How do I handle parent not following a court ordered time share plan?

Changes to the order are not permitted unless both parents agree. That means if he wants less time your options are to a) agree, b) not agree and advise that he either takes whole weekend or no part of the weekend. But he can only return them early if you agree. Since this may create issues with your kids, it is possible that you may start denying him the shorter weekends in order not to be stuck having him return Read More

What is best motion to file regarding parental time share?

If your intent is to modify the schedule that he takes the children on or restrict his access based on his being homeless, you must file a Supplemental Petition for Modification of Time Sharing. This will allow you to indicate to the court what he substantial, unanticipated changes are that warrant a change in the time sharing schedule from the original Final Judgment. Read More

I just got served with a modification petition for increased child support, can I at the same time ask for more timesharing?

You would need to file your own Petition for Modification of Final Judgment in order to modify the time sharing arrangement that you currently have and that new arrangement being taken into consideration with regards to child support. Without you filing for modification, the court will simply recalculate child support based on the current income of both parties, including income from her inheritance, and the time Read More

Can I move out of Florida with my son back to (a different state)?

If you are an unwed mother and there is no order finding that the Father is the "legal father" and giving him time sharing, Florida law gives you sole guardianship of the child and sole parental responsibility. Therefore you have the authority to relocate with the child. Due to the sensitive nature of this situation, you should consult with a family attorney that can review all of the facts of your matter and give Read More

Does a restraining order supersede a current parental agreement that gives me joint custody?

Sensitive issues like this SHOULD be handled with an experienced family attorney. The DV judge may have legal authority to transfer jurisdiction of the case so only an attorney can assist you in determining whether you have the grounds to have the matter re-opened here in Miami and have it dealt with her. Read More

How can my husband and I get custody of a child he had with another woman?

If you want this child regardless of whether he is your husband's biological father, then a paternity petition must be filed asking to find that he is the legal father of this child. If he wants confirmation of being the father, he can request in the paternity petition for a DNA test. Once the paternity petition is filed he can obtain legal rights and/or responsibilities for this child, including time sharing. Read More

What is paternity action?

[dropcap type="circle" color="#ffffff" background="#555555"]Q[/dropcap] What is paternity action? And also, what rights does he have if he picks up my child from school and doesn't agree to give him back? Is he able to do this? [dropcap type="circle" color="#ffffff" background="#ef7f2c"]A[/dropcap] A paternity action is when a Father who never married a Mother establishes his rights and responsibilities to his Read More

I want to take my sons father off the birth certificate.

[dropcap type="circle" color="#ffffff" background="#555555"]Q[/dropcap] I want to take him off, he don't do anything for his kids and I'm getting married and my finance wants to adopt them so they can get proper medical assistance cuz much finance is in the navy and my son has kidney disease. [dropcap type="circle" color="#ffffff" background="#ef7f2c"]A[/dropcap] If the stepfather wants to do a step-parent adoption Read More

What is paternity action?

[dropcap type="circle" color="#ffffff" background="#555555"]Q[/dropcap] And also , what rights does he have if he picks my child up from school and doesn't agree to give him back? Is he able to do this? [dropcap type="circle" color="#ffffff" background="#ef7f2c"]A[/dropcap] A paternity action is when a Father who never married a Mother establishes his rights and responsibilities to his child. This type of action Read More

Can I get a subpoena for sunpass records?

[dropcap type="circle" color="#ffffff" background="#555555"]Q[/dropcap] My ex is accusing me of not allowing her to have our son until 6:30pm on his birthday and that he went to bed at 8:30pm. Our Mediation agreement says that the child should have 3 hours with the parent that is not exercising time on his birthday. However, she did in fact pick up our son around 1:30 that day not 6:30. Is it possible to get a Read More