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I have a question on how to proceed with a child custody…

I have a question...

I have a question on how to proceed with a child custody modification And if I really need legal representation

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can give you some background real quick The modification is for my son which is 9. The original divorce agreement shows 50/50 custody with no child support ofcoarse living in the same county. About 7 years ago I moved out of county and my x agreed for my son to leave with me but we still maintained the 50/50 custoday. When my son started going to school it turned out that I had him 80% of the time. No my x lives in Alabama with no work and only tries to see my son during Christmas and on the summer.

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Answered in 2 minutes by:
8/25/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,813
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. So it sounds like you want to file a modification of the original agreement to set up new custody/visitation and to start receiving child support, is that what you are asking? Is your ex in agreement with your proposed changes?

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Customer reply replied 8 months ago
you are correct. He is in agreement with me being the custodial parent but not the child support. I currently provide my son with insurance benefits and have not received any help from my x with expenses for a few years now.
Customer reply replied 8 months ago
My original divorce agreement states 50/50 custody with no child support. I remarried 7 years ago and moved to a different county with my son and we were able to keep the 50/50 custody until my son started school. He has been in my care 90% of the time for the past 4.5 years. My x has now moved Alabama with no job and no money and only requests to his son during the summer and Christmas. I would like to motion for a child custody modification to designate myself as his legal guardian and back child support

The Florida Courts website has a self-help center and forms that persons who wish to represent themselves can use. There is a supplemental petition to modify the parenting arrangement and for related relief that you could use. A lawyer is not required by law, but I would always recommend it. While your ex may not want to pay child support, given the change in custody, that too is going to change.

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Modification of support, however, will only go back to the date you file in court seeking the modification. Prior to that point you were under the existing order where there was no supprt.

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Customer reply replied 8 months ago
Will I have to file the modification in the same county as the original divorce agreement? Which forms do I file?

You can file the modification in the county where you are living now. You need to fie Family Law Form 12.905(a), Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief. There are other forms you will need to submit with it (such as a financial affidavit that are mentioned in the supplemental petition), but you can get all of those on the Florida Courts website here.

You may also want to see if there is a "Self Help Center" to help you fill out the forms and answer questions in your area. The list of the self-help centers can be found here.

RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,813
Experience: Experienced in multiple areas of the law.
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