Vanette Augustin

Vanette Augustin is a savvy Bilingual (Haitian Creole) attorney who has been successfully practicing since 2009 in the areas of Family Law, Immigration Law, and Estate Planning. Over the last 15 years, she has handled hundreds of cases and have assisted countless families navigate the legal system. She is a mother of two daughters who are the joys of her life. She lives by the belief that every day is a new opportunity to refine her skills. There is never a moment when you get to the point of saying I have arrived because as soon as you reach the top there is always another mountain that is higher than the one you just climbed. In her spare time, she volunteers within the community in order to give back

Attorney Owner

JP Augustin Law Firm

2014 - Current

Practicing Family, Immigration and Estate Planning.

The Florida Bar  # 0071421

Member

Current

Florida

The Florida Bar

Since 2009

Q. What motion should I file for emergency custody due to safety concerns in shared arrangement?

April 10, 2025

A: At this point, I do not think you have enough information to proceed. You need to contact DCF for more information. its possible there could be another explanation why the girlfriend cut herself. A judge will want to know that to determine if the child is in danger.

Q. Handling child support and custody threats in Florida with my son living with me.

April 8, 2025

A: First, I would start with its always good to have a paternity judgment securing your rights than not. However, since its been years, she may be bluffing and trying to scare you. The reality is mothers do not have first priority in court. If the child has lived with you and you handle of the expenses and have taken care of him for years, that will strongly be taken into consideration when a court is looking at time sharing and expenses for child support because that means the child has lived in a stable environment for years. IYou have just as much say in the insurance situation. Simply put him on your insurance.

Note: Florida favors parental contact with both parents. Florida Statute 61.13(2) (c) states the following: "The court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child. It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. Unless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.

At the very least you start with 50/50 time share. I think the fact that he has lived with you for the last 4-5 years will carry some weight in you maybe obtaining more than 50/50 time share.

Lastly, child support takes into consideration the number of overnights the child spend with each parent. What that means is that if your son is with you the majority of the time, she may be the one paying child support depending on your incomes.

if she does come and pickup the child without permission and keep him, your first step will be to file a Petition for Paternity and ask for temporary relief to have your son remain in the stable environment he has lived in for the last 5 years pending outcome of litigation. ... Read More