FAQ; Child Custody
The team at Jupiter Legal Advocates has put together this child custody faq list that may help answer questions you have about child custody issues you may be facing or considering.
If you don’t see your question answered here – please email us at info@jla.legal so we can help you.
Child Custody FAQ List
I’m confused about custody and child support – let me explain …
My children are now 14 and 16, and a few years ago I dropped my son off to his grandparents’ house and he raised a fuss he didn’t want to live with his mom he was coming home with me. Well now he and his sister live full time with the grandparents and mommy still receives the child support.
My daughter has heard the grandparents’ complaint that if they approach mommy for money then mommy threatens to take the kids back. Now I love my kids and cannot understand why I cannot just walk in and take them.
I supposedly have joint custody with mommy being the custodial parent. I pay a large amount of support and am not able to hire an attorney.
Would use tax return but mommy gets that also and she claims both children. I am not looking for a handout just a way that I can afford to do this.
ANSWER
Since your wife is the primary custodial parent, you should not just walk in and take the kids. You need to file a petition for modification asking that you be named as primary.
Unfortunately, as soon as you file, you will find that the kids are again living with mom, and everyone says you are not telling the truth about the kids living with the grandparents.
I think you need to go to legal aid and ask for assistance.
This child custody faq is a good one because these cases are complex on a good day and without the help of an attorney, you may be lost.
Certainly, guardian ad litem could be appointed to discern the children’s desires as to who they wish to live with.
I have a complicated question about my parental rights.
I was with my daughter’s father for 6 yrs. We had a child out of wedlock for the last 4 years I’ve lived in Florida with my child her father is not current on his child support payments.
I have not been to custody court, and he lives in Georgia.
He doesn’t send her anything doesn’t call often and when he does call she does not want to speak to him I try to make her but then she cries he lies and says that I talk bad about him to her when I don’t.
I’m so confused ’cause I don’t know what rights I have if nothing has been sent to child custody court and I don’t want my daughter to be without me.
What are my rights as a mother even though my daughter has his last name can the courts take her from me and give my daughter to her father, she has always been with me.
ANSWER
To begin on this child custody faq, Florida sounds like the legal “home state” of the child. If child support has been established, it sounds like a court has determined that he is the father, and you are the mother.
If the child were to be removed from the state by the father without your agreement, it is very likely that he could be charged with kidnaping. However, you MUST go to court, file the appropriate petition to establish parental control and time sharing by working out a “parenting plan.”
In the parenting plan, his contact with the child will be spelled out in a detailed manner, so if the father should do something outside the plan, he could be legally stopped. I think the easiest way to start the process is to contact the father and hire a mediator to conduct a mediation by phone conference in an attempt to work out an agreement, which can then be filed with the court.