No. Custody and child support are two different things. If custody is modified, child support should also be modified at the same time. When/if that modification becomes legal, then and only then would any changes in support payments be made.
To give up custody under Temporary orders, or Divorce Decree, the court will need to change the legal and residential custody of the minor. Child support is not affected unless the Court orders a change in child support.
Yes, if you had custody of the child during the period for which you are seeking retroactive support.
Yes, grandparents have rights in Florida. You can hire a lawyer so that you can present your case during the custody hearing.
Yes, unless the order for support states otherwise.
Ordinarily, a trial court will enter "temporary orders" for custody, visitation, and child support, while the divorce is pending.
So neither parent has custody of the child? If so, the mother may be ordered to pay child support during the father's period of incarceration if a modification is filed by the legal guardian and depending on how the court rules. The father's obligation to support their child does not disappear due to their incarceration and they will be expected to resume child support when they are released and any amount in arrears that accumulates while he cannot pay. If the court rules that you are to assume child support during the other parent's period of confinement, it would be up to you to petition to court to have your money reimbursed, less any overage that may occur based on calculated differences in the child support obligation. If you already have custody, this would be a moot point.
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There are various reasons for not paying, including not being ordered to, however it is not a consideration in determining the best interest of the child in a custody case.
Only if approved by the court.
If there is no formal custody order, both parents are presumed to have equal rights to the children. If one party leaves the state of residence and the other goes to court and files for custody, there is a risk that the judge will view the move as child kidnapping. It's very important to get a clear custody order and permission to move before leaving the state before or during custody proceedings. Eva YourCustodyCase.com
Unless otherwise ordered by the court yes. If you are truly in fear of your children's' safety when in the care of their father, it is your responsibility to express these fears by filing for a modification to the custody/visitation order in the court of jurisdiction and outlining your concerns during the hearing (proof helps). If it is an emergency, you can file an ex parte motion in the same court awarding you temporary sole legal and physical custody. Those will usually be granted, but have an expiration time. In the interim, a hearing will be held to determine whether or not the motion should be extended, made permanent or revoked.
If you have a custody agreement that states you are to have the child at specific holidays or alternating holidays, you can file a contempt of court action against your spouse in the court with jurisdiction over the custody case. The non-compliant parent should also be made aware that their failure to abide by the custody agreement can endanger their status as a custodial parent as well if the non-custodial parent files for custody modification based on that. If you don't have a legal custody agreement on file, now would be a good time to get one. Courts are not concerned with "he said/she said" agreements.