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Divorce with dependants when neither parent has LEGAL CUSTODY (FLORIDA)

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  • Divorce with dependants when neither parent has LEGAL CUSTODY (FLORIDA)

    I have helped multiple friends with their divorces, but I am somewhat stumped on this one. Would you still file a Dissolution of Marriage with Minor Children and No Assets if neither parent has legal custody of the children? The paternal grandfather has legal custody of said minor children. I know there is a portion on the said divorce forms asking if there is any ongoing custody or any other legal matter involving the children. HELP! I know she cannot afford an attorney and legal aid apparently didn't have any open times to offer help.

  • #2
    Re: Divorce with dependants when neither parent has LEGAL CUSTODY (FLORIDA)

    Originally posted by mamikat0414 View Post
    I have helped multiple friends with their divorces, but I am somewhat stumped on this one. Would you still file a Dissolution of Marriage with Minor Children and No Assets if neither parent has legal custody of the children? The paternal grandfather has legal custody of said minor children. I know there is a portion on the said divorce forms asking if there is any ongoing custody or any other legal matter involving the children. HELP! I know she cannot afford an attorney and legal aid apparently didn't have any open times to offer help.
    Yes, since the children exist, and there is an ongoing custodial matter with regard to the children, I believe you would need to include them in the dissolution papers.

    WHY does neither parent have legal custody of their children?
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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    • #3
      Re: Divorce with dependants when neither parent has LEGAL CUSTODY (FLORIDA)

      Laws associated with petitioning for dissolution of marriage with children are much the same in every state, with some minor variations. Court clerks have forms for people not represented by attorneys. You request supplemental forms necessary for a divorce with children. These forms also are available from the clerk of the court. These forms include child support guidelines and worksheet and motion for temporary orders. They require the inclusion of basic information about the marriage, property, debts and the children. File the petition, child support worksheet and the motion for temporary orders with the clerk of the court.

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      • #4
        Re: Divorce with dependants when neither parent has LEGAL CUSTODY (FLORIDA)

        Originally posted by mamikat0414 View Post
        I have helped multiple friends with their divorces, but I am somewhat stumped on this one. Would you still file a Dissolution of Marriage with Minor Children and No Assets if neither parent has legal custody of the children? The paternal grandfather has legal custody of said minor children. I know there is a portion on the said divorce forms asking if there is any ongoing custody or any other legal matter involving the children. HELP! I know she cannot afford an attorney and legal aid apparently didn't have any open times to offer help.
        You have your neck out a mile giving legal advice without being a lawyer or working under the auspices of one which ever state criminalizes.

        In a case where there are children and a prior custody or guardianship decree, the parties really need an attorney to review the file and advise. Something you apparently have not done for you seem not to know why the paternal grandfather has legal custody.

        If Legal Aid has turned them down, then they should apply to their State Bar Association for an attorney to help them, pro bono. State and local bar associations maintain pro bono panels of experienced attorneys who donate time to give back to the community for people who cannot otherwise afford representation.

        You are in over your head. And anyone who would attempt to advise without seeing the file can do more damage than good.

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        • #5
          Originally posted by sandyclaus View Post
          Yes, since the children exist, and there is an ongoing custodial matter with regard to the children, I believe you would need to include them in the dissolution papers.

          WHY does neither parent have legal custody of their children?

          Thank you for your response. A year ago the children were awarded to thr paternal grandfather because the mother was on drugs and the father did not have employment or a stable residence to provide them with.

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