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Child Visitation

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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File for full custody
by: Anonymous

Have him go file for full custody that's just what my kids father did and it was the same as what your other half is going thru and because my kids didn't want to see him the judge gave him full custody of my five kids after me caring for them alone for 12 years .

Mediation Pending
by: Anonymous

There is a mediation pending for visitations for my 1 year old daughter, my soon to be ex-wife left me when my daughter was 2 months old and moved to Arizona, there is a pending divorce case and mediation now, I've asked repeatedly to see my daughter but she refuses and says I cannot unless she is there, I have not done anything to be supervised with my daughter. Can she legally keep my daughter from me with no court order?

Child Visitation
by: Anonymous

As paternity has been established, the father has every right to petition the court for visitation with his child. And needless to say, the child has every right to be supported by both parents. If the mother has not yet expedited a child support order, it may be in the father's best interest to address the court with the child support issue/shared custody and visitation. Unfortunately this process does not require one easy form. A petition for visitation alone will involve filing fees, the clerks summons fee and process service fees. Not including legal document preparation fees or the high cost of hiring an attorney. In looking back years from now, the father may be grateful for the relationship he has built with his son and the cost was ever so minor.

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Change of Venue/change existing order for custody


(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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Change of Venue/ Custody
by: Lorna

After you file the motion to change venue, you may also need to file a Supplemental Petition for Modification of Parenting Plan, etc. The change of venue simply transfers an existing case to a more convenient forum, but it will not do anything to change the custody. That is requested in the supplemental petition. For more information about the forms, please visit the Florida Supreme Court's site at www.flcourts.org

CHANGE OF VENUE
by: Anonymous

ALL YOU NEED TO DO IS PREPARE A MOTION TO CHANGE VENUE.

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Wife wants to leave the state with my kids

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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Parental Relocation with Children
by: FALDP Staff

So sorry to hear of your situation. Keep in mind, we are not attorneys, and this is not meant to be legal advice. We checked the Supreme Court's site, www.flcourts.org and as far as we can tell, there isn't much you can do unless you are ready to file for divorce. If you are ready to file for divorce, then Florida would most likely still be the correct jurisdiction. (Most states have a six month requirement to establish residency). Even if she moves to another state, before you can stop her, a judge may be able to compel her to return to Florida so that a reasonable parenting plan can be established.

After you file for divorce; and once your divorce petition is pending, if she moves out of state anyway, she may be in violation of Florida Statute 61.13001 - Parental relocation with a child

(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.

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How do I prove paternity?


(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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How do I prove paternity
by: Anonymous

You need to file a motion for scientific paternity testing. If you already have a case opened you can file the motion in that case.

Paternity
by: Staff, FALDP

On the Florida Supreme Court's site, www.flcourts.org there are Supreme Court approved family law forms for pro se litigants. One of those is called:

Petition to Determine Paternity and for Related Relief - Form 12.983(a)

Since you were never married to the mother, in order to assert your paternal rights and have regular visitation with your son, you need a court order granting you visitation (timesharing).

Read the instructions on the form carefully. The instructions explain which other forms must also be filed. This information is not intended to replace legal advice. Please seek counsel if you need legal advice.

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Child Relocation


(Daytona, FL, USA)

I am looking for information on prohibiting a minor from relocating to another state.

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Parental Relocation with a Minor Child
by: Staff FALDP

Hi,
The form to contest a parent relocating with a child is: Motion for Civil Contempt and/ or Return of Child(ren) 12.950g. That form and other family law forms are available for free on the Florida Supreme Court's site.

Here is part of the Florida Statute:

61.13001 Parental relocation with a child.—

(e) “Relocation” means a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.
(2) RELOCATION BY AGREEMENT.—
(a) If the parents and every other person entitled to access to or time-sharing with the child agree to the relocation of the child, they may satisfy the requirements of this section by signing a written agreement that:
1. Reflects consent to the relocation;
2. Defines an access or time-sharing schedule for the nonrelocating parent and any other persons who are entitled to access or time-sharing; and
3. Describes, if necessary, any transportation arrangements related to access or time-sharing.


Please search out the statute and read the entire statute. The above is a small part of it.


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Custody

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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The Rules are Similar Throughout the State
by: Judy L.

Dear Anonymous,
The rules surrounding child custody are similar throughout the state. The entire state is governed by Florida Statutes, but a few of the circuits have local rules and slightly different forms. In any circuit, the first piece of necessary information to answer your question is to find out whether there is an existing child custody order now. If there is an existing order, then most likely you would file a Supplemental Petition for Modification of Child Custody, Time-Sharing, and Related Relief, and attach a Parenting Plan, and other associated documents.


If there is not an existing order, you may need to file a Petition to Determine Paternity and Related Relief; a Parenting Plan; and associated documents. This set of forms is like a divorce, but for people who were never married and have a child together.

These forms and others can be found, and downloaded for free on the Florida Supreme Court's site - www.flcourts.org.

Or call 800-515-0496, and we'll match you up with a local document preparer who can help you.

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Enforcing visitation with minor child

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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What should I do???
by: Anonymous

The father of my boys has visitation with the boys he comes and picks them up whenever he wants, my sons are 14 and 16 and it has come to the point that when he does call them to pick them up they don't want to go, their father does nothing with them but just take them shopping, he doesn't know anything about school, sports, doctors ... he doesn't email me or answer my emails he tells the boys if they don't go with him he will call the police on me what should i do?

Enforcing Visitation
by: Staff FALDP

Dear Lynn,

If it is to the point of where there is no negotiation, you can file a Motion for Civil Contempt/ Enforcement. Family Law Form, 12.960, available on the Florida Supreme Court's site - www.flcourts.org. Instructions for that form state:


"When should this form be used?


You may use this form to ask the court to enforce a prior court order or final judgment.


[AND]

At the hearing, as in any other civil proceeding, you, as the moving party, will have the burden of proving the other party has not obeyed a prior court order. Once noncompliance is established, the other party will have an opportunity to show an inability to comply with the prior court order. If he or she is unable to do so, the judge may find the other party to be in contempt. If so, the judge may order appropriate sanctions to compel compliance by the other party, including jail, payment of attorneys’ fees, suit money, or costs, and coercive or compensatory fines, and may order any other relief permitted by law."

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Setting a mediation date for time share of child

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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Set Mediation Date
by: FALDP Staff

The actual procedures vary among the different counties and circuits. You may need to file a Motion and Notice for Family Mediation; the clerks may schedule it for you; or there may be a pro se liaison that will assist you in scheduling. We were not able to find the specific motion on the Florida Supreme Court's site - www.flcourts.org. We suggest that you visit the clerk of court, and ask the question. If they are not able to help you, find out if you can visit the Mediation Coordinator or Director for assistance in scheduling. If you find you need to file a motion and cannot find the specific form - you can download an all purpose family law pro se motion form here - http://www.faldp.org/free-legal-forms.html

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Termination of Parental Rights

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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Termination of Parental Rights
by: Anonymous

Dear Termination,

In Florida, termination of parental rights is usually reserved for situations where there is an adoption pending; or where the state has found that the parent is unfit. The facts that the father is in prison as a repeat offender; with past drug addictions, and has never paid support; may be enough to show that he has abandoned his daughter. Following is part of the Florida Statute, Chapter 39:

(1)?Abandoned? or ?abandonment? means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while being able, makes no provision for the child?s support and has failed to establish or maintain a substantial and positive relationship with the child. For purposes of this subsection, ?establish or maintain a substantial and positive relationship? includes, but is not limited to, frequent and regular contact with the child through frequent and regular visitation or frequent and regular communication to or with the child, and the exercise of parental rights and responsibilities. Marginal efforts and incidental or token visits or communications are not sufficient to establish or maintain a substantial and positive relationship with a child.

However, it seems more likely that a court would award you sole parental responsibility if you petitioned for them to do so; than to terminate his rights entirely. Although you are financially stable now, that could conceivably change due to accident or illness. Even though the father is currently unable to contribute to his daughter's support, someday he may be able to, and the state of Florida would like him to do so, if he is able.

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sole custody

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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Termination of Parental Rights pending Adoption
by: FALDP Staff

Dear Justin,
It sounds like what you're really trying to find out about is a stepparent adoption... maybe. In Florida, as far as we know parental rights are not terminated voluntarily unless there is an adoption pending. However, you will need to wait until you marry your fiancee to do that. Many Florida legal document preparers prepare paperwork for stepparent adoptions. When you are ready, please check through our member directory, or contact our site directly.

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Relinquish parental rights

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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Thank you
by: Anonymous

Thank you for your time. I wish Florida would work equally as hard in forcing the payee to keep established visitation plans as they do in enforcing payment front the payor.

Voluntary Termination of Parental Rights
by: Judi L.

I'm not an attorney, but I have seen this situation and question many times. In Florida, it is almost impossible to voluntarily terminate parental rights. It does make sense if you think it through. There are, unfortunately, many parents, who don't stay in contact with their children. Many of them would be thrilled to be relieved of the financial obligation of a child. But, the state of Florida does not allow this, because someone needs to support the child. And it is better to keep the parent obligated than to obligate the tax payers.

If you'd like to read more:

Florida Stature:
39.806 Grounds for termination of parental rights.—
(1) Grounds for the termination of parental rights may be established under any of the following circumstances:

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Ex left the state with my son

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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Hope this helps.
by: Anonymous

It sounds like you were never married to your son's mother. And I'm hoping that your paternity was established. You might have legally established your paternity either by signing a Department of Health affidavit at the hospital when your son was born acknowledging your paternity. Or you were named by the mother as the father and have been court ordered to pay child support.

If you have not established your paternity through the courts, you can do so by filing a Petition to Determine Paternity and Related Relief. This process is like a divorce, but for people who were never married and have a child together.

If you have already established your paternity, and there is an order for child visitation in place; or an action for child visitation that is pending; you can file a Motion for Civil Contempt And/Or Return of Children, form 12.950(g). This form and other Florida family law forms approved by Florida's Supreme Court for pro se litigants can be found on the Supreme Court's website, www.flcourts.org . Instructions for that form state in part:

To initiate a civil contempt/enforcement proceeding against a ?party who has relocated with a child contrary to the requirements of a prior court order, or is otherwise not complying with a prior court order concerning relocation, or in the event there has been a relocation in violation of Section 61.13001, Florida Statutes, you must file a motion with the court explaining what the party has failed to do. This form should be typed or printed in black ink. After completing this form, you should sign it before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court in the county where your case was filed and keep a copy for your records. ?

I am not an attorney, and this is not meant to be legal advice, or substitute for the advice from an attorney. I am trying only to provide some general information that may help.

Cheers.

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my motion for temporary custoday

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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Contact DCF
by: FALDP Staff

Dear Scott,
The court system often moves very slowly and is not structured to respond quickly to an emergency situation. There may be life long consequences resulting from child neglect or abuse. According to the Department of Children and Families website - http://www.myflfamilies.com/service-programs/child-welfare:

"Whenever there is family instability, an increased risk of problems for children is almost sure to follow. The loss of income, substance abuse, catastrophic illness, divorce, incarceration, etc, can cause disruptions in the quality of life for most families. The odds for tipping the scales out of balance for fragile and at-risk families are even greater.


Whether disruption leads to poverty, abuse or neglect, research clearly shows the best chance a child has of avoiding these problems is to grow up with their mom and dad in a stable, healthy family. Such children are more likely to have better physical health, stay drug-free, have higher educational aspirations, and remain socially-emotionally healthy.


Hotline - (800) 962-2873



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Can I successfully change file a motion to transfer my divorce/custody case from Lake County, FL to Orange County, FL?


(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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Change of Venue ~ a plea of help from a desperate mom
by: Myra

My eldest daughter has temporary guardianship of my teen daughter. The motion was filed in Martin County Fl. My daughters now reside in Osceola County and I live in Orange County. I want to transfer custody case to Orlando Fl where I live. My daughters live in Kissimmee, Fl. From where should I obtain the documents? Also since I am a single mom, disabled, and going through financial hardship where can I get free legal attorney to advise me since, I want to obtain a change of custody due to a change in material circumstances. My eldest daughter refuses to let my minor child spend not even 4 days with me overnight, because my teen daughter has a dog and my eldest daughter does not want to baby sit my youngest child's dog, she also puts on excuses such as spend too much money on gas to bring my child to me, since, I do not have a car. Where I live they do not permit dogs. please advise me. My eldest daughter manipulates me and has taken advantage of my financial hardship and good nature. I desperately need help. Thank you.



Venue for Divorce with Children
by: Judi

You can file a Motion for Change of Venue based on inconvenience. The judges have discretion in awarding a change in venue, based on fairness to both parties. It is common that in a divorce case the venue is the county or circuit in which the children reside. According to Florida Statutes:

"47.011 Where actions may be begun. —Actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. This section shall not apply to actions against nonresidents."

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How do I find a form for custody/visitation?

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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Forms
by: FALDP Staff

Forms for pro se litigants are available in several places online, at your local law library, or from the courthouse. Many of the Florida family law forms for pro se litigants are also available on this website.

Many of the forms were recently updated, so make sure you have the most recent version of each form, regardless of where you finally get the forms. The Florida Supreme Court's site is www.flcourts.org. All of the forms there are free downloads. You can purchase some of the forms here on our site; and some of the forms are free downloads too.

FALDP has enhanced some of the forms so that they are PDF fillable. Please explore our site. If you still can't find the forms that you need, fill out one of the contact forms and one of our staff members will try to assist.

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supplemental petition for relocation with minor children

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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Supplementa Petition for Relocation with Minor Child(ren)
by: Staff FALDP

Crystle,

Good for you for taking the time to work through the forms yourself. I'm not sure what part you're stuck on, but I'll answer some common questions. In general, the court wants a parent to have a bona fide reason to relocate the children more than 50 miles away from the other parent. The best reason is that you have an offer for employment and need to take advantage of that offer to make a better life for you and your children. The worst reason to relocate is that you are being vindictive and do not want the father to have access to the children. The petition form also allows you to request a temporary order to relocate pending a final hearing.

Read the form instructions carefully, and be sure to file all of the forms that are required to be filed along with the petition. The relocation form, family law forms - 12.950 - can be found on the Florida Supreme Court's site - www.flcourts.org. There is a petition for relocation with a dissolution of marriage; and a supplemental petition for relocation.

If you need help preparing your documents, please visit our Member Directory on this site; or call 800-515-0496.

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My son not wanting to relinquish his parental rights

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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NOT RESPONDING
by: Anonymous

What would happen if my son does not respond to this paper that was sent to him? Would the Court see it A BAD THING if he didn't respond?

Your son has rights
by: Anonymous

Your son still has rights even though he is incarcerated. He needs to contact an attorney to represent him in his absence. The court will have to serve your son with regard to any court proceeding pertaining to his child.

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Custody of my son

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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Register the Order in Florida
by: Anonymous

First, you will need to register the order from the other state in Florida. Although each state honors and enforces court orders from other states, modifying or changing an order from another state is different. Before you can ask Florida to modify that custody order, Florida needs to accept jurisdiction. Usually, you can establish jurisdiction by showing that your son lives here, goes to school here, etc. Once Florida accepts jurisdiction then you can petition the court to modify the custody order.

We are not attorneys, and do not provide legal advice. Please consider this as a start for your research. If you need legal advice, please contact an attorney.

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Filing for a modification of child custody

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.

Comments for Filing for a modification of child custody

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Change in circumstances
by: Judy L

I am not an attorney and cannot advise you about which information to include on the supplemental petition for modification. However, in general, as you stated yourself, the fact that the children are staying with you on different days than the days set forth in the parenting plan may be enough substantial change for the basis of your modification. Stated on the instructions for the Supplemental Petition for Modification of Parenting Plan 12.904(a):

"This form should be used when you are asking the court to change the current parental responsibility, visitation, and/or Parenting Plan/time-sharing schedule. A determination of parental responsibility, a Parenting Plan and a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child(ren)."

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child visition downloadable court forms

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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Downloadable court forms for free
by: Judy

Dear John,
There are many downloadable and free family law forms on the Florida Supreme Court's site. That address is www.flcourts.org - go to the middle of that first page, look for "Self-Help" then click on "Family Law Forms". A whole long list of forms will come up. Scroll through them and find the ones you need. I don't know if there is a "Motion to Transfer Venue", but I'm sure there is a "Supplemental Petition to Modify Child Custody/ Time-Sharing, and Related Relief". The forms all have instructions with them, which are a little (or maybe a lot) cumbersome, but you can get through them with time and patience.

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Establish Visitation Priviledges for Non-custodial Parent


(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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Establish Visitation
by: FALDP Staff

It sounds like you were never married to the mother, but you had a child together. Florida Department of Revenue as a matter of routine enforces child support but does not do anything regarding child visitation. Even though your paternity is not in dispute you need to establish your legal paternity through the court system. The process centers around a Petition to Determine Paternity and Related Relief. The related relief is visitation. There are several other forms that must be filed along with that petition. The process is similar to a divorce, but for people who were never married and had a child together.

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Parental Relocation

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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Petition for Relocation
by: FALDP

According to Florida Statutes, if you don't have his permission to relocate with your children, you must petition the court for permission. If he is as uninvolved as you say he is, it might be worth a try to just ask him for his consent, instead of going to court at all. Otherwise there are Supreme Court approved forms for this process, which can be found on their site www.flcourts.org. Look at forms 12.950 A-J. Read the instructions that go along with the forms, and you'll get a good idea of what to do.

We are not attorneys and do not provide legal advice.

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Notarized Agreement - Child Custody

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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notarized agreement binding
by: Connie Allis

Tom,
According to Notarywise.com:
FULL ANSWER
Having a document notarized generally means that a notary has verified the identity of a person who signs a document. The notary stamp signifies that the notary has witnessed the signing of the document. Notary Wise explains that a notary's signature also typically means that the document signer has vouched under oath that the contents of the document are true. Although the presence of a notary does not prove conclusively that the documents being signed are true, the website for the Texas secretary of state explains that a notary public is expected to act a public servant, becoming a third party with no personal interest in the transaction of document verification.

Tom,

I am not an attorney, but I would suggest to file a (a) Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule and Other Relief - 11/2015 and all of the other necessary forms. You can find the forms on the flcourts.org website
This would make everything legal with the courts.
If you have any questions, please do not hesitate on giving me a call.

Regards,
Connie Allis
407-488-0197
www.clalegaldocuments.com
connieallis@clalegaldocuments.com



Probably Not
by: Lorna

Hi,
I can't find anything anywhere that states that a notarized agreement between parents for custody or visitation (timesharing) is legally binding. It seems that the best that a notarized agreement will do in a court of law, is show the parties intent at the time. Nowadays parents are required to file a parenting plan. Either parent can file it as a proposed plan, they can work it out during mediation, or the judge can decide.

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Child's Passport - Child Custody

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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Child's Passport
by: Lorna

Dear Luda,
First, I am not an attorney, and cannot give you legal advice. However, I don't think this is legal advice anyway, more practical than legal. It seems logical that an Orange County family law judge is not going to be able to order the State Department to issue a passport without the consent of the father. A judge has a lot of power, but ... It seems to me that you have two options if the father continues to refuse to cooperate. You could ask the court to find him in contempt of court for his refusal to cooperate. Or you could petition the court for sole custody of your child. Once you have sole custody, you will not need his signature on the passport application.

Following is a link to the state department, passport information:

http://travel.state.gov/passport/passport_1738.html

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What is a change? - Child Custody


(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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Substantial Change
by: FALDP Staff

Hi,
I'm guessing that you need to know the definition of "change" for a family law modification. You don't say whether the modification is for custody or child support, but we'll start with the definition for change for child custody. First read this article on our site - http://www.faldp.org/Child-Custody.html. You'll discover that there isn't one single definition but "substantial change" is a collection of changes that may affect any of the parties. Also certain things like the child is now older, is not by itself a substantial change -- we knew that was going to happen.

In child support the concept of substantial change is similar, but the specific changes are different. Child support deals with the financial aspects of raising children, so things like being laid off of work, or getting a raise may be substantial. The changes must be permanent (one year or more) and involuntary. Someone can't quit their job and then try to have their child support reduced.

As to whether moving from one house to another is what the court means by substantial change -- the best we can do is say -- it depends on other factors present in the situation.

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motion for contempt - Child Custody

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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Relocation against maternal grandparent?
by: Anonymous

My husband has a daughter in Fla. The mother is on drugs and the child is living with the maternal grandmother. Maternal grandmother stopped all contact with us when we asked for child to come live with us. We filed a petition for relocation that was served on the mother while she was in jail and she has not answered. Does the grandmother have any rights against this petition? We both have lawyers. She has petitioned for temp custody and we have filed an answer.

Motion for Contempt
by: Anonymous

You can, indeed, file a Motion for Contempt citing the numerous visitation interferences. You should keep a record (diary) of such interferences (dates, times and reasons why there was interference), as well as any police incident reports you accumulate when calling the police to try and enforce your visitaion rights (if you have a specific court order). Without a specific court order (detailing dates, times and hours of your visitation/parenting time), you have no case. If you have such an order, then you can get make-up time, financial remuneration, and even request that she put up a bond for future missed times ($2500, $5000, $10,000, or even $25,000 bonds). Visitation interference/parenting time interference is a form of emotional, psychological and even physical (restraint of children) child abuse.

If you have a specific court order, you can also use that as an exhibit to file a civil suit for monetary damages against the ex and her parents, for interference with parenting time/custody, intentional/negligent infliction of emotional distress, fraud, deception, outrageous conduct, etc.

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