Legal Question in Family Law in Florida

I filed for increase in child support through the court and due to financal situations, had to withdraw my lawyer. I want to close the case but the mother counter acted with her wanting the kids which she gave them to me. My question is if i close my case will that say that the children will end up living with her again because she came back with she wants the children.


Asked on 11/05/13, 6:42 am

2 Answers from Attorneys

John Smitten Carey and Leisure

If she has an open counter petition, if you dismiss your case hers is still open so that will not help you.

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Answered on 11/05/13, 7:40 am
Thomas Rosenblum Rosenblum Law Offices

Hello: I'll add...even though her Petition is still pending, she still has to prove in Court there is a substantial change in circumstances such that there is a need to modify the prior Court Order and change the children's residency. Unless something really bad has happened, that is really hard to prove. You both can testify and put on witnesses.

You would help your cause by having legal representation in such a case.

If my office can be of any assistance, pls. give us a call. Good luck. Tom Rosenblum

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Answered on 11/05/13, 9:50 am


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