Tagged: Child custody

My wife and I are parting ways and she wants to move to S.C. What does the law state when it comes to our 4 year old daughter?

Until a Court Order is entered, she can take that child anywhere she wants. That’s why it is absolutely important for you to get a case filed immediately and have her served. In St. Lucie County, once a divorce action is filed, a Standing Temporary Domestic Relations Order is entered that prevents the removal of the child from the jurisdiction. But you have to get the case filed and get her served. In any event, so long as 6 months does not pass by with her and your child in South Carolina, Florida will have jurisdiction over the child under the UCCJEA which defines the home state of the child as being the state where the child lived for the 6 months preceding the filing of any action. If you wait to file a case too long, you might be stuck litigating child custody matters in South Carolina.

Advertisements

How do I go about filing an emergency injunction to prevent my wife from moving my children out of state?

You need to file an action as soon as possible. The fastest cause of action is through a divorce and an emergency motion in that divorce action. You don’t have to necessarily follow through with the divorce but you need a case that you can operate under.

Two things to know about child custody cases

Child custody cases can be messy and difficult. At such moments, taking care of trivial and routine tasks can be overwhelming. We asked Joseph Gufford, a lawyer experienced in such cases, to provide us with helpful tips regarding custody cases. Joseph Gufford III, based in Florida, came up with the following two critical pieces of information that can help make things easier for you and your attorney.

1. Know the types of custody: Broadly speaking, there are two types of custody in Florida. “Sole Parental Responsibility” places a single parent in charge of important decisions in a child’s life. On the other hand, “Shared Parental Responsibility” means that both parents are equally accountable for the child’s welfare and must confer on all major decisions. In Florida, most people have shared parental responsibility. This is somewhat akin to what other states refer to as “Joint Custody”. However, regardless of which type of custody the court orders, there will also be a Parenting Plan that will determine the timing of “timehsharing”, i.e “visitation” with the child.

In order to get sole parental responsibility, you must meet the heavy burden of showing that “shared parental responsibility” would be detrimental to the best interests of the child.

2. Know the information required: It is important to disclose all aspects of the case to your lawyer to avoid unpleasant surprises during the trial. In addition to the child’s details, it is important to provide your lawyer with other, important information such as your partner’s details and additional cases involving the child.