Question 1

What type of motion, objection, appeal? Can I file an objection to the ruling and a stay of execution to the ruling of the judge? I went to court on Jan. 8, 2015. I do not agree with the judges final decision nor is the paperwork consistant with the parenting plan that was submitted. The attorney did not get alot of it correct and it is being submitted to the court for signature. What should I do?

Accepted Answer

Not sure if there is a typo in your submission- if you had a hearing on 1/8 of last year, it would be highly unusual for the order to be submitted a year later. You should consult with an attorney as soon as possible.- the matter may well be time sensitive.

Question 2

How do i stop paying child support for a child that is not mine? I took a home DNA test for a child that was suppose to be mine and it came back that she wasnt. I am currently paying child support for her.

Accepted Answer

I agree with the previous answer- you should speak with an attorney about the details of your circumstances, as they will greatly affect the likelihood of whether you would be able to disestablish paternity. I also agree that a home test will not suffice in disproving that she isn't your biological child.

Question 3

What should I do try & settle out of court or go to court?  i'm currenlty in the process of starting court in order to try & stop my childs mother from leaving florida & moving to hawaii with her new husband who's in the navy. currently i pay $530 a month for child support & $260 a month for daycare. shes stated in a deposition that when she gets to hawaii shes not going to be working she going to continue going to school. she is also trying to increase the amount of child support i pay. my ques

Accepted Answer

An assessment of the odds that relocation will be granted and how much your child support might increase can't be made from the limited information provided. The factors considered in whether to grant a relocation are contained in florida statute 61.13001. If she relocates and your time sharing % decreases, it could affect the child support. You should consult with a family law attorney in your area and discuss the details.

Question 4

How can we go about getting our daughter last name changed?  Another person is on the birth certificate that is not the biological father in which a test proved. I am currently married to the biological father and we are wanting to remove the name and add my husband name and also change our child last name as well.

Accepted Answer

I agree with the previous submissions. You may have to include/address the man who is listed on the birth certificate in the name change, but you also might be better served by seeking a different form of legal relief and have her name changed via that process. You should consult with a local attorney about the matter to determine your best course of action.

Question 5

Visitation What is the minimum visitation a father gets. My ex never was part of my son's life. Now because the DOR is going after him for unpaid support he's trying to get more custody to either get even with me or pay less money. Let me add I have a 5 year injunction. He can see our son but can't go near me. Would a judge give him shared custody? Oh and our son is on the autism spectrum. I'm very worried.

Accepted Answer

I agree with the previous submissions- there is no minimum time sharing. Determinations are made on a case by case basis. You should consult with an attorney in your area.

Question 6

What if the other party can not be served?  My x husband is in the middle of places so there is no address for him other than a work address. What if he can not be served before court date? Can I serve him the papers myself?

Accepted Answer

I agree with the previous submissions. I strongly encourage you to seek legal counsel in your area. Although I don't know your circumstances, service is generally one of the more straight forward matters in a case. I expect that you are going to have many other questions during litigation and would likely benefit from legal assistance.

Question 7

My ex signed my son up for sports without asking me. I have him every Saturday. I did that season but asked her not to sign him up for the next due to family plans and other children, but I'd consider the season after. She signed him up anyway and demanded I take him. When I refused, she filed to modify timesharing, force me to take him, pay half, give her sole decision-making authority, and filed contempt. Our judgment says nothing about extracurriculars or costs. Can a judge do this?

Accepted Answer

It is certainly within the court's power to award her what she is asking for, if she shows that there has been a substantial change in circumstances since entry of the final judgment and that the changes requested are in the children's best interests. However, the relief requested seems a bit extreme based on the facts, although limited, that you provided. You should consult with an attorney in your area to discuss the matter and to protect your and the children's interests.

Question 8

Sole custody of my son who also does not want to be with father. My son's father has been in and out of prison and was abusive to me. Since his release, I tried to let him see our son, but he hit me in the mouth, threatened to knock me out, and took my car keys in front of our son. He has also threatened to kill me and said he would take my son and not return him. Now he wants a lawyer to see him. I am scared and do not trust him. How can I get sole custody?

Accepted Answer

You should talk to an attorney in your area immediately about the situation and your options. In addition to the family law issues raised by your inquiry, you may want to seek a protective injunction if is a potential danger to you and/or your son.

Question 9

Can I request a letter from her doctor stating my ex's grandma doesn't have c dif? My ex has said his grandma has c dif and then he said she doesn't. Our 9 month old is supposed to start going to his home with which he lives with his grandma this weekend. I would like to request a written note from his grandma's dr stating she does not have c dif. He has refused to get a letter. I am very concerned since c dif is highly contagious.

Accepted Answer

You can ask for it, but you don't have any authority on your own to compel it. There is not enough information in your submission to give you guidance in the matter. Generally, if there is a court order regarding time sharing already in place, then it needs to be followed. You may be able to seek modification of it based on your concerns. If you were never married to the father and there is no order regarding the child in place, then you are entitled to make decisions on time sharing. You should consult with a family law attorney to discuss your circumstances and to determine your options.

Question 10

I am a single mom of my 6 year old and I have no custody agreement and his father pays no financial support can I move out FL. I am being offered a better job in upstate NY, where my 4 other children and extended family live. The cost of living is lower and Rouses Point is a safer place to raise my son. His father pays no support, and we have no custody or visitation order. He is on the birth certificate and has our son about 6 days a month. Can I move from FL to NY without his permission?

Accepted Answer

If you were not married and his paternity was never established, he does not have legally enforceable rights and you are entitled to leave the state with your son. However, he could then initiate a paternity action and ask that the Court require you to return your son to Florida. You should consult with a family law attorney about your specific circumstances and to determine your best course of action.

Frequently asked questions

How do i stop paying child support for a child that is not mine? I took a home DNA test for a child that was suppose to be mine and it came back that she wasnt. I am currently paying child support for her.

What if the other party can not be served? My x husband is in the middle of places so there is no address for him other than a work address. What if he can not be served before court date? Can I serve him the papers myself?