal with it, then come home late morning and someone has had to miss work or be late to work. She will take children to sitter's house at 9 or 10 pm to go out and leave them overnight for the sole reason of getting drunk. I am concerned for my daughter's lack of parenting by her mother and filed for an emergency hearing which is tomorrow morning. I have no attorney right now and she does. how do i best argue this case?
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(Orlando, FL)
Statutes in support of moving my case to Orlando from Lake County, FL. We were married and living in my ex husband's house in Clermont(Lake county). Our divorce was final in lake county 2 years ago. I moved to downtown Orlando(Orange County), 1 mile from court house. Our 4 year old son goes to school in Winter Garden(Orange County)and we have 50/50 time share per FL law. Since our divorce, my ex remarried, had a baby, and is now going through another nasty divorce involving domestic violence in Orange County. He lived with her for 9 months in Orange County, but recently moved back to Clermont. The Lake county court house is located 50 miles from me and 30 miles from him. Orange county is 1 mile for me and 28 miles for him. He has a nasty attorney in lake county and continues to try to control me and cause expensive attorney fees. I would like to have case moved so that I can use a local attorney without feeling "small towned" in Lake county. We have not come to an agreement about location of future schooling for our son and I fear a nasty battle with expensive fees. I feel that I have a better case in Orange County with better schools in my favor.
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I'm already paying child support, how can I make sure that I can actually visit with my daughter? My ex lets me sometimes, and sometimes she just tells me no. I miss my daughter and want to make sure I can see her regularly. Isn't there a form I can file that will make sure I can see her? I was never married to my ex.
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by krystle dominguez
(broward, florida)
I'm representing myself for supplemental petition for relocation with a minor children. just want to find out how to fill it out correctly.
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My son is incarcerated at the moment and will be for another three years. The boy in question (my grandson's)mother's new husband is trying to get my son's parental rights relinquished. My son at the beginning wrote my grandson letters every three months. The mother returned the letters every single time. She finally called the prison where my son is incarcerated and got the prison to stop him from writing anymore letters. How that was possible --- I don't know.
We need to know what my son's course of action can be at this point.
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I surrendered my parental rights for my son to my ex in-laws upon becoming incarcerated. They always said upon my release my son belongs with me -- his mother. Now that I have been released, and I am back in my son's life my son wants to be with me. But I'm not sure how to go about getting custody back. The original custody order was granted in another state. How do I go about getting custody back? The grandparents have no disagreement to the custody of my son being placed back with me.
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I am filing a modification of child custody of my two daughters. My ex wife an I have been divorced for 10 years. There are many reasons, below that I would like to list on the petition. Can you advise if all of there issues are appropriate to be listed on the initial petition. The substantial change in circumstances is the change in the amount of visitation I have had in the past 3 months. Per our original custody agreement, I have my daughters every other weekend. My daughters are now staying with me on weekdays and weekends with Mother.
Child 1:
Addiction to sexting (strangers met online), adult chat sites and viewing pornographic material. Any opportunity given, she will seek out this online attention. This has happened many times while with mother, however Father was not told of this behavior until recently.
Eating disorders
- Stealing baking goods from grocery stores, hiding in bedroom and eating in secret. This happened while at our home, however it initially happened at mothers home, Father was not advised.
- over eating and lack of self control
Cutting - pictures that she had taken after cutting were found on her laptop. Mother was aware of this behavior, however did not advise father.
Severely immature for her age. She gravitates towards establishing friendships with much younger children
Depression
Lack of self esteem/self confidence and care in her appearance
Currently Child 1 has been prescribed Fluoxetine, treats depression, obsessive compulsive disorder (OCD), eating disorders, and panic disorders. This was prescribed by a physiatrist Mother was treating with and then began bringing Child 1. Father was not consulted nor advised of this treatment or prescription. Father found out when the medication was sent with Child 1 during a stay with us.
Child 2:
Stealing. It was discovered that she has been stealing nail polish, makeup
Excessive lying
Extreme sensitivity to any criticism, even if it is constructive.
Both:
Lack of care and accountability with class work and home work. They struggle each year, barely passing and its becoming increasingly worse. However, while the girls have been staying with us, their grades for the 4th quarter improved substantially.
Episodes including arguments and physical altercations between the girls have occurred at mothers home when they have been left unsupervised. Most recently a window in their apartment was broken by Child 2, during an altercation.
On 2 occasions the POLICE had to be called because Child 1 went missing.
- the 1st time, Mother left Child 1 at home in the morning because she was not ready. Child 1 left the apt to walk to school (9 miles away) She was missing for 4-5 hours, the Police were called. Father found her walking a mile away from school.
-2nd time, mother instructed Child 1 to go home with whom they carpool with, Child 1 refused. Child 1 could not be located at school or walking home. The Police were called. She was missing for 5 hours. She was later found sitting on the side of the road near the school.
Other concerns:
Mother has had at least 3 male roommates since the divorce, with little or no regard to the concern Father felt nor the ability to recognize how inappropriate having male roommates is while providing the primary residence for 2 young girls.
Mother has changed residence 6 times and switched the girls school once since the original divorce.
Any assistance is appreciated.
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by John
(Broward County, FL)
i need to TRANSFER and REOPEN my child support/visitation case from Miami-dade 11th court to Broward County court....where can i find download for those forms and can they be done in one court appearance?
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(Broward)
I have a daughter for whom I pay child support. I have not seen her since she was a year old. I would like to see her, but the mother refuses. She is now eight years old and I have been denied any access to my daughter. What form do I use?
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I have shared parental responsibility of my children with my ex husband, and I'm in the process of getting full custody through the courts. I receive no child support, he has no stable home, no driver's license. My husband just accepted a promotion and is being relocated to Tennessee. Can I move there with him and my children?
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by Tom
(Sanford)
I have a notarized custody agreement between myself and the mother of my child. She wants to contest it though. Is the notarized signed custody agreement legally binding or do I have something to worry about?
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by Luda
(orlando florida, orange county)
The father of the child is in Brevard county; the child lives in Orange county with Mom Five years ago, the judge in Brevard County ordered the father to give the child's passport to the mother. The father lost the passport and reported to passport services that the child possibly could be taken out of the country. The father was ordered by the court to pay for expedited service to get passport. It is time for the mother to renew the child's passport. The father learned about the child's vacation with mom, he signed the form for the passport, -- however he refused to call the passport agency. (Since he flagged the passport five years ago , the Department of State requested him to call). He refuses to do so, and is holding that issue above child's and mother's head. I want to file for emergency hearing for a judge in Orange County to issue an order to get a passport without father's consent.
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(Brevard)
How big of a change does it mean to make it a substantial change? What does that mean? Is moving to a different house qualify as a substantial change in circumstances?
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by Dennis
(Connecticut)
I live in Connecticut and my ex wife lives in Florida with our two children. I do not have a lot of money and it is a huge expense for me to visit my children so these visits have been very few. Some years back I booked a flight and was prepared to visit the children and my Ex decided that she was moving to Boston Mass that day -- and driving no less so the trip was cancelled with no consideration for the expense. I filed motions in Mass and she decided to move back to Florida. All the time I do not get to see my children. Recently over the Christmas period I made arrangements through a visitation center with my ex wife to visit my children. All the dates were agreed on and I traveled down to Florida. I had a meeting with the visitation center the day before at a cost, as per agreed upon and was to visit with the children there the following two days. They were meant to be two hour visits but asked if it could just be an hour to start as the children were obviously unsure as it had been a while since we had met to which I agreed, at the same cost as the two hour visit. The visit went extremely well and was great. Driving home from the visit I received a call from the center saying my ex wife had cancelled the second visit to which I have no answer to. I believe my wife and her Parents to whom she is living with are doing everything in their power to ensure that my children do not have any kind of relationship with their father and it has to come to a stop. The visitation order I have is from years back and was agreed upon at the time for no other reason that it had been a year since I had seen my children at this time. My ex wife is diagnosed with Bipolar disorder and lives with her parents whose dislike for me is obviously hindering any chance I may have of having a loving relationship with my children.
I am looking to file a motion for contempt and to file for full custody if I am not allowed to even speak with my children on a regular basis
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by Walter
(Bartow)
Which state has jurisdiction over the kids, Florida or Texas? Notice of Hearing,RE: Motion For Civil Contempt/Enforcement has been served to my ex in Texas and states if she is no show a bench warrant could be served. My child support is automatically withdrawn from my payroll. I do not expect her to come to the hearing. So I am certain she will never come back to Florida. Please let me know if I need legal aid for this hearing and how do I get it. I am afraid I will never see my kids again under the circumstances.
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by Joyce
(Florida )
My ex and I were married and divorced in Polk County. We had two kids who he got custody of for the simple fact I made a decision to move out of Polk County. So without family support I did that and the judge stated that because I had no family in Pasco that the kids will stay with their Dad. Now he is stating that he is wanting to move to Ohio with his girlfriend. The kids have no family in Ohio at all. Its all her family. What do I do in the paperwork? We have it that neither of us can travel out of state with the kids unless there was a 30 day notice to the other parent. Please help 'cause all of their family is here in Florida. They have a baby brother here, and I don't want them to move out of state.
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by Anonymous
(Tavares FL )
I was in a previous relationship up until last December. I had my beautiful daughter within that relationship she is now 2. I am a 21 year old male looking to get visitation rights for my daughter. Her mother currently is not answering calls texts etc. I have offered help and all. She is persistent on saying I won't ever see my daughter again. I have never been violent toward her or my daughter. Though I am looking for work I have no job but am currently attending school full time to better my daughters and my future to give her anything she needs. Please let me know my legal stand point I am on her birth certificate and wash her sole provider until her mother and I split up.
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by Jd
(Okaloosa county, Florida)
I'm am 29 years old and I am currently trying to help my stepdad with the paperwork for him to adopt me. He has been the only father I've known and my mother passed away 2 years ago. We have all of the needed documents as well as the consent forms from myself and my spouse. The only thing hindering this is my biological father will not respond to signing over his parental rights. What can I do at this point ?
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by Brandy
(Apopka,FL)
My son is 2, His dad and I were never married. He has been staying with his grandmother for a year now and I just recently decided to take on my responsibilities of being a mother and went to pick up our son. His dad and I have been separated for 4 months now,and he is living with his mom, our sons grandmother. Who has legal custody rights in Florida me or him? Also I am in Orange county he is in Lake County will that affect our case?
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by Yessenia
(Miami,FL)
Okay I went through legal aid two years ago where I got granted divorce and full custody for my two children due to their father being abusive to our children and myself. He is now seeing someone which is telling him to try and get some type of custody. He is unsafe and is a heavy drug user. I was told when I got served that I had 29 days to respond however it is now three days until then I have set up my response but cannot take off work until next week and do not want the court to base a decision without my response Indy children's life's are in danger. What happens if I do not respond in time ?
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by Edith
(Casselberry florida Seminole county)
We would like to adopt our 5 grandchildren we have had temporary custody of them for 5 years now but they have lived with us all their lives we get no support from anyone my daughter their mom has agreed but their father who is serving 10 years in prison for putting a gun to a guys head and robbing him says he won't agree he has never been a father to these kids he was in prison before this for dealing in stolen property and drugs got out we let him see the kids several times then he started doing drugs again and that's why he robbed this guy for money he has to serve 8 more years the kids ages 17 14 12 9 6 want us to adopt them but we can't afford an attorney can we pursue this on our own
by Danielle
(West Palm Beach, Fl, USA)
How can I object to child relocation?
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by Laura
HI my name is Laura I am hoping maybe someone out there can possibly help me? My ex husband and I were divorced in 08 in Florida he got everything and threw me on the the streets after 22 yrs of marriage and moved his 21 yr old gf into my house with my then 8&9 year old daughters. I ended up having to move up to PA to get my life together. My divorce decree states that my ex and I have shared shared parental responsibility and time sharing which means that we both have full parental rights, no specific times or days or holidays etc that we would decide on our own.It just states that the children will reside with the father on a day to day basis and the mother shall visit and have contact with the minor children at times and upon terms agreed upon both of us. Well he has never done that he doesn't even talk to me he makes his new wife tell me anything that he has to say. She tells me that I'm not allowed to talk to my children that if i want to talk to them that its going to be under their rules .Well the divorce states that any and all decisions be made jointly between us .not her.I am supposed to have open and free access to both him and my girls. None of that is happening.I have not been allowed to talk to or see my girls for 6 yrs because of lies told to me and them.I am now being told by friends of my oldest daughter that both her and her younger sister are being verbally mentally emotionally and physically abused by their dad and stepmom. I need to know since my divorce doesn't state specifics can I go down to Florida and remove my girls from their dad and bring them back up to PA with me because I FEAR for there safety.I do not trust either one of them. He was abusive to me my entire marriage.I want them with me and away from them but can I do that or is that kidnapping? Someone PLEASE help, my girls need me I can't afford an attorney and my ex is in major contempt of court and alienating me from my children and them from me. Please any help would be greatly appreciated Thank you so much Laura
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by Grandparent
(Lee County, Florida)
She is currently in foster care, going through the State of Florida's court process & I want to adopt her, do I have to wait for this process or can I go ahead and file papers for adoption ?
Please advise. Thank you.
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by Samantha
(Deltona)
My son is 5 months and his dad has not seen him or anything. We broke up right before I found out I was pregnant, and he was already dating someone else. They are not engaged and getting married. I haven't spoken to my son's father in months. It was confirmed with DNA through the state that he is the father. When going to court for child support in the state of Florida, will they establish visitation? Or will court for visitation have to be separate?
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After my boyfriend received visitation rights the mother moved 7 hours away. Well every visitation the mother drives here and stays with her family for a week or a few days then argues with my boyfriend that she shouldn't have to meet him half way for drop off. His thing is that nobody is asking her to drive here and she gets to stay here for days where as he would have to spend 14 hours on the road if he were to take his son all the way home. Are we nuts in thinking this? Would the courts agree with her?
by Mariah
(Weston , Fl)
My daughter is now 12 yrs old she hasn't seen her biological father since 2007 . There is a court order for child support which he rarely pays. A warrant was just issued for his arrest for non-payment how do I have his parental rights terminated
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by Evelyn
(Boca Raton, FL)
What are the Florida statutes regarding Grandparents' rights in a foster care/state's custody case? Can a child be placed with their Grandparents in lieu of being placed in a foster home? If so, what are the laws surrounding this right? Thank you.
by Alonzo
(Tavares,FL)
I need to file a motion to compel compliance against my ex who refuses to let me speak to my children when I call. I also have a court ordered supervised visitation of three hours per week and at present, due to financial and supervisor scheduling limitations, can only see my kids one hour every other week. I have asked on several occasions for the spouse to discuss with me some alternatives to the present supervisor (ie: having someone else supervise at much lower cost and more amicable schedule). My problem is that the case has been closed. I am not sure if I should re-open the case or pay the filing fees and such to establish a new case. Can you or anyone help me with this?
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by Sally H
(Pembroke Pines, FL)
How can I file to get emergency sole custody of my daughter? I have reason to believe that my husband is exposing my daughter to adult content when he has had her in his care. He is also very violent towards me in front of my daughter, and I'm afraid that she will be hurt or something bad will happen to her if I let her leave my care and go with him. Help!!!
Hello,
I am desperately seeking direction on filing for custody in Florida. My ex and I (never married) have 2 girls aged 15 and 7 who currently reside with him in Orange county while I live in Seminole county. I am attempting to file for custody because he has been keeping the girls from me and will not answer calls, texts or emails because he says the girls don't want anything to do with me and that they want to live with him. He's had them tell me this over the phone as well as through voicemails and texts which i saved. I've never given up rights to my children nor abandoned them or neglected. Over the past 5 years since we split up they have resided in both of our homes for various amounts of time and have received care from us both. Currently I have not seen my children since Dec 2015. What can I do in regards to getting custody/visitation rights while litigating? I was told by an attorney about a form or Myron I could file for that. I was also told by another attorney to file for majority of the custody, is that usually recommended? Also I had an instance about 5 years ago shortly after the split up in which I mentioned suicide to him. It resulted in him calling the cops and they took me to a behavioral center for a couple hours to be evaluated but I was released same day. Could this have any bearing on whether I will get custody or visitation? I have since held down a job for over 4 years and a place of residence. Any assistance would be greatly appreciated!
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by Traci
(Charlotte NC)
Hey everyone first I want to say bear with me I do talk-to-text because I have MS and my fingers don't work as well but my daughter who is turning 12 this summer lives with her dad and stepmom in Sarasota Florida I live in North Carolina with my husband and two kids and let her move there 3 years ago when my health took a turn for the worst I did not want her to have to go through seeing me like that well he got married and basically refuses to let me see our daughter and it's been almost a year we used to have a parenting plan which I still have joint custody and Joint visitation and he has just residential custody but now says something of I can't remove her from Sarasota County I just need to know what to file for emergency mediation to try to get her this summer because she there are things going on there that are not healthy so I need to fill out a formpro se to request time sharing in joint custody or even just any type of visitation I have no restrictions are restraining orders to why I can't see her he is just playing the card I have to go through judge to see her since he knows I don't have money for a lawyer and live in another state please help me and my daughter figure out what forms I need to do especially since I'm 9 hours away any help is greatly appreciated and again thank you for working with me by reading this if it doesn't make sense
by Andrea
(Bartow, FL)
What are some of the grounds in which child custody can be changed? Would a substantial change in the primary parents situation merit such change in custody? How do I go about asking the Court for a change in custody?
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by Louise
(Pinellas County, FL)
My ex husband has filed a motion for civil contempt with the court over the time sharing on our court ordered parenting plan. I am not in violation of what I am being accused of. I would like to submit a response or answer to the court, but I can't find the proper form. Could you please advise the form number for responding to a motion for civil contempt?
I am in Pinellas County Florida.
The court has not issued a court date or proceeded in any way since his motion was turned in to the court, but I would like to respond before a court hearing is put in place.
Thanks.
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by Lena
(Florida)
My husband just left me and our child without any means of support. How can I file an emergency motion for support? How long does it take to get an active order for support?
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by S. smith
(Miami)
Hi,
I'm reporting for basic training at a federal academy, I got approved by my chain of command to take my infant child with me. So, it will be like I'm working a normal 7am-pm job. I just notified my lawyer 5.12.14 that I'm leaving, and she said she is going to request an emergency hearing, so I can get temporary relocate. My ex does not live in my state he is 13 hours away, and my temp location is half way to his state. Why can't I leave the state?
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(bartow, fl, usa)
Last night I received a motion for contempt via efile. It is claiming I am in contempt for failure to provide the other parent with my new employment information. I have submitted the income deduction order, received exactly 2 weeks ago today, Feb 1, to my employer. I have updated my employment info with child services. also the other parent has filed a new petition for child support in her county of residence 10 days after she was awarded this child support in my county of residence. I have yet to be served on that and I also will not be receiving this motion for contempt by mail because the other party used my previous address. I provided notice of change of address in our current case the same week that I moved back in November and have also filed it with the new case this past week after finding out through forwarded mail ads from attorneys advising case against me. I am not sure if I can file a motion to quash for improper service, how can I find out what the process is in my county? but I also want to respond and deny the claims and provide the proof I have of my payments etc also I feel she is wasting court time and money just to harass me and bother. if anyone can guide me in the right direction, I'dtruly appreciate it. thank you in advance for your time and assistance it is much appreciated.