Child Custody

Who is the Custodial Parent When There is No Court Order and the Parents Are Not Married?

In Florida, where there is no court order, and the parties are not married, the mother is considered the custodial parent until the father goes into court and files a paternity petition to establish that he is in fact the legal father. The court will typically also determine child support at that time, and can also determine time-sharing and how major decisions concerning the child will be made.

Who is the Custodial Parent When There is No Court Order and the Parents Are Not Married?

In Florida, where there is no court order, and the parties are not married, the mother is considered the custodial parent until the father goes into court and files a paternity petition to establish that he is in fact the legal father. The court will typically also determine child support at that time, and can also determine time-sharing and how major decisions concerning the child will be made.

What is a Parenting Plan?

A parenting plan is a legal document that is either agreed to by the parties or established by the court in order to determine the time-sharing that the parties will have with the child, and also to determine how decisions will be made concerning the children.

What is a Parenting Plan?

A parenting plan is a legal document that is either agreed to by the parties or established by the court in order to determine the time-sharing that the parties will have with the child, and also to determine how decisions will be made concerning the children.

What Are the Requirements to Move to Another State With My Children?

If a court order has already been entered, that established custody, then you must file a petition to relocate in the court that initially established the custody. If there is no custody order, and you are the mother of the child, and were never married to the father of the child, special rules apply. I recommend that you contact an attorney if that is your situation.

What Are the Requirements to Move to Another State With My Children?

If a court order has already been entered, that established custody, then you must file a petition to relocate in the court that initially established the custody. If there is no custody order, and you are the mother of the child, and were never married to the father of the child, special rules apply. I recommend that you contact an attorney if that is your situation.

What Are Some Common Arrangements for Parenting Time in Florida?

In the past, the mother normally had the majority of the time-sharing with the children. But times have changed significantly, and more and more it is likely that the court will establish a time-sharing plan that awards to both parties 50 percent of the time-sharing.

That means that 50 percent of the time the child will sleep at the mother’s house and 50 percent of the time the child typically sleeps at the father’s house.

Now, sometimes one of the parties is not able to share time with the child 50 percent of the time because that parent travels or for any other reason. And in those cases then sometimes the percentage is split in other ways. It could be that one parent has 80 percent of the time and the other parent has 20 percent of the time. Sometimes it’s 60, 40. So, it really depends on the individual needs of that particular family.

What Are Some Common Arrangements for Parenting Time in Florida?

In the past, the mother normally had the majority of the time-sharing with the children. But times have changed significantly, and more and more it is likely that the court will establish a time-sharing plan that awards to both parties 50 percent of the time-sharing.

That means that 50 percent of the time the child will sleep at mother’s house and 50 percent of the time the child typically sleeps at father’s house.

Now, sometimes one of the parties is not able to share time with the child 50 percent of the time because that parent travels or for any other reason. And in those cases then sometimes the percentage is split in other ways. It could be that one parent has 80 percent of the time and the other parent has 20 percent of the time. Sometimes it’s 60, 40. So, it really depends on the individual needs of that particular family.

If Child Support is Not Paid, Must Visitation Be Allowed in Florida?

In Florida one thing has nothing to do with the other. Whether a parent pays his child support or not does not determine whether he or she has time-sharing with the child. The proper course if a father or a mother is not paying his or her court-ordered child support is to file a motion for contempt in court so that the court can determine what action to take against the father or the mother for failure to pay the child support. But the court will not allow the parent that is supposed to receive the child support to deny the other parent time-sharing as a punishment or consequence of the failure to pay the child support.

If Child Support is Not Paid, Must Visitation Be Allowed in Florida?

In Florida one thing has nothing to do with the other. Whether a parent pays his child support or not does not determine whether he or she has time-sharing with the child. The proper course if a father or a mother is not paying his or her court-ordered child support is to file a motion for contempt in court so that the court can determine what action to take against the father or the mother for failure to pay the child support. But the court will not allow the parent that is supposed to receive the child support to deny the other parent time-sharing as a punishment or consequence of the failure to pay the child support.

I Am a Non-Custodial Parent, but My Child Lives With Me Now. Can I Change the Child Support Order?

Yes, after an order is initially entered, any parent can come back to court to modify it. In this case. If the child is now living with the parent that the child was not initially living with, then that would be considered a substantial change in circumstances that would warrant a change in the prior order.

I Am a Non-Custodial Parent, but My Child Lives With Me Now. Can I Change the Child Support Order?

Yes, after an order is initially entered, any parent can come back to court to modify it. In this case. If the child is now living with the parent that the child was not initially living with, then that would be considered a substantial change in circumstances that would warrant a change in the prior order.

Can I Terminate My Ex-Spouse’s Visitation if He or She Doesn’t Pay Child Support?

No, in Florida one thing has nothing to do with the other. Child support is one thing and time-sharing is something completely different.

If the father or the mother is not complying with a court order to pay child support, the proper action is to file a motion for contempt in court so that the court can take action against that individual for failure to abide by the court order. The court will not allow a parent to use time-sharing as punishment for failure to pay child support.

Can I Terminate My Ex-Spouse’s Visitation if He or She Doesn’t Pay Child Support?

No, in Florida one thing has nothing to do with the other. Child support is one thing and time-sharing is something completely different.

If the father or the mother is not complying with a court order to pay child support, the proper action is to file a motion for contempt in court so that the court can take action against that individual for failure to abide by the court order. The court will not allow a parent to use time-sharing as punishment for failure to pay child support.

Can I Get Visitation or Custody/Time-Sharing, Even Though I Was Not Married to the Mother, and I Am Not on the Birth Certificate?

You can absolutely can get time-sharing with a child. It is done through the filing of a paternity petition. In that paternity petition, you can request time-sharing, you can request that child support be established, you can request that you be allowed to share in the major decisions related to the child.

Can I Get Visitation or Custody/Time-Sharing, Even Though I Was Not Married to the Mother, and I Am Not on the Birth Certificate?

You can absolutely can get time-sharing with a child. It is done through the filing of a paternity petition. In that paternity petition, you can request time-sharing, you can request that child support be established, you can request that you be allowed to share in the major decisions related to the child.

Can Custody/Time-Sharing Rights be Modified in Florida?

Yes, they can, but you must show a substantial change in circumstances. So in the event that your custody order initially awarded custody to the other parent, and you now wish to change that, you must show what substantial change in circumstance occurred since the court order was initially entered, that would justify the modification of the custody order.

Can Custody/Time-Sharing Rights be Modified in Florida?

Yes, they can, but you must show a substantial change in circumstances. So in the event that your custody order initially awarded custody to the other parent, and you now wish to change that, you must show what substantial change in circumstance occurred since the court order was initially entered, that would justify the modification of the custody order.

Are Florida Courts More Likely to Award Custody/Time-Sharing to Mothers Than to Fathers?

In Florida, courts are not more inclined to grant custody to mothers than to fathers. There is a statute that the courts must follow, and that statute indicates the factors that the court must look at to determine who should have custody.

Are Florida Courts More Likely to Award Custody/Time-Sharing to Mothers Than to Fathers?

In Florida, courts are not more inclined to grant custody to mothers than to fathers. There is a statute that the courts must follow, and that statute indicates the factors that the court must look at to determine who should have custody.

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