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Q&A Library
Will a Name Discrepancy Between My Marriage Certificate and Prior Divorce Decree Affect My Divorce?
QUESTION: I was previously married and adopted my former spouse’s last name. After that divorce, I continued using that married last name. I later remarried, but my second marriage certificate lists my maiden name rather than the last name I was using at the time. I am now seeking a divorce from my second spouse. The court documents request the name shown on the marriage certificate, which differs from the name reflected in my prior divorce records. Could this discrepancy cre
Kaylin M.M. Bosque, Esq.
Sep 202 min read
Can Unpaid Child Support Delay a Court-Ordered Reunification Process in Florida?
QUESTION: A mother is involved in an ongoing Florida timesharing and custody case. The father is approximately $2,000 behind on court-ordered child support. The case has reached the stage where reunification services may begin within the next month. Can the unpaid child-support arrears delay, postpone, or otherwise affect the court-ordered reunification process? ANSWER: In general, a $2,000 child-support arrears balance does not by itself delay or prevent court-ordered reuni
Kaylin M.M. Bosque, Esq.
Sep 201 min read
Can a Parent Move Children Out of Florida Without the Other Parent’s Permission?
QUESTION: I am the father of children who currently live with their mother in Fort Lauderdale. We separated approximately eight months ago, but we have not filed a court case or obtained a custody, timesharing, or parenting-plan order. The children have remained primarily with their mother. The mother has told me that she plans to move with the children to Georgia next month. Can she legally relocate the children out of Florida without my consent when there is no existing cou
Kaylin M.M. Bosque, Esq.
Sep 151 min read
Can an Unmarried Mother Move a Child from Florida to Nebraska Without the Father’s Consent?
QUESTION: I am an unmarried mother of a young child. The child’s father signed paperwork at the hospital acknowledging that he is the father, but there is no current court order establishing paternity, parental responsibility, timesharing, or a parenting plan. Due to financial hardship and unstable housing in Florida, I am considering relocating to Nebraska, where I would have housing and family or financial support. The father objects to the move and says I cannot take the
Kaylin M.M. Bosque, Esq.
Sep 151 min read
Can a Florida Family Law Case Be Sent to Mediation Before Financial Disclosure Is Completed?
QUESTION: I am involved in a Florida family law case involving financial issues. Opposing counsel has not provided the required financial affidavit or mandatory financial disclosure documents, but is seeking to have the court schedule mediation. Can the court require the parties to attend mediation before financial disclosure has been completed? What steps can a party take to obtain the missing financial information before mediating issues such as support, property, debts, or
Kaylin M.M. Bosque, Esq.
Sep 151 min read
How Can I Establish Paternity in Florida After the Alleged Father Has Died?
QUESTION: I believe a deceased person was my child's biological father, but paternity was never legally established while he was alive. I would like to determine whether I can establish paternity after his death. What legal steps may be available in Florida to establish paternity when the alleged father is deceased, and what types of evidence may be considered? ANSWER: Paternity can sometimes be established after an alleged father has died, but the appropriate procedure depen
Kaylin M.M. Bosque, Esq.
Sep 151 min read
What Can a Father Do if the Mother is Withholding the Children and There Are Safety or School-Attendance Concerns?
QUESTION: I am the father of children whose mother and I have been separated for approximately two years. I am concerned that the mother is preventing or limiting my contact with the children, making negative statements that are affecting their relationship with me, and excluding me from important information about their schooling and care. I am especially concerned because the children reportedly missed a substantial amount of school last year, and I do not know whether the
Kaylin M.M. Bosque, Esq.
Sep 82 min read
Can a Florida Court Allow a Child’s International Cruise After the Other Parent Withdraws Prior Consent?
QUESTION: I have a Florida parenting plan involving my 16-year-old child. Before booking an international family cruise, the other parent agreed in writing by text message that the child could participate. I relied on that agreement and paid substantial nonrefundable travel expenses. The other parent has since withdrawn consent, refuses to provide the documentation needed for international travel, and says the trip conflicts with that parent’s scheduled timesharing. The paren
Kaylin M.M. Bosque, Esq.
Sep 72 min read
What Can I Do About an Old Child-Support Contempt Writ if I Never Received Notice of the Hearing?
QUESTION: A Florida court issued a contempt order and writ of bodily attachment in 2023 based on unpaid child support. I later learned about the writ only when I contacted the child-support office in 2026 to obtain my case number and arrange payment. I did not receive notice of the hearing, and the case had previously been transferred to the county where I live. The current purge amount is $1,500, and I have the funds available to pay it. I am concerned about being arrested b
Kaylin M.M. Bosque, Esq.
Sep 71 min read
Can I Immediately Request 50/50 Timesharing After Moving Back to Florida?
QUESTION: I previously moved out of Florida to complete a nursing program. During that time, my child lived primarily with the other parent in Florida, and I paid child support. I have now moved back to Florida permanently so that I can live near my child and be more involved in daily parenting. I would like the court to modify the current parenting plan to provide equal, 50/50 timesharing and to recalculate child support accordingly. The other parent does not agree. Is there
Kaylin M.M. Bosque, Esq.
Aug 312 min read
Can a Parent Be Held in Contempt for Not Providing a Child’s Social Security Documents?
QUESTION: The other parent has repeatedly threatened to file contempt charges if I do not provide copies of our child’s Social Security documents. I do not want to violate any court order or get into legal trouble. Can a parent be held in contempt for refusing or failing to provide these documents, and what should I do if the parenting plan or court order does not clearly say who must keep or provide them? ANSWER: A party generally cannot simply “charge” you with contempt. Co
Kaylin M.M. Bosque, Esq.
Aug 311 min read
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