| Subject | Date Asked |
|
| Child Timesharing and child support | 11/19/2009 |
Q: i am trying to modify my settlement with my ex,it was done few years ago, it was very general and i ...
A: if the order was initially conformed when the child was pre-school age and the time sharing does not ...
|
| Divorce | 11/19/2009 |
Q: I had an uncontested divorce two years ago. At the time of the divorce, the judge asked myself and ...
A: file a Motion for Contempt with the Court explaining that your ex refused to attend a scheduled ...
|
| breach of contract | 11/19/2009 |
Q: my soon to be ex husband and i agreed on a equitable distribution of marital property he was to pay ...
A: if the agreement you made was reduced to or incorporated into the Final Judgment you cannot get out ...
|
| Divorce and bankruptcy | 11/18/2009 |
Q: I was divorced in Palm Beach County in 2000. In the FJ there were two IRS tax liens that totalled ...
A: if you discharged your portion of the tax lien with the IRS then that of course would be discharged. ...
|
| the question of single mother's child custody | 11/18/2009 |
Q: expert,I am sorry that I didn't make the question clear. the question is: I am a single mother of a ...
A: the court will decide which parent the child resides with for the majority of the time based upon ...
|
| Moving and Husband not re-financing | 11/18/2009 |
Q: I have correctly filed a petition to move with my ex-husband in a timely manner. I am asking to ...
A: if you need a hearing on the Petition for Relocation you will need to contact the Magistrates ...
|
| time sharing | 11/17/2009 |
Q: My ex and I have a 4 month old son. We have not gone through the courts for any custody hearing. ...
A: you have two options either file the Petition for Paternity with Related Relief or Petition for ...
|
| Relocation of minor child | 11/16/2009 |
Q: Good afternoon to you. I am a resident of Florida with a minor child. My daughters father is ...
A: he can absolutely prevent you from relocating your daughter if you cannot prove that the relocation ...
|
| child support | 11/15/2009 |
Q: What is the difference in going through the courts, the state and a lawyer to get child support? ...
A: the state will provide you with representation only to collect child support. If the payer is a w-2 ...
|
| CHILD CUSTODY | 11/14/2009 |
Q: I HAVE CUSTODY OF CHILD THROUGH GEORGIA COURTS,LIVE IN FLORIDA AND AM WANTING TO KNOW IF MY CHILD ...
A: you would be better advised to seek the help of the Florida Court if she does not return the child. ...
|
| contempt of court | 11/14/2009 |
Q: I have filed two contempts within the past six months and filed yet another one today against my ...
A: the outcome of the contempt actions depends upon whether or not she is found to be in willful ...
|
| moving out of state with children | 11/13/2009 |
Q: I am in the process of filing for divorce. I was recently laid off and have the potential to get a ...
A: if a Petition for Dissolution has been filed then Florida Law requires either that the parents enter ...
|
| contempt on a magistrates order | 11/13/2009 |
Q: In October we went before the magistrate for a temporary order for relief. I am a nurse, work 12 ...
A: you did not state whether the Magistrates recommended order has been reduced to an order by the ...
|
| Name Change | 11/13/2009 |
Q: I want to know if there is anyway that I can keep my maiden and married name after my divorce ...
A: that can be ordered within the Final Judgment of Dissolution of Marriage. You simply need to request ...
|
| My ex acts like he has custody! | 11/12/2009 |
Q: I am so confused..my ex is a police officer and gets away with everything, child protective services ...
A: if there is an order that states the times that the child is to be with you and the times that the ...
|
| My ex acts like he has custody! | 11/12/2009 |
Q: I am so confused..my ex is a police officer and gets away with everything, child protective services ...
A: you first mistake is doing anything by verbal agreement but in this case it might help you. From ...
|
| Husbands alimoney to ex-wife | 11/12/2009 |
Q: My husband recently filed through the Florida courts a request to reduce his alimony payments from ...
A: a reduction in income may not be enough to reduce the alimony. It must also be shown that the payer ...
|
| Child abandonment | 11/11/2009 |
Q: I want to gain sole custody of my daughter. I live in the state of Florida. I know I can get sole ...
A: if your ex is not supporting the child you should be filing a Motion for Contempt for Non-Payment of ...
|
| INTENT OF RELOCATION | 11/11/2009 |
Q: MR. BACHERT, FIRST OF ALL THANKS FOR TAKING THE TIME TO READ AND RESPOND TO MY QUESTIONS. I HAVE 3 ...
A: if the relocation was subject to Florida's Relocation Statute 61.13001 then the Notice of Relocation ...
|
| Child Support Overpayment | 11/11/2009 |
Q: In 1999 my exhusband and I modified Custody to where I had substantial visitation (43%). At the ...
A: no in most cases a modification of child support can only be ordered from the date the Petition ...
|
| adandonment laws | 11/10/2009 |
Q: Can a huband be charged with abandonment for leaving a wife for over 30 days
A: there is no such thing as an action of abandonment in Florida. If two parties are married in Florida ...
|
| relocation of children during divorce (florida) | 11/10/2009 |
Q: In my current Diovorce case, I raised my 3 children. My soon to be ex does not work, have a car, ...
A: if there has not been an ordered issued at this time stating which parent the children should be ...
|
| Visitation out of country | 11/5/2009 |
Q: I have sole custody of my 6 year old child. Her biological father has been in prison since she was ...
A: from what you have stated it would be my opinion that a court is not likely to grant the father's ...
|
| sole custody in florida | 11/5/2009 |
Q: I have been separated from my husband for 5 months. He abandoned our home. We have a 1 year old boy ...
A: the court will not terminate a parents rights and obligations except where the child is being ...
|
| abandonment | 11/5/2009 |
Q: I want to know exactly what happens if I file for abandonment on my kids father who left to Canada ...
A: in Florida proving abandonment is usually only necessary where the child is to become a ward of the ...
|
| address refusal | 11/3/2009 |
Q: My ex wife and i have split joint custody of our son and she has moved four times since our divorce ...
A: her actions would be considered contrary to the dictates of shared parental responsibility. While ...
|
| Motion for Civil Contempt | 11/2/2009 |
Q: I was just served with the above, stating that I have not allowed my ex-to see or talk to our ...
A: you are not required to file any response to a Motion. Your ex must now schedule the motion to be ...
|
| abandonment | 11/1/2009 |
Q: My child's mother got up and left 3 months ago,leaving me to raise our 3 year old which I am happy ...
A: you will need to file a Petitoin to Establish Paternity and Related Relief. When filed the mother ...
|
| response and counter petition to supplemental petition fo modification of child support | 10/31/2009 |
Q: I need to response to this petition and submit counter petition for withholding visitation. The ...
A: if the mother is not following an order for time sharing or otherwise then you should be filing a ...
|
| Motion to Transfer Venue | 10/30/2009 |
Q: I have been separated from my wife for 3 yrs. We tried to make it work a couple of times in 2006. ...
A: if the motion for change of venue is correct in the facts that it states then venue would be proper ...
|
| step parent adoption | 10/29/2009 |
Q: I LIVE IN FLORIDA,I'AM GETTING MARRIED SOON AND MY FIANCE HAS RAISED MY DAUGHTER SINCE SHE WAS BORN ...
A: Marie, I am not aware of time limit within which a properly worded and executed Consent to Adoption ...
|
| child support | 10/28/2009 |
Q: I moved from Orlando to Phoenix about a year and a half ago. Recently I was sent a letter that my ex ...
A: jurisdiction for child support cases is established where there children have resided for a period ...
|
| Initial Hearing for Modification of Custody - Family or Dependency Court? | 10/27/2009 |
Q: I am seeking to reopen/modify custody of my 11 year old daughter. In late 2001, I was granted a ...
A: Who did you sign over custody with? That agency should have a record of that agreement and it should ...
|
| Initial Hearing for Modification of Custody - Family or Dependency Court? | 10/27/2009 |
Q: I am seeking to reopen/modify custody of my 11 year old daughter. In late 2001, I was granted a ...
A: you need to file a Petition for Modification of the Judgment establishing the current custody ...
|
| Moving to Europe, can child support be lowered? | 10/27/2009 |
Q: Moving to Europe, can child support be lowered? Austin, TX Viewed 55 times. Posted 9 months ago in ...
A: It is doubtful that the court would reduce a child support obligation based upon a voluntary ...
|
| School Records | 10/26/2009 |
Q: At the insistance of my kids' mother, the school has removed me from school records, any access to ...
A: the school is following what they have been instructed to follow by one of the parents. If their ...
|
| modification of custody | 10/26/2009 |
Q: My husband has shared custody of his 12yr old son. A few years ago his ex-wife moved to another ...
A: the process would be a Petition for Modification of Final Judgment. That Petition must state a ...
|
| Need Immediate Funds | 10/25/2009 |
Q: I am going through a divorce and my husband has withdrawn over $12,000 in 8 months from the checking ...
A: you most certainly can and if the court does not grant the Motion as an Emergency then you can set ...
|
| Parenting PLan Violation + More. | 10/25/2009 |
Q: I was divorced in January. The parenting plan that accompanied it stated that I am to have contact ...
A: you are correct a Motion for Contempt is in order and should be filed with the Court that originally ...
|
| What can I do | 10/23/2009 |
Q: The father of my daughter went to Japan before she is born to avoid paying child support. What can ...
A: You should file an action for Paternity and Related Relief, where you reside, have the Father served ...
|
| Motion to Transfer Venue | 10/22/2009 |
Q: I received a Motion to Trans Venue today in the mail. My ex filed it after I had him served with a ...
A: usually a party will file a Motion to Transfer Venue if the action was brought in the wrong venue to ...
|
| medical bills/child support | 10/22/2009 |
Q: My husband and I lost in the battle for shared custody with his three children.(we were dating at ...
A: if the mother is not following the order then the only action to take is to file a Motion for ...
|
| arrears and custody | 10/22/2009 |
Q: I am a mother of a teenage boy. He's not doing well in school and his behavior has changed almost ...
A: if you are going to change the parenting plan by agreement then you can change the child support ...
|
| Childsupport | 10/21/2009 |
Q: i have turned my sons father in 3 times and nothings worked, my kids dad keeps moving out of state ...
A: if you are using the services of the Department of Revenue then your only option is to wait for them ...
|
| Emergency Medical Care and Step Families | 10/20/2009 |
Q: I am a father of three beautiful girls two who are from a previous marriage. All three children live ...
A: initially I would advise you to execute a Limited Power of Attorney that provides your Wife with ...
|
| moving out of state | 10/20/2009 |
Q: I have a job opportunity in GA. I would work 9 more hours than now and make approx 100k more a year ...
A: short of filing for divorce and obtaining a parenting plan that places the children in your care ...
|
| Mediation Agreement | 10/19/2009 |
Q: How binding is the mediation agreement between my ex-wife and I? She has broken it quite a bit ...
A: if the mediation agreement has been reduced to an Agree Order (Temporary or otherwise) then it is ...
|
| LYING ON FINANCIAL AFFADAVIT | 10/19/2009 |
Q: Has been 1 1/2 years going through contested divorce. Lawyer had to subpoena financial records of ...
A: get copies of all the documents you believe show that you ex makes more than he has reported and ...
|
| Would you consult with a International Divorce Lawyer | 10/18/2009 |
Q: Would you consult with a International Divorce Lawyer, if your client does not know if he should ...
A: Why wouldn't I. I hope this information was helpful to you. This answer is based solely on the ...
|
| Modification of Alimony | 10/16/2009 |
Q: I signed a Marriage Settlement Agreement (MSA) for my own reasons. It included a stipulation for ...
A: generally to support an action for modification of alimony you would need to show a substantial ...
|
| Child Support Owed | 10/15/2009 |
Q: I recently found out the my father has stopped paying child support for over a year now. My father ...
A: I'm not sure what you mean by "I am not 23 years old". Child support, in Florida generally ceases ...
|
| abandonment | 10/15/2009 |
Q: My husband of 10 years left me and my 2 children with out a thing. He looked at my 2 small children ...
A: file for divorce and child support. I hope this information was helpful to you. This answer is ...
|
| Statute of Limitation on Divorce Decree | 10/14/2009 |
Q: My husband and I were divorced 13 years ago; both married and divorced within FL. At the time of ...
A: of he filed for bankruptcy and discharged the debt that he owed you for property distribution then ...
|
| un wed custody | 10/13/2009 |
Q: My ex and I were together for 3 years. we got pregnant with our son and we split up when I was 8 ...
A: if the father is listed on the birth certificate he has as much right to keep the child within his ...
|
| Child abandonment | 10/13/2009 |
Q: I have a child that is 18 months and has not had contact with his biological father since he was ...
A: the only way to eliminate the father's parental rights would be through the process of adoption by a ...
|
| change of venue & having a parent get supervised custody | 10/12/2009 |
Q: A year ago June my divorce was finalized in Palm Beach, Florida. A year prior to that, my ex husband ...
A: just file your action in the county you reside in. If he answers the action and does not contest ...
|
| MSA that Ex wont file | 10/11/2009 |
Q: What can I do with an ex that holds our notarized MSA and divorce docs and wont give me a copy or ...
A: if the action is pending before the court you serve a request to produce upon your husband requiring ...
|
| questions about divorce | 10/11/2009 |
Q: i actually have a few. my soon to be ex spose did not take the required parenting class within the ...
A: if the parenting class is complete but it was not completed within the 45 day period the court will ...
|
| step parents rights | 10/8/2009 |
Q: my husband and i were separated for a year, but still married without contact. he had a daughter ...
A: no you do not. I hope this information was helpful to you. This answer is based solely on the ...
|
| child custody/ abandonment | 10/8/2009 |
Q: I am a 25 year old single mother of 17 month old twin girls. Their father left them when they were 6 ...
A: Florida does not terminate a parents rights under an allegation of abandonment except is cases of ...
|
| Shared custody | 10/8/2009 |
Q: I have been divorced from my ex-wife for the past two years and am in the military. Currently I have ...
A: your time sharing arrangement is for you and your son and would not be extended to your girl friend ...
|
| reimbursement of expenses | 10/8/2009 |
Q: my divorce decree does not state the amount of time my ex wife can go back and ask for expenses, ...
A: no there is no statute protecting you from an adjustment for an incorrect billing. However, since ...
|
| grandparenting time | 10/7/2009 |
Q: "hello well my question is my stepsons mother is curently incarseated on crimal felony charges shes ...
A: as the stepparent you have no rights over that of the natural mother or natural father or natural ...
|
| child support | 10/7/2009 |
Q: My ex is in arrears for child support. I have a final judgment indicating child support obligations. ...
A: it sounds as if Child Support Enforcement does not wish to proceed with the case until the court ...
|
| mothers rights | 10/6/2009 |
Q: Two years ago I fell homeless, and needed help. So I ask my husband if he could care for my girls ...
A: Florida statutes maintain that child a born to a married couple is a child of that marriage. As ...
|
| Dental | 10/6/2009 |
Q: I have excellent insurance that my company providesfor me and my dependents.Yesterday my ...
A: your right you need to seek a modification of child support. Unfortunately, a modification cannot ...
|
| Moving Out Of The Country | 10/5/2009 |
Q: I am a Florida resident who was divorced in Florida.My Ex-Husband was/is not a Florida resident & ...
A: you will need to comply with Florida's Relocation Statute 61.13001 and provide the statutorily ...
|
| forced reimbursement of expenses for shared parenting? | 10/5/2009 |
Q: My ex and I share parenting 50/50 of our children. I have tried to work with him on unreasonable ...
A: no he would not and the court could not hold you in contempt for not paying a costs that was never ...
|
| Change of Jurisdiction | 10/5/2009 |
Q: I have been involved in a lengthy court battle to have the jurisdiction changed from Florida to ...
A: from what you have stated the Florida court already ordered that the case be transferred due to I am ...
|
| Arrears | 10/3/2009 |
Q: we have been living together off & on up until a month or so ago. she's now talking about arrears of ...
A: child support is collectible from any source of income including retirement accounts. If there was a ...
|
| Custody law | 10/2/2009 |
Q: My dad is trying to get custody of my daughter, he is trying to win with his money. I have never ...
A: if you have filed a Motion for change of venue you have done what you need to do. Now get prepared ...
|
| parent moving out of state | 10/2/2009 |
Q: Approximately 6 years ago my husband was divorced from his now ex wife and granted primary custody. ...
A: not likely. The mother would have to prove two separate issues, one that it would now be in the best ...
|
| additional visitation | 10/2/2009 |
Q: My custody agreement with my ex-husband grants him visitation every other weekend, alternate ...
A: you are not obligated to provide the extra time sharing and he could reduce his child support ...
|
| fees family court | 10/1/2009 |
Q: If a Judge in family court has reserved decision on fees how long does the asking party have to file ...
A: in Florida unless the order states otherwise there is no time limit. I hope this information was ...
|
| Name change of a minor | 10/1/2009 |
Q: My son is 15 years old. His natural father and I divorced 14 years ago, but we separated when my son ...
A: your son cannot change his name without the biological father's notice and consent until such time ...
|
| contempt charge | 10/1/2009 |
Q: Is there a time limit (statute of limitation) to make a contempt charge? The mother refused to give ...
A: I would definitely advise your husband to file the appropriate Motions for Contempt. There is no ...
|
| fla relocation | 9/30/2009 |
Q: I am a mother of a four year old son. I am the primary custodial parent and the visitation schedule ...
A: Florida requires that a Notice of Relocation be served upon the non-relocating parent and the ...
|
| my 2 kids | 9/30/2009 |
Q: I am currently living in Tn with a joint custody order that was obtained here in my state, however ...
A: if the children have been residing in Florida for a period exceeding 6 months then jurisdiction of ...
|
| Hey | 9/30/2009 |
Q: Me and my future wife are gettin married in november. and shes prego shes due april 13 2010 intll ...
A: child support would not be due until such time as the child is born. I hope this information was ...
|
| home abandonment | 9/29/2009 |
Q: my wife and I are married 6 years. 4 months ago my wife left the country to have spine surgery in ...
A: spousal support in Florida is based upon the receivers need and the payers ability to pay. ...
|
| Custody of step-child | 9/29/2009 |
Q: My husband and I have been dating for 8 and married for 7 years and I have raised my step-son, who ...
A: sorry but you have no legal right to time sharing or custody with a step child after divorcing the ...
|
| ex filed motion of contempt | 9/13/2009 |
Q: My ex-husband filed a motion for contempt against me due to failure to pay for my automobile that is ...
A: the family court cannot hold either of you in contempt as the issues complained of have to do with ...
|
| custody of my niece | 9/12/2009 |
Q: My 14 year old niece is not happy at home with her stepmom and her dad is a truck driver and always ...
A: no the daughter/your niece cannot make that decision. I hope this information was helpful to you. ...
|
| Non custodial parent leaves state with children | 9/12/2009 |
Q: My ex husband has visitation with our children every other weekend. This weekend he called me and ...
A: file a motion for contempt requesting that he forfeit time sharing due to his contempt and do not ...
|
| CS Gross up formula | 9/11/2009 |
Q: 9 years ago my wife and her ex (he is primary residential parent) signed a final modification ...
A: based upon your statements she most likely will not be able to take advantage of the new child ...
|
| bank accounts | 9/10/2009 |
Q: My spouse and I have an agreement where we both contribute equal shares to pay the mortgage. We both ...
A: if you provided her with you bank account information and PIN number then she had authorization. ...
|
| Child sleeping arangement | 9/10/2009 |
Q: My Fiance has a son that is 9 yrs old and sleeps in the same bed as his mother due to fact they rent ...
A: no there is no such statute on point. Matters such as these are decided on a case by case basis ...
|
| abondonment | 9/10/2009 |
Q: While i was incarcerated for 10 years, my not so loving wife decided i wasnt worth the wait, well ...
A: the forms you need would be available at your local Clerk of the Circuit Court office. I hope this ...
|
| PARENTAL RIGHTS | 9/9/2009 |
Q: MY EX- WIFE AND MOTHER OF MY CHILD LIVES IN FLORIDA, AND I LIVE IN MISSOURI. WE DIVORCED IN FLORIDA. ...
A: yes you can if the grandfather is going to adopt the child. I hope this information was helpful to ...
|
| Unmarried parents custody | 9/9/2009 |
Q: I am an unmarried mother of a two month old and want to know if I can relocate to another state ...
A: if there is no pending action for Paternity or an existing order of Paternity then you can relocate ...
|
| Transportation | 9/9/2009 |
Q: it states in my Parenting Plan that:"Mother shall arrange,and pay the costs of,transportation for ...
A: the original language would technically still control the situation depending upon what circumstance ...
|
| travelling overseas with kids | 9/8/2009 |
Q: I am a mother of a 3-year old and a 5-year old. I want to travel to Europe during their winter break ...
A: no he cannot prevent you from taking the children but if you don't have passports for the children ...
|
| divorce/separatio | 9/8/2009 |
Q: I have just made the decision for a divorce from my husband of 32 years. However, we do have a 15yr ...
A: I would advise against relocation unless you are agreeing that your Husband is to become the ...
|
| change of venue | 9/7/2009 |
Q: can a case be changed from one state to another by filing a change of venue motion? from oregon to ...
A: that would be a change of jurisdiction. A change of venue in within the originating state, usually ...
|
| child abandonment | 9/7/2009 |
Q: i am currently separated and our 2 children live with me full time. the mother is to busy running ...
A: you need to file for custody and child support even if you don't need the child support. Right now ...
|
| supplemental petition for modification | 9/5/2009 |
Q: I was just serve with papers for modification of child support. My ex-husband is on unemployment and ...
A: if you have the Department of Revenue collect your child support then they and/or the Child Support ...
|
| Step-Parent Issues | 9/4/2009 |
Q: My ex and I have shared custody of our daughter 50/50. Does his wife have any legal rights to ...
A: you former spouses new spouse has no legal rights to attend doctor's appointments or parent teacher ...
|
| non-custodial parent seeking visits | 9/4/2009 |
Q: my granddaughter (9 years old) has always lived with my daughter in my home. the "father" (and i ...
A: there is not much you can do at this point in time. If the father does not have time sharing rights ...
|
| childsupport/claiming on taxes | 9/2/2009 |
Q: I am in rears but not very much.. I pay almost 90 a week in child support and take care of my ...
A: In Florida even if it were ordered that you could claim the federal tax exemption for your daughter ...
|
| MSA | 9/2/2009 |
Q: My son-in-law divorced 2 yrs ago. He has two children which live primarily with him. He and his ...
A: the family court no longer has jurisdiction over the real property issue and your son in law stands ...
|
| Alimony Reduction | 9/2/2009 |
Q: My husband divorced in 10/04 and in the decree the alimony was to be $2500/mo. for the first 5 yrs ...
A: an Amended Income Deduction Order needs to be filed with/ordered by the court. I hope this ...
|
| Legal Separation | 9/1/2009 |
Q: My husband is going through a custody battle with his ex-wife. The kids don't get along with their ...
A: Florida has no statute or case law that automatically allows children of any age to decide which ...
|
| Visitation schedule | 9/1/2009 |
Q: My ex wife has physical custody of the kids. In my and my ex's separation agreement, it states that ...
A: you can continue with the time sharing as it has been for the past 3 years until such time as the ...
|
| Parenting Plan Violation | 8/31/2009 |
Q: My husband just went to court last week and received a parenting Plan in Broward County. The plan ...
A: your Husband will need to file a Motion for Contempt for any and all instances where the mother does ...
|
| Drop child support | 8/30/2009 |
Q: I live in floraida nd my daughter's father moved to New York. we have always had a very good ...
A: if Child Support Enforcement is simply enforcing your child support order and you have not requested ...
|
| adoption | 8/28/2009 |
Q: My ex boyfriend and I separated Christmas of 1995. At that time my daughter was 1yr. and 3mo. old. I ...
A: your Husband can adopt your daughter but the biological father must consent to the adoption or if he ...
|
| Parental rights | 8/28/2009 |
Q: WE were going to do an adoption with my birth daughter but my husband wants to postpone the ...
A: in Florida a parent cannot give up their parental rights and responsibilities other than though an ...
|
| Child support for step-daughter and alimony | 8/27/2009 |
Q: I am seeking some advice for my upcoming court date. I met my ex in 2000 and we moved in together 3 ...
A: if he did not adopt your daughter then he cannot be ordered to pay child support for her, that is ...
|
| Out of Wedlock Child | 8/27/2009 |
Q: The father of my 6 month old (who is not on the birth certificate by his own choice) is threatening ...
A: in Florida the Father would have no time sharing rights unless and until he filed a Petition for ...
|
| Adandonment | 8/26/2009 |
Q: I have had temp custody of my grand-daughter since 5/31/09. My son and the childs mom are drug ...
A: that would depend upon how you received Temp. Custody, if this was by court order and the parents ...
|
| Motion for Contempt | 8/25/2009 |
Q: My ex and I have shared parental responsibility. Our boys are 16 and 14. Recently my ex has taken ...
A: I would disagree. However, you should initially advise your ex by written letter that you do not ...
|
| Single mother | 8/24/2009 |
Q: My daughter had a baby 3 weeks ago. The father she was dating wanted nothing to do with her when ...
A: you daughter should execute a will naming the party or parties she has designated to care for the ...
|
| stepparent adoption | 8/21/2009 |
Q: I was only with him 2 weeks and in that time found out i was pregnant and a week later we seperated. ...
A: better get your detective hat on because the consent of the biological father will be needed for the ...
|
| Alimony | 8/20/2009 |
Q: My husband of 2 years wants a divorce and is trying to blackmail me. I came into the marriage with ...
A: alimony or rather the award of the same is based upon the need of one party and the ability to pay ...
|
| Step-parent Adoption - Last Name Change Process (SS Card) | 8/19/2009 |
Q: My son was adopted by his step-father my husband in 2001. My son's birth certificate and social ...
A: you will need to have vital statistics issue a new birth certificate with the proper name. I hope ...
|
| change my daughters last name | 8/19/2009 |
Q: My Daughters father (she is 2yrs old)moved from Florida to Chicago on April 30 2009. He has sent no ...
A: case law suggests that to change the name of a child is a serious matter and such action may be ...
|
| Doctor appointments | 8/18/2009 |
Q: My ex and I have shared parental responsibility. Our boys are 16 and 14. Recently my ex has taken ...
A: file a Motion for Contempt for his non-compliance with the requirements of shared parental ...
|
| custody of minor | 8/18/2009 |
Q: My 12 year old nephew came to live with me in March.His parents separated about 3 years ago in ...
A: Emergency orders are usually only granted where it is shown that the child is in immediate physical ...
|
| Relocation by agreement in decree | 8/18/2009 |
Q: I have been divorced for a year and a half and am the primary residential parent of my 5 yrs old ...
A: you should provide the notice of relocation in written form and byr certified delivery so you have ...
|
| verbal agreement | 8/18/2009 |
Q: I am the custodial parent of two children from my marriage. We divorced in 2006 in Fl. In the ...
A: the verbal agreement will be acknowledged by the court if and only if you can prove that such an ...
|
| custody of minor | 8/18/2009 |
Q: My 12 year old nephew came to live with me in March.His parents separated about 3 years ago in ...
A: you have no rights to the child other than those provided to you by the father. Your only option ...
|
| Stipulation Contract | 8/16/2009 |
Q: I have a question regarding a stipulation contract signed on 04/2008. The stipulation was signed by ...
A: there is a defense of Latches that basically states that if there was child support owed and it was ...
|
| Step Parent Adoption | 8/13/2009 |
Q: I am getting married soon and my fiance wants to adopt my son. He has been living with us for 2 ...
A: no there is no minimum time of marriage requirement for step parent adoption. I hope this ...
|
| Motion for Exceptions to Report on temporary modification hearing | 8/11/2009 |
Q: Bachert I have recently been through a custody modification hearing (temporary) the magistrate found ...
A: you are never required to file a responsive pleading (motion) to a motion. However, be prepared to ...
|
| Child Support | 8/11/2009 |
Q: I have a friend who recently filed for child support the enforcement agency said it may take over a ...
A: yes your fried could avoid using Child Support Enforcement entirely and file a Petition for the ...
|
| family law, non biological parent rights | 8/11/2009 |
Q: i was married for 2 years, 1 1/2 of which i took care of my wife's daughter, although we lived with ...
A: from what I understand of the situation and the time line it would appear that the child was born ...
|
| Shared Parenting from Ohio to Florida | 8/10/2009 |
Q: I am formerly from Ohio and moved to Florida, I have two girls that I pay child support on and I ...
A: the majority of your questions need to be addressed to an Ohio family law attorney. With regard to ...
|
| Magistrate recommendation | 8/9/2009 |
Q: If there are no objections to the magistrate recommendation within 10 days, does it automatically go ...
A: there are ten days, not business days, for either party to file objections to the magistrates ...
|
| Getting a lawyer for a will | 8/8/2009 |
Q: A senior citizen needs a will that should be simple, she doesnt own property, any suggestions will ...
A: simple will forms are available on the internet and many office supply stores. I hope this ...
|
| Legal Separation | 8/8/2009 |
Q: My 82 Y.O. father is trying to leave my mother. They have been married 60+ years. I believe he is ...
A: not knowing the marital history, your mother and father's incomes, assets and liabilities I cannot ...
|
| custody | 8/5/2009 |
Q: ok i just recently asked a question on this matter and your answer was kinda help ful but it led me ...
A: If you resided in the other state with the children for a period exceeding 6 months then the other ...
|
| non-bio parents rights | 8/5/2009 |
Q: In Florida: My son has been raising a non-biological child for 10 yrs since the child was 2yrs, ...
A: if your son and his wife divorce you son will have no rights to the child. While the soon to be ...
|
| CHILD SUPPORT | 8/4/2009 |
Q: NOT RECEIVING MY CHILD SUPPORT EX IS NOW $4900 IN THE REARS, NABLE TO MAKE HOUSE PAYMENT ETC CAN I ...
A: yes you can file the Motion for Contempt on your own. Go to your local Circuit Courthouse and talk ...
|
| Child Relocation | 8/4/2009 |
Q: Dan My son went to court today in reference to his x wife wanting to relocate to Georgia and taking ...
A: Florida's relocation statute applies: 1. To orders entered before October 1, 2006, if the existing ...
|
| Child Abandonment | 8/2/2009 |
Q: I have been married for 5 years and have had two children with my wife, ages 3 and 4. My wife has ...
A: until the court has entered some order regarding child custody each of you are free to bge with the ...
|
| Son wants divorce & Custody ... wife active duty now | 8/2/2009 |
Q: Mr. Bachert, The question I have concerns my son and his active duty wife. My son enlisted in the ...
A: based upon what you have stated I would think your son would have a very good chance at becoming the ...
|
| abandoment laws | 8/1/2009 |
Q: My huband has a daughter with another lady whom is making it hard for him to see his daughter. He ...
A: if your Husband began receiving social security benefits after the initial child support order was ...
|
| Problems | 8/1/2009 |
Q: I live in Florida and my ex lives in Georgia. The divorce was in Georgia. I have primary custody and ...
A: the only thing you could do is enlist the assistance of your daughter's therapist in testifying as ...
|
| moving | 8/1/2009 |
Q: my husband and I seperated 2/08 divorce finalized 6/09. our child is w/ me the majority of the ...
A: if your final judgment does not specifically address parent/child relocation then you will be ...
|
| Contempt of court | 7/31/2009 |
Q: State of Florida I have court in a couple weeks for contempt of court for not paying support.. I ...
A: based upon what you have stated it would be my opinion that the court will not hold you in willful ...
|
| Florida Divorce and rehabilitative alimony | 7/30/2009 |
Q: I and my wife (soon to be ex-wife) is in the middle of going through the divorce proceedings. ...
A: alimony is generally based upon need and ability to pay and is also affected by the length of the ...
|
| can i force someone to obtain birth certificate to enable the well being of a child??? | 7/30/2009 |
Q: My husband is the father of a 2 year old little girl. on May 12,2008, her mother left her with a ...
A: your Husband will need to file Petition for Paternity and Related Relief. Through that process he ...
|
| Pregnant, wanna move, not with Biological Father | 7/29/2009 |
Q: Good evening. I'm seriously considering a move out of state but don't know if the baby's biological ...
A: if you delay your move until after the birth then you would need to prove that the move is in the ...
|
| What should a mother do | 7/27/2009 |
Q: What should a mother do? The father of her baby fled the country to avoid paying child support ...
A: You cannot terminate parental rights and responsibilities outside of an adoption or where the state ...
|
| General Magistrate | 7/27/2009 |
Q: Sir, We just had our magistrate hearing 7/13 for temporary custody/child support and temporary ...
A: could be regular or business days but it is usually business days. The Magistrate's Finding of Fact, ...
|
| Divorce Procedures | 7/27/2009 |
Q: I filed my petition for dissolution in April. My spouse filed one of the forms required for the ...
A: no you cannot file a motion for default but you can file a Notice of Readiness for Trial and request ...
|
| death of uncle who had custody | 7/26/2009 |
Q: A friend's spouse just died. They had legal custody of his nephew. Does she maintain custody or ...
A: if both your friend and her husband had legal custody then the child will remain with the surviving ...
|
| Modify MSA | 7/26/2009 |
Q: My ex and I separated in 2005, divorced in 2007. I moved 30 minutes away, changing school districts ...
A: for any Petition for Modification of the Final Judgment the party seeking the modification must ...
|
| Custody Issue | 7/23/2009 |
Q: I am the father of a 14 year old son. His mother and I divorced in 1999 in the state of Florida and ...
A: you best and safest course of action is to file a Petition to Modify the Final Judgment of ...
|
| Modification of Alimony | 7/23/2009 |
Q: My ex filed for chapter 13 bankruptcy last year and in the same month filed for modification of ...
A: if he has investment property from which he realizes income that income would be included in ...
|
| child support with job loss | 7/16/2009 |
Q: My ex lost his job and is unable to find another. he asked me to accept $250/month instead of ...
A: that would depend upon the time sharing plan currently ordered or actually being followed. If you ...
|
| Abandonment | 7/16/2009 |
Q: I have a cousin who had a child with his girlfriend, whom now is his ex- girlfriend. The child was ...
A: in Florida a parent can only give up parental rights or loss parental rights through the process of ...
|
| need to move out of state with kids | 7/16/2009 |
Q: Original we lived in Kansas, and moved down to Florida 8 years ago for my husbands job. I do not ...
A: Florida would retain jurisdiction over the case until you have resided in Kansas for a period ...
|
| Custody change or First Right of Refusal | 7/15/2009 |
Q: Three years ago my ex was granted temp custody b/c of me not appearing at a hearing. My attorney at ...
A: your only option is to file a Petition for Modification of the Final Judgment and prove to the court ...
|
| moving | 7/15/2009 |
Q: My wife and I want to relocate to a different state. She has been offered a job that would double ...
A: in Florida you will be required to follow the dictates of Florida's Relocation Statute 61.13001. I ...
|
| Custody | 7/14/2009 |
Q: My ex is suing me for custody of our 16 yr old son. I have filed a counter-petition. We are now 60 ...
A: generally if there is no action on the case, meaning that nothing is filed with the court, for ...
|
| child vistation | 7/13/2009 |
Q: This is in regards to my daughter OK well I have custody I'm the father and the mother has time ...
A: you could file a Petition to Modify the Final Judgment so that a child exchanges take place some ...
|
| Minor's name change | 7/13/2009 |
Q: I have filed a petition to change my 13 yr old daughters name to my married name. Her stepday (my ...
A: after showing due diligence in attempting to locate the biological father and being unable to do so ...
|
| non payment of alimony | 7/11/2009 |
Q: i have a divorce order dated 6/24/09 that states my ex is to make alimony payments for $333 monthly ...
A: yes you should file a Motion for Contempt at this time. If he was represented by counsel during the ...
|
| child abandoment | 7/11/2009 |
Q: My wife and I have been caring for a friends 6 year old daughter for about three months now. The ...
A: unfortunately DCF is your only source of assistance that I am aware of for situations such as this. ...
|
| prejury | 7/9/2009 |
Q: How would I go about filing perjury charges on my ex wife. Also how do I file a contempt charge on ...
A: can't help with the perjury question but for the contempt you need to file Motion for Contempt with ...
|
| Engagement ring | 7/8/2009 |
Q: If you're married and you get a divorce within the first year what's the proper etiquette with her ...
A: mot sure as to0 the etiquette but you could maintain a legal action in Florida for the return of the ...
|
| Divorce & Affair | 7/4/2009 |
Q: If your spouse had a two year affair; spent money etc. on another woman and you have evidence to ...
A: yes it is considered marital waste and is an element considered in equitable distribution and ...
|
| Divorce and filing for Bankruptcy | 7/4/2009 |
Q: I have been married for more than 30 years. For five years, I lived here in Palm Beach Florida while ...
A: I would advise that you do not file bankruptcy until after the dissolution of marriage. In the ...
|
| moving | 7/3/2009 |
Q: i currently live in miami with my 4 year old son his father is in prison and is about to be released ...
A: depending upon the language of the Final Order of Paternity you may be required to comply with ...
|
| visitation rights of unmarried father | 7/3/2009 |
Q: My ex refused to participate in a custody proceeding in 2007. I was granted sole parental ...
A: if you can prove everything you have stated it doesn't sound like he would have a good chance at ...
|
| enforcement of alimony | 7/2/2009 |
Q: I was with my husband for 34 years and he wanted a divorce. I did not contest his divorce and did ...
A: you need to file a Motion for Contempt and Enforcement and during the pendency of the case you can ...
|
| Nonbiological Child Support | 7/2/2009 |
Q: My brother's exwife got pregnant while they were separated and he was in another state, so the baby ...
A: a child conceived during an intact marriage is considered a child of the marriage until proven ...
|
| custodial rights | 7/2/2009 |
Q: I have full legal and physical custody of my son. When I marry my fiance (not the biological ...
A: adoption is the only way. I hope this information was helpful to you. This answer is based solely ...
|
| Child Support Verbal Agreement | 7/1/2009 |
Q: My now ex-boyfriend is offering $500 a month for our 8 month old daughter as child support. But ...
A: I would refrain from drafting anything indicting that you have agreed to accept a lesser amount of ...
|
| CONTESTED RELOCATION | 6/30/2009 |
Q: I've been divorce since 2003 and have a 15 year old daughter. Over the course of her life I have ...
A: the relocation statute requires the court to consider the testimony of the child subject to the ...
|
| Moving | 6/30/2009 |
Q: In December, I am moving in my boyfriend. My son is 18 months old currently. I am well within ...
A: not unless it is shown that the living arrangement would be detrimental to the child or the Final ...
|
| florida county error | 6/30/2009 |
Q: My husband filed for divorce but his attorney filed in the wrong county. It said we lived in ...
A: if one or both of you has resided within Florida for at least 6 months then any county in the state ...
|
| Parent Moving | 6/27/2009 |
Q: My ex-wife, son and I both live in Orlando. I currently see my son every Tuesday and every other ...
A: the short answer to your question is no she can probably not move if you have an order in effect ...
|
| divorce laws | 6/27/2009 |
Q: On March 5, 2009, you told Sarah that a financial affidavit in a modification did not have to ...
A: see Florida Statute 61.30. I hope this information was helpful to you. This answer is based solely ...
|
| Abadoned Chlidren/Walked Away From House | 6/26/2009 |
Q: I would like to know if wife abadoned our kids and it's been 4 years what kind of rights do i ...
A: you need to file for divorce for two reasons if none other. One you should be receiving child ...
|
| relocation | 6/24/2009 |
Q: I filed an intent to relocate and my ex-husband objected (even though we verbally agreed the child ...
A: if there is no order permitting the relocation after your three weeks of uninterrupted summer time ...
|
| reduction of alimomy payments | 6/23/2009 |
Q: Since my divorce two years ago, my financial situation has changed drastically. I inherited my moms ...
A: simply not enough information to properly answer your question. If you voluntarily increased your ...
|
| childs father is very manipulative and alot of sex partners | 6/23/2009 |
Q: My childs father and i were together for 2 1/2 yrs.We were never married.When I told him I was ...
A: if there is no order regarding time sharing then he has no right to time sharing. You can if you ...
|
| Amend to the final judgement | 6/22/2009 |
Q: My stepson just graduated from High School and he move to live with us, he is only 17,and we tried ...
A: file a Petition for Modification of the Final Judgment requesting the recalculation of child support ...
|
| visitation | 6/22/2009 |
Q: my ex came into court and in his declaration he stated at this time he wanted nothing to do with our ...
A: A court cannot be held in contempt of its own order. You could issue a Writ of Mandamus requesting ...
|
| Divorce and Step Children | 6/22/2009 |
Q: Dan, I have been with my husband now for 10 years, married for 6. He has 3 children from a ...
A: after the divorce you will have no rights, what so ever, to the biological children of you current ...
|
| Terminated Income deduction order. | 6/21/2009 |
Q: What does it mean when one parent has a child support income deduction order terminated?
A: it means that the Order requiring the parent's employer to deduct child support from that parent's ...
|
| visitation | 6/18/2009 |
Q: my ex came into court and in his declaration he stated at this time he wanted nothing to do with our ...
A: You indicate that you are typing the language from the transcript but that does not indicate what ...
|
| visitation | 6/18/2009 |
Q: my ex came into court and in his declaration he stated at this time he wanted nothing to do with our ...
A: without knowledge of the actual language in the actual orders I cannot comment upon the legality of ...
|
| MSA: Breach of Contract or not? | 6/16/2009 |
Q: Mr. Bachert. My soon-to-be-wife has an ex-hubby that has signed an MSA stating that he is to sell ...
A: if he was ordered to place the home on the market for sale and has not done so then he would be ...
|
| terminating rights | 6/16/2009 |
Q: i live pasco county florida. i am recently divorced and have full custody of my 6 year old son. my ...
A: If the current parenting plan order does not specify supervised time sharing then you will need to ...
|
| name change minor | 6/15/2009 |
Q: My son is one and a half years old. I have shared custudy with his mother who I was never married ...
A: Donald, go with the hyphenated name that is what the court will provide to you if it orders any ...
|
| Third Party Child Pickups | 6/15/2009 |
Q: My wife's mother is going through the beginnings of the divorce, and her husband is currently acting ...
A: at the Temporary Relief hearing, which cannot occur until after the parties have mediated, your ...
|
| terminating rights | 6/14/2009 |
Q: i live pasco county florida. i am recently divorced and have full custody of my 6 year old son. my ...
A: you cannot terminate her parental rights but you can severely limit them through supervised ...
|
| Gay Second Parent Adoption | 6/10/2009 |
Q: My partner and I have been together since before the birth of our now 19 month old daughter. Her ...
A: unfortunately the same statue that prohibits single and gay adoptions prohibits the gay partners of ...
|
| mother moving with child | 6/10/2009 |
Q: About 5 years ago, my husband allowed his ex-wife to move from Florida to North Carolina with his ...
A: more likely than not this issue would be controlled by NC family law. Your Husband could try and ...
|
| NOT FAIR | 6/9/2009 |
Q: I'M A MOTHER OF 4. I HAVE 2 GIRLS BY ONE FATHER AND 2 BOYS BY ANOTHER FATHER. I HAVE BEEN GOING TO ...
A: if you want quality representation then get a private attorney. I hope this information was ...
|
| child support | 6/9/2009 |
Q: can the social services include my girlfriends income on my child support
A: not usually unless they can prove that you girl friend is supporting you and plans to continue to do ...
|
| child custody | 6/9/2009 |
Q: I have a friend who's wife it threatening to move his daughters out of the state of FL without his ...
A: unless their order specifically addresses relocation the Wife will be required to comply with ...
|
| jurisdiction | 6/8/2009 |
Q: My wife and I were married in Mo. in 2001. We have three children from our union.In June, 2008, my ...
A: Florida will have jurisdiction to dissolve your marriage, adjudicate child responsibility and ...
|
| 2008 divorce laws | 6/8/2009 |
Q: I was divorced in 2003 and am the primary custodial parent of my 2 children. I know the 2008 laws do ...
A: your final judgment is still effective and you will not need a new parenting plan. I hope this ...
|
| grandparent's rights to custody | 6/7/2009 |
Q: My daughter was 17 when she gave birth to my granddaughter. She resided with me till the baby was 2. ...
A: you will need to get the Florida Department of Children and Families involved. I hope this ...
|
| my rights | 6/6/2009 |
Q: i applied for a divorce where i wasn't able to locate my spouse. his lawyer is contesting the ...
A: there is no connection between spousal support and caring for a child of the marriage. I hope this ...
|
| Child Custody | 6/6/2009 |
Q: My name is Jessica. I got divorced in 2008 we were separated in 2006. The divorce was not nice. I ...
A: there is no "abandonment" outside of adoption actions or considerations of whether or not a child ...
|
| alimony | 6/2/2009 |
Q: My husband's divorce was 14 years ago. At the time no alimony was awarded, just child support with ...
A: it certainly sounds like there has been a substantial change in circumstances that would justify the ...
|
| Violation of Shared Parental Responsibility | 6/2/2009 |
Q: I am relocating to another county for residence. I am well within the statutes to relocate. However, ...
A: selecting a daycare would/could be considered a shared decision under the requirements of shared ...
|
| primary residential parent | 6/1/2009 |
Q: I would like to know if the primary residential parent is the parent who effectively lives with his ...
A: while the terms primamry residential parent, primamry custodial parent, secondary residential and ...
|
| Family Law - Stepparent issue | 5/30/2009 |
Q: My exwife is allowing, and now apparently encouraging, our son to call her new husband "dad." As I ...
A: yes you can file a Petition for Modification of the Final Judgment and request that the court modify ...
|
| child custody/abandonment | 5/29/2009 |
Q: My sister's father in law and his much younger girlfriend had a baby 4 years ago. For the past 3 ...
A: your sister has no rights to the child. The father has parental rights which he can have enforced by ...
|
| Parent Custody issues | 5/29/2009 |
Q: My husband and I have been married for over 5 years and he has had custody of his daughter since she ...
A: Yes, your husband could request that there be no contact unless that contact is supervised. That ...
|
| ENforcement | 5/29/2009 |
Q: My Ex Husband is order to maintain the health insurance on our son. IN January, he informed me that ...
A: the answer to your question is yes. You need to file a Petition for Modification and the court will ...
|
| Amending divorce agreement | 5/29/2009 |
Q: I currently have three children that I see every weekend and pay child support every two weeks. I ...
A: to make any changes at all you will need to show a substantial change in circumstances that was ...
|
| Modification of timesharing plan due to relocation | 5/29/2009 |
Q: I live in Florida with my 3 1/2 year old daughter. To summarize this story as much as possible. I ...
A: there are no Florida time sharing guidelines each circuit court and sometimes each court within the ...
|
| Modifying Visitation Schedule | 5/28/2009 |
Q: I will try to keep it short w/o leaving out any details. About 8 weeks ago, my ex-wife and I agreed ...
A: have you actually calculated the child support difference between 50/50 and a 43/57 time sharing ...
|
| child custody | 5/26/2009 |
Q: The family court took away custody from me for NO legal reason this matter is up on appeal.what are ...
A: not having all the facts of the case and no knowledge of the order or the proceedings that gave rise ...
|
| panic with owning up to responsibilities | 5/25/2009 |
Q: I havent had any contact with my 2 daughters (13 and 10) in 4 years due my former substance abuse ...
A: if you have an order for child support begin paying it as ordered. If you have a order setting out ...
|
| mother choosing parental custodians in case of an emergency | 5/24/2009 |
Q: My girlfriends 2nd cousin wants to choose the both of us to care for her little girl in case of ...
A: that depends upon what you mean by emergency. If you mean the 2nd cousin's death then her wishes ...
|
| My Children in Wedlock | 5/21/2009 |
Q: I have 3 children, 5, almost 3, and a 5 month old. The mother of my children left me and married ...
A: if you don't have one already you need to have an order for time sharing. When the order is issued ...
|
| Right of Refusal | 5/20/2009 |
Q: My fiance has a son. The visitation agreement he has mentions the 4 hour right of refusal. With ...
A: yes it will still apply. I hope this information was helpful to you. This answer is based solely on ...
|
| Constructive service | 5/20/2009 |
Q: I am filing a pro-se divorce case - missing spouse, last known address is Colorado Springs. It ...
A: you will file your Petition for Dissolution and related documents first then follow theses ...
|
| mediator | 5/19/2009 |
Q: Explain how to go about getting a mediator to work with divorced parents. I have a very unreasonable ...
A: if the issue is one that can be brought to the court for resolution then the court can and usually ...
|
| paying from overseas | 5/8/2009 |
Q: I will be moving overseas in a few years. My income won't be nearly what it is now as where I'm ...
A: if your reduction in income is considered voluntary, and it appears that it would be by what you ...
|
| Custody laws in FL | 5/7/2009 |
Q: Married couple split in November 2008 and the mother has the two children. The father left the state ...
A: it is always possible for the court to o0rder that the children reside with either parent regardless ...
|
| Childs last name | 5/6/2009 |
Q: I divorced the father of 2 of my children 3 years ago after 14 years of marriage and recently had ...
A: if the mother of a new born child is not married at the time of birth, the parent who will have ...
|
| Court jurisdiction on divorce petition | 5/5/2009 |
Q: I am living in Pinellas County having moved here from NJ in Sept 08. My wife lives with my children ...
A: all Florida courts have jurisdiction of the action. The real question is which court has proper ...
|
| children out of wedlock | 5/5/2009 |
Q: I have 3 children ages 5, 2, & 5months old. The father and I were never married. we separated just ...
A: first off be advised that a biological parent CANNOT just sign away their parental rights. The state ...
|
| DIVORCE | 5/3/2009 |
Q: ME AND MY WIFE HAVE BEEN APERT FOR 4 1/2 YEARS ONE OF THE YEARS WE MESSED AROUND THEN SHE GOT ...
A: just file for divorce. You wife does not have to agree to the divorce this is a no fault divorce ...
|
| custody issues | 5/2/2009 |
Q: My ex husband and I have shared parental responsibility, however, it states I have primary physical ...
A: if you are subject to Florida's relocation statute then you will need to provide the proper notice ...
|
| termination of rights | 5/1/2009 |
Q: i am a single mom & my son is 4.5 yrs old. his father & i were never married. we've established ...
A: the biological father's parental rights can only be terminated through the process of a step parent ...
|
| Change of schools | 4/30/2009 |
Q: My ex and I have shared responsibility for our 2 daughters. The oldest is in high school and is ...
A: you could but you will be subjecting yourself to a Motion for Contempt. If you and your ex cannot ...
|
| Moving out of state | 4/30/2009 |
Q: I have sole parental responsibility, shared custody and am the primary residential parent of a son ...
A: The answer to your question depends largely upon when your dissolution of marriage was entered and ...
|
| GENERAL MAGISTRATE DIVORCE FL | 4/29/2009 |
Q: My wife filed a motion for a general magistrate, I want to know if that person will heard my side of ...
A: the general magistrate will hear the case just as the judge would. The only exception is that the ...
|
| child support modification | 4/29/2009 |
Q: Our divorce paperwork states that child support for our 2 children ceases once they graduate high ...
A: you will need to submit and Agreed Order Modifying the Final Judgment of Dissolution to the court ...
|
| child custody | 4/29/2009 |
Q: I am the biological father of my daughter. I am currently going through a divorce. My wife is not ...
A: no you have no more rights as the biological parent than your Wife does as the adoptive parent. I ...
|
| sole custody by abandonment? | 4/28/2009 |
Q: I am filing a pro se dissolution with kids. Their dad is not in the picture, I have an out of state ...
A: if you are arguing that the father should have no say in how the children are raised then be ...
|
| Child support | 4/28/2009 |
Q: When I divorce in 2003, the income deduction order was in Broward County. My ex filed another one ...
A: most of what you have going on and correcting it will depend upon the orders issued that state which ...
|
| Step parent rights | 4/27/2009 |
Q: I am the custodial parent for my two children. They visit their father every other weekend as per ...
A: in Florida stepparent and/or grandparents have no separate rights to time sharing with children. If ...
|
| support arearages overpaid | 4/26/2009 |
Q: Does my ex-husband have the right to the overpayment of an arrearages that happened over the course ...
A: continuing the payments of child support beyond that which is required is generally viewed as the ...
|
| I think I got an unlawful settlement | 4/24/2009 |
Q: Dan, I am active duty military. My ex-wife is civilian. Divorced in June 2008 in Miami FL. She lives ...
A: Florida law cannot supplant Federal Law. If the order of the Florida court provides a benefit to ...
|
| custody issues | 4/22/2009 |
Q: My ex and I have a parenting agreement that we agreed upon and the judge signed last Fall. In this ...
A: you have no other choice but to file a motion for contempt and you may want to consider requesting ...
|
| Child Cupport Modification | 4/22/2009 |
Q: My ex husband has filed for a child support modification, since he's claiming his income is lower. ...
A: All discovery requests are due within 30 days if requested after service of the initial pleading or ...
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| Child Cupport Modification | 4/21/2009 |
Q: My ex husband has filed for a child support modification, since he's claiming his income is lower. ...
A: he still has to prove that the loss of over time is a permanent change in circumstances. child ...
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| Child Support Modification | 4/20/2009 |
Q: My son's Father has filed for a modification on child support claiming he's making less money. He's ...
A: generally the courts will base child support upon a parents full time employment, if they are ...
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| child support | 4/20/2009 |
Q: child support order is in florida but my 3 year old autistic child and i live in MA now. order ...
A: you should contact the agency in MA that enforces child support in that state. They should be able ...
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| leaving state with child | 4/19/2009 |
Q: I recently moved from Fl to NM with my 15 year old son. His father has been absent many years and we ...
A: I doubt very much that you will be found in criminal contempt and incarcerated for relocating. ...
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| Motion to transfer venue? | 4/17/2009 |
Q: I live in Palm Beach County and previously lived in Miami, Dade County. My child support case is ...
A: if you are represented by the Department of Revenue (DOR) they will transfer the case to Palm Beach ...
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| Shared Parenting | 4/16/2009 |
Q: I have a 13+ y/o daughter. She in advanced placement in school and has always been very mature. ...
A: there are a couple of things that come into play here that you have not mentioned. The first and ...
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| Child Spport in Arrears | 4/16/2009 |
Q: I was curious if one can lower child suppor in arrears. I was stupid and never took the time to ...
A: sorry but you can only achieve a downward modification of child support from the date you file your ...
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| Child Support Modification | 4/14/2009 |
Q: It's been 4 years since my divorce. I have custody of our 12 year old son. His father has been ...
A: advise Child Support Enforcement that you do not agree with his requested modification. I hope this ...
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| step-parent vs. biological parent | 4/14/2009 |
Q: I am married and my husband has legal custody of his daughter from his first marriage. She is 16 ...
A: there is no Florida Statute that specifies the rights between a stepparent and stepchild. However, ...
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| stepparent adoption abandonment law | 4/14/2009 |
Q: I have had custody of my son for the past five years. In those five years his mother has not tried ...
A: the biological parent consent is required in a stepparent adoption. The court can waive that consent ...
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| Daughters Divorce-Primary parent | 4/14/2009 |
Q: My daughter is getting a divorce and trying to go through mediation and his lawyer for the custody ...
A: do not under any circumstances allow your daughter to sign off on the agreement as written. If your ...
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| final hearing | 4/13/2009 |
Q: My second "final" hearing took place on Feb 24, 2008. It has almost been 14 months and still no ...
A: contact the judge's judicial assistant and inquire as to the Final Judgment. It should take no ...
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| Estoppel argument | 4/12/2009 |
Q: Can you tell me if Estoppel been used in family law cases pertaining to not paying medical insurance ...
A: estoppel has been alleged but usually latches is the better defense if child support, in any form, ...
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| Divorce | 4/10/2009 |
Q: Me & my wife have been married since 1992. Last year we moved to Florida in hopes of providing a ...
A: you are free to travel and live where ever you like. However, be aware that if you do relocate this ...
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| divorce | 4/9/2009 |
Q: My husband just recent filed for divorce and I'm wanting to know is there any rights for me? we ...
A: there are many forms of spousal support: bridge the gap, rehabilitative, temporary, and permanent ...
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| Son's last name change | 4/7/2009 |
Q: When I was pregnant, child's father and I split ways because of the pregnancy. I married before I ...
A: you can File a Petition with the court to change your son's name but you will be required to ...
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| Visitation for Non-Custodial Parent | 4/7/2009 |
Q: My boyfriend left me while I was 3 months pregnant. He now lives in Texas, is married, and has ...
A: parent's cannot sign away their parental rights in Florida except where the child is adopted or ...
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| Non biological parents rights | 4/6/2009 |
Q: my boyfriend helped raise his ex wife's little girl since she was 18 months, she is now 5 years ...
A: if he is not the biological father and has not adopted the child he has no legal rights to her nor ...
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| Child Custody | 4/6/2009 |
Q: I was just granted a default in my divorce case becuase the mother and her attorney failed to show ...
A: you can serve her through her attorney. With regard to the appeal there are numerous arguments they ...
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| Disagree with final hearing | 4/6/2009 |
Q: My ex husband and I went to court on March 24, where the magistrate ruled that my daughter should ...
A: there are no forms to use at the appellate level as there are in the trial court. See an attorney ...
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| Orthodontic expenses | 4/6/2009 |
Q: I read one of your posts that stated "according to the Fourth district court of appeals Orthodontia ...
A: you will need to find a law library or the same could be found on electronic data bases such as ...
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| Block of Child Relocation | 4/5/2009 |
Q: My ex-wife and I have been divorced for just over one year and she has custodial custody of our 2 ...
A: if she has filed a Notice of Intent to Relocate then you will need to file your objection to the ...
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| ABUSE | 4/3/2009 |
Q: IF A PERSON IS BEING ABUSED BY WHOM SHE RESIDES WITH CAN SHE LOSE CUSTODY OF HER CHILD IF SHE TURNS ...
A: if the mother allows the child to be placed in a situation where the child can observe the abuse ...
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| DIVORCE SETTLEMENT | 4/3/2009 |
Q: IN ONE OF THE ARTICLES IN THE DIVORCE AGREEMENT MY WIFE AND HER ATTORNEY HAS WRITTEN STATES THAT I ...
A: if you sign the agreement you waive your rights to your share of that asset. I hope this ...
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| Custody | 4/2/2009 |
Q: My husband has a son with his ex-wife, and he is getting ready to deploy and i want to know what my ...
A: sorry but you have no parental rights with or to your Husband's son. As such the biological mother ...
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| Child Custody | 4/2/2009 |
Q: I am about to divorce my husband,but the only thing keeping me from leaving is that I am worried ...
A: the court will look more to which parent has provided the majority of care for the child while your ...
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| child support enforcement/ex is unemployed | 4/2/2009 |
Q: My ex was only working part time at the time of our divorce and was only making $14,000 per year. He ...
A: he could be held in contempt but for the contempt to have any real meaning you will have to show ...
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| What can you as a lawyer do to make this fathers live so miserable | 4/1/2009 |
Q: What can you as a lawyer do to make this fathers live so miserable that the father will give in the ...
A: The biological father's parental rights cannot be terminated by agreement between the parties. Such ...
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| step parenting | 3/31/2009 |
Q: when my fiance and i get married can he legally adopt my kids without the fathers consent if he ...
A: the biological father's consent is needed for the court to grant the stepparent adoption. If the ...
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| Kidnapping | 3/31/2009 |
Q: I live in Ohio... My exhusband lives in Florida. We have shared parenting but I am the custodial ...
A: call law enforcement and file a Motion with the Family Court in Ohio for the return and/or pick-up ...
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| family | 3/31/2009 |
Q: i am 15 years old and my girlfriend had a baby she is 15 too. and we decided to name our daughter ...
A: under Florida Statute if the mother and father whose names are entered on the birth certificate ...
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| child support modification | 3/31/2009 |
Q: Sir, My husband is active US Army currently in S. Korea. We have been notified by his ex-wife that ...
A: yes there can be a substantial increase. But in Florida the increase can only be ordered from the ...
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| dismissed divorce | 3/30/2009 |
Q: today i called the county clerk to see if i could pick up a cpoy of my divorce. i was told by the ...
A: initially you should contact your attorney to confirm what the clerk has stated and give him or her ...
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| Child divorcing parent | 3/30/2009 |
Q: My question is can my 14 year-old son divorce me and choose to live with his maternal grandmother? ...
A: not that I am aware of. The only thing they could be attempting to do is show that you are abusing ...
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| Contempt of court? | 3/30/2009 |
Q: My husband has had full custody of his son since 2005. The mother did not paid any of the court ...
A: she will not be held in contempt unless and until you file a Motion for Contempt. With regard to ...
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| Child abandonment | 3/30/2009 |
Q: I have a question about 2 years i left my daughters father for someone else. Since then her father ...
A: after your marriage you current fiancee may be able to adopt your daughter if either the biological ...
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| divorce | 3/30/2009 |
Q: I'm handling my fiances divorce while he serves in the military in iraq. His hopefully soon to be ...
A: it may be a simple divorce regarding assets but not with regard to custody. Child custody is ...
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| Child Abandonment Laws | 3/29/2009 |
Q: I have a question on child abandonment to make sure of something because a family member is in a ...
A: If the Petition for Dissolution has been filed then any actions your friend takes with his ...
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| protecting my children | 3/28/2009 |
Q: i sm seeing behaviors in my children and hearing comments that concern me. I am worried that my ...
A: yes you can file a motion requiring that the Mother and the children undergo psychiatric ...
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| statutes regarding child medical and school decisions | 3/28/2009 |
Q: what guidelines or statutes are their regarding rulings when one parent attempts to get exclusive ...
A: in Florida the parent seeking such a ruling would be required to prove that the departure from ...
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| Wedlock and relocation | 3/27/2009 |
Q: I have a 3yr old son born out of wedlock, my sons father is on the birth certificate, No paternity ...
A: you cannot be arrested for kidnapping as the biological father has no parental rights until they are ...
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| spouse support | 3/27/2009 |
Q: i a m about to start the divorce process after 4 and a a half years of marriage. we had no kids so ...
A: do not sign the settlement agreement. You Wife may not be entitled to any support whatsoever. The ...
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| Child abandonment | 3/27/2009 |
Q: My husband stop seeing his child about 15 months ago. We had been in and out of family court and ...
A: an action to shelter the child can be brought and the Department of Children and Family services ...
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| Abandonment by mother | 3/27/2009 |
Q: Parents were not married and a child was born out of wedlock. Mother moved child to Alabama after ...
A: any action you take will have to be taken in Alabama. I would advise to seek the counsel of an ...
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| adoption by step parent | 3/26/2009 |
Q: My stepson wants me to adopt him. I've been his step parent for seven years. He will be 16 this ...
A: no he does not need to wait until he is eighteen but the biological father will need to consent to ...
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| ex cohabitating | 3/26/2009 |
Q: My ex just informed me he is moving his current girlfriend in with him. While I am happy he feels ...
A: if you can prove that your former Husband's new living arrangements will be harmful to your son then ...
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| childsupport and custody | 3/22/2009 |
Q: In the state of FLA if parent receives childsupport but has not been to court to obtain custody does ...
A: an award of child support only recognizes the parent receiving the support as having the child in ...
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| protecting chldren from abusive mentally ill parent | 3/22/2009 |
Q: My daughter-in-law suffers from self-diagnosed bipolar and there is a family history of same. DCF ...
A: I do not know where you could go to have the baby tested. The pediatrician could do it just make ...
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| how to submit evidence into court case | 3/21/2009 |
Q: i am getting ready to file for divorce and custody and i need to know how i can collect evidence and ...
A: each state has differing rules of evidence and the following is what applies in Florida. All ...
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| Florida DROP Equitable Distribution | 3/21/2009 |
Q: How would the $88,000 be divided that accumulated in my soon to be ex wife DROP account? She worked ...
A: this is the stuff the experts love to argue about and the courts are all over the place on. ...
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| Family Divorce and Loans | 3/20/2009 |
Q: My buddy is going through a Divorce. 2 weeks before he was served his wife and in-laws came to him ...
A: yes this is legal and will be upheld unless your friend is able to prove by a preponderance of the ...
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| Ex Wife has a convict ( Murderer) for boyfriend and wants him around my children if he gets paroled | 3/20/2009 |
Q: I am the father of 2 children a daughter 7 and a son 4 and my ex wife is currently in a relationship ...
A: if theis is a Florida case she may be required to show that the relocation will be in the best ...
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| Relocation of Minor Child | 3/20/2009 |
Q: I have had primary custody of my 4.5 year-old daughter since my divorce. There is no set schedule ...
A: initially the fact that you current husband has a job offer in another state provides you with ...
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| family-law | 3/20/2009 |
Q: I live with my baby's father. We are not married, but he is on the birth certificate, and there is ...
A: yes you may. I hope this information was helpful to you. This answer is based solely on the ...
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| Question regarding child support and visitation | 3/19/2009 |
Q: I have a couple of questions regarding child support and visitation. Here is my situation. I am ...
A: no your income will not be considered in the child support calculation for your Husband's children ...
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| Relocating with Children | 3/19/2009 |
Q: My ex and I have joint custody but the children reside with me in FL. I have a job opportunity in ...
A: your best course of action is to file an Agreed Order modifying the Final Judgment. The Agreed Order ...
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| divorce help | 3/19/2009 |
Q: i will tell you my situation. i got married in nov 04, thanks to that i got my residence in this ...
A: I cannot comment of the status of your green card after divorce. However, as to the rest of your1. ...
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| property division in lopsided marriage | 3/19/2009 |
Q: I am in the initial stages of divorce preparation. My question is, roughly, what kind of property ...
A: due to the content of your e-mail (snow removal) I get the feeling you are not discussing a Florida ...
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| Contempt/child support | 3/18/2009 |
Q: I am having a very difficult time getting the courts to order my step-son's mother to pay child ...
A: unless it was found that the mother had no capability to earn an income then it was an error to ...
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| Divorce not final; can I add language to restrict child relocation? | 3/18/2009 |
Q: who is preparing our filings, including the Parenting Plan. Our hearing date isn't set yet. I am ...
A: most settlements will either state that the child cannot be removed more than a certain distance or ...
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| Adult Child Support | 3/18/2009 |
Q: I have found my biological father. I want to sue for back child support for myself and my brother. I ...
A: unless your biological father was placed on notice that he had a child support obligation and that ...
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| Step parent adoption | 3/17/2009 |
Q: I would like to know how I go about filing a step parent adoption because the father has abandoned ...
A: file a petition for step parent adoption and request that the court waive the biological father's ...
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| Adoption/ abanonment/ name change of minor | 3/17/2009 |
Q: old son who has been abandoned by his bio' father. My son doesn't have his last name, the bio' ...
A: You would file a Petition for the change of name in the county court. Notice of the action would ...
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| claiming children on my taxes | 3/16/2009 |
Q: wife and i divorced,she had custody then screwed up. now i have custody and pay 72% of support,( ...
A: if there is no order stating otherwise the parent that has the children in their household for more ...
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| Adoption/ abanonment/ name change of minor | 3/16/2009 |
Q: old son who has been abandoned by his bio' father. My son doesn't have his last name, the bio' ...
A: there are no state programs I know of that can assist you with a step parent adoption. The ...
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| divorce | 3/16/2009 |
Q: I have been married sence NOV 2006. My wife has been cheating on me sence Sep 2007. She has a child ...
A: if you have no children together and you've only been married for a little over two years there is ...
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| Divorce & Settlement | 3/16/2009 |
Q: My husband is living in Palm Beach County and I live in Vancouver, BC. I filed for divorce 14 years ...
A: seek the advice of BC lawyer. More likely than not your Connecticut case was dismissed by ...
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| Termination of Parental Rights | 3/15/2009 |
Q: My son's dad and I never married and we live in different cities. My son is 4 and his dad has not ...
A: the only way to terminate a parents parental rights is through the process of adoption and of the ...
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| Modification child custody | 3/15/2009 |
Q: I have custody of my son who is 16 1/2. My ex husband is asking for modification of custody as my ...
A: yes the court will hear the action if it is filed and a substantial change in circumstances has ...
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| Minor child relocation due to re-marriange and spouse job transfer | 3/15/2009 |
Q: When I filed for divorce a couple years ago, I was requesting to move to out of state with my 5 ...
A: your current time sharing arrangement will in all likelihood make it more difficult for you to ...
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| Perjury in court | 3/14/2009 |
Q: My ex-husband and i just went back to court and he and his new wife lied on the stand. The judge ...
A: not having full knowledge of the case I can not advise you as to the outcome of your pending appeal. ...
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| child sopport | 3/13/2009 |
Q: My husband and I are getting ready to separate and we really don't want to go thought the whole ...
A: child support can be ordered and enforced at any time. However, how do you know if $600.00 is the ...
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| CHILD ABANDONMENT | 3/13/2009 |
Q: i HAVE 2 DAUGHTERS BY mICHAEL . OUR OLDEST DAUGHTER PASSED AWAY IN 2005 , SHE HAD BEEN BATTLING ...
A: one of the requirements for a stepparent adoption is that the biological father provides his consent ...
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| pick up/drop off | 3/12/2009 |
Q: Does it matter who comes to pick up my daughter on our scheduled drop off times. My ex tried to ...
A: it is doubtful that you could use that fact in an action to obtain primamry custody of the child. ...
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| custody appeal | 3/11/2009 |
Q: My brother won physical custody of his three young children a couple of months ago. My nephews ...
A: I have no idea what the Mother's chances are on appeal as I do not know the legal history of the ...
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| Help getting more parenting time with my son | 3/11/2009 |
Q: We're not married, my ex took my 2 month old son away after she found out I was cheating on her. ...
A: you did not indicate whether she removed the child from the jurisdiction before or after you filed ...
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| When and how do you hold someone in contempt | 3/11/2009 |
Q: My ex-husband and I share physical cusody of our daughter, she lives with me. Our daughter has ...
A: if you Former Husband was ordered to do something and he is not doing it you can file a Motion for ...
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| legal wording... | 3/10/2009 |
Q: I read an opinion of yours re 'Right of First Refusal' and I am wondering if that is the same as or ...
A: no I would consider them to be the same and at any rate this language is not self defining and is ...
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| Custody/child support | 3/9/2009 |
Q: I live with my ex-girlfriend of ten years. We have a 9 year old son. I pay half of all bills. Can ...
A: it would be my opinion that your ex-girlfriend would be unable to have you removed from the ...
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| protecting chldren from abusive mentally ill parent | 3/8/2009 |
Q: My daughter-in-law suffers from self-diagnosed bipolar and there is a family history of same. DCF ...
A: you did not mention whether a divorce was pending at this time but I will assume it either is or ...
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| seperation vs. divorce | 3/7/2009 |
Q: What is the difference in a seperation and divorce when pertaining to custody and assets? My husband ...
A: Florida does not recognize a legal separation, however, parties wishing to work on thier marriage ...
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| visitation and custody rights | 3/5/2009 |
Q: my husband has two kids with previous wife, they have joined custody legal , and physical. my ...
A: her assertion would depend upon the actual language of the Final Judgment of Dissolution. Without ...
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| divorce question. | 3/5/2009 |
Q: I am 20 years old. Was married at 18 and been seperated since may of 2008 i also filed for divorce ...
A: sorry but I have no way of knowing to what point your dissolution action has proceeded and what ...
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| child support modification/financial affadavits | 3/5/2009 |
Q: My husband and his ex-wife are going to court in Florida for modification of child support and ...
A: no a subsequent spouses income/expenses are not considered and not included in the affidavit. I ...
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| Divorce | 3/5/2009 |
Q: My husband left with my neighbor in November 2008. He posted his marriage to this women in the local ...
A: you can appeal the courts decision but if you have not done a diligent search then the appeals court ...
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| Termination of Parental Rights | 3/4/2009 |
Q: I am engaged, and my fiance's daughter is 4. There is joint custody between him and her mother. Her ...
A: you can only terminate the mother's parental rights through the process of a stepparent adoption. ...
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| Parental Rights, Child Support | 3/3/2009 |
Q: My husband and I are about to go through a divorce. This may seem like a strange question and I hope ...
A: sorry but if you have a child you are responsible for its support and unless the child is adopted by ...
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| unmarried mother -irish | 3/2/2009 |
Q: i was just wondering if there is an unmarried mother who has a 17year old, what are the chances that ...
A: the Father will have the right to share time with the child unless and until it is shown that such ...
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| child support and abandonment and name changes | 3/2/2009 |
Q: My son’s father and I parted ways when I was 3 ½ months pregnant. He and his family were at the ...
A: you will not be able to remove the Father's name from the birth certificate and the Father's ...
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| child abandonment law..??? | 3/2/2009 |
Q: my name is clarrissa, i was wondering what the child abandonment law was in florida,my daughter and ...
A: the only real protection you would have is to have your current Husband adopt your daughter. Thereby ...
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| family law | 3/1/2009 |
Q: if the court appointed a lawyer for the children who pays the bill?
A: that would depend on the language contained in the order appointing the Attorney Ad Litem. I hope ...
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| Moving out of state | 2/27/2009 |
Q: I want to move out of state with my 8 year old daughter, our entire family base in in Ohio, we are ...
A: yes there will be issues with the proposed relocation unless you can prove that relocating the child ...
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| Family Law | 2/26/2009 |
Q: Mother left 4 weeks ago to visit her Mom with 3 minors on a 20 hour drive. Now she is telling us she ...
A: unless Mom has an order preventing Father from seeing children. Father can go anywhere the children ...
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| Florida abandonment / stepparent adoption | 2/26/2009 |
Q: My son's father has not seen my son since he was 5 months old, he is not almost 4 years old. Two ...
A: yes you can have the court waive the biological fathers consent to the step parent adoption due to ...
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| Change of venue | 2/25/2009 |
Q: I moved to another County in Florida, appx 500 miles from my husband. We have a 4 year old child who ...
A: venue is usually granted where the majority of the facts giving rise to the action took place and ...
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| divorce court change of venue | 2/24/2009 |
Q: My son is going through a divorce and the judge in the case is so biased that my son doesn't have a ...
A: unless your son an show evidence of the courts personal bias against him or reason that he would ...
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| modifcation of child support | 2/24/2009 |
Q: I've been divorced for 5yrs, my ex wants to trade support on my son for the ownership of the house, ...
A: you would do so through the entry of an Agreed Order modifying the Final Judgment of Dissolution and ...
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| Custody and property issues after divorce | 2/24/2009 |
Q: I currently live in Fl. but I filed for a divorce in Arkansas and it's a year now that it has been ...
A: The Arkansas court has no jurisdiction over the TN property so any order issued by the Arkansas ...
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| father refuses to give address | 2/23/2009 |
Q: I am a recently divorced mom with an eight year old daughter. My ex-husband has moved twice in the ...
A: if he refuses to provide the address do not let him take the child for the next time sharing and ...
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| Trying to figure out if I can get a divorce dismissed | 2/23/2009 |
Q: I have a very complicated case. I moved to Fl with my husband but left after 5 months and came back ...
A: if the initial action was filed in Florida before your Husband resided here for a period of 6 months ...
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| Child Support | 2/23/2009 |
Q: I recently got divorced in Broward County, Florida (10/08) He failed to pay for the month of Nov. ...
A: if the father has assets from which he can pay the back child support such as a retirement account ...
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| DIvorce/Child Support | 2/23/2009 |
Q: Mr. Bachert, Good evening sir. I have been married for 22 years. My husband had an affair with a ...
A: under Florida Law you have a right to child support for any child 18 years of age or under who has ...
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| Non-custodial parent lives in Middle East | 2/22/2009 |
Q: When my ex and I divorced we agreed that our child would live w/Dad but we would have joint custody. ...
A: no there are no such guidelines. If the final judgment contemplates a time sharing schedule for ...
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| Custody and property issues after divorce | 2/22/2009 |
Q: I currently live in Fl. but I filed for a divorce in Arkansas and it's a year now that it has been ...
A: I'm assuming the rental properties are located in Arkansas. As such you should seek the advise of an ...
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| ssdi child support obligation | 2/22/2009 |
Q: (writing for husband) After 7 long years of fighting for ssdi, finally got it. I was current on my ...
A: pursuant to Florida case law any overage of your child support obligation received directly by the ...
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| Jurisdiction over case | 1/29/2009 |
Q: A couple was divorced in Florida and now both parties live in two separate states. The mother is ...
A: jurisdiction and venue with any action regarding the custody of the children would be vested with ...
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| What should I do | 1/28/2009 |
Q: What should I do? Should I ask for child support trough the US court system, or should I allow ...
A: you generally cannot have a parent's parental rights terminated outside the process of adoption (in ...
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| Liability | 1/28/2009 |
Q: My husband and I have recently separated. I am in Florida and he moved out of state. My question is ...
A: technically in Florida, the parties to a marriage are responsible for the financial decisions of the ...
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| Half-Siblings | 1/26/2009 |
Q: My husband's ex has remarried and she has another child. They are moving to a smaller apartment ...
A: no such law that I am aware of. The action would be fact sensitive and would depend upon the ...
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| Moving out of state | 1/26/2009 |
Q: ..my divorce was final in December of 2008. My ex-husband and I share joint custody with me being ...
A: you will be required to follow the requirements of Fla. Statute 61.13001 with regard to your ...
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| child support | 1/26/2009 |
Q: My boyfriends' ex and the mother of his 9 year old son wants to get $350 each month as a verbal ...
A: first of all you boyfriend should not pay any child support unless it is done by check/money order ...
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| One month old Emily | 1/24/2009 |
Q: I have a one month old baby girl named Emily who's father is an addict, just after her birth he ...
A: if he has an order allowing him to do so then he can. However, if you feel the child's safety would ...
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| objecting relocation | 1/24/2009 |
Q: My ex-girlfriend is leaving for a job offer far out of state with our 6yr old daughter in 3 weeks. ...
A: yes you do. Once the action is filed and she is served Florida's relocation statute will apply. ...
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| Marriage before Sole Custody or Vice Versa? | 1/23/2009 |
Q: I was NEVER married to my daughter's biological but paternity was established and child support has ...
A: If by sole custody you mean sole parental responsibility it would most likely not make a difference ...
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| child abandonemnet | 1/22/2009 |
Q: yesterday my daughter dropped of my 15 year old grand daughter in my driveway and told her she ...
A: “Abandoned” or “abandonment” means a situation in which the parent or legal custodian of a child or, ...
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| child abandonemnet | 1/22/2009 |
Q: yesterday my daughter dropped of my 15 year old grand daughter in my driveway and told her she ...
A: unfortunately your best assistance will come from DCF. As the state is the only entity that has the ...
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| Teens Right to Change custody | 1/22/2009 |
Q: My friend lives with his Dad, who has full custody of him. He can't stand living there anymore. He ...
A: he would need to have his mother file a Petition for Modification of the Final Judgment to change ...
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| Relocation to GA from FL with minor children | 1/20/2009 |
Q: I have moved to GA from FL, I was unaware I had to ask the court to move. So I informed ex of the ...
A: you need to review Fla. Statue 61.13001. The statute sets out all factors to be considered when a ...
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| taxes after divorce | 1/20/2009 |
Q: I am recently divorced and in the papers it says I am responsible for any back taxes owed prior to ...
A: if the final order indicates that you are responsible for the back taxes then you are responsible ...
|
| Children over 21 getting owed child support | 1/19/2009 |
Q: Is there a way for a child over 21 to get back child support from their father? My mother gave up on ...
A: if there has been no attempt to collect the child support owed for a period of 20 years the defense ...
|
| step son | 1/19/2009 |
Q: My husband has a 15 year old son. The boy quit school so his mom sent him him to live with us. I ...
A: not much if the bank account was a joint account you and your husband have eqaul access and can ...
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| child abandonment in florida | 1/18/2009 |
Q: i have custody of my 10 year old daughter, my ex wife hasnt seen,called,or had any kind of contact ...
A: you can not terminate a parents rights to a child except in the case of an adoption or the child ...
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| reasonable visitation? | 1/18/2009 |
Q: I need to know if I can use right of first refusal. I have my divorce papers with me... but I need ...
A: you should be able to tell if there is a right of first refusal by reading the orders. I hope this ...
|
| Moving out of state | 1/17/2009 |
Q: My husband has a 7 year old with a another women, she informed him in a note that she would be ...
A: no it would not be kidnapping. If your Husband's current order does not have language regarding the ...
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| termination of rights | 1/17/2009 |
Q: fathers name not on birth certificate mother remarried and moved out of state have not heard a word ...
A: I'm assuming your asking your question from the perspective of wanting you Husband to adopt the ...
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| grandparents rights | 1/16/2009 |
Q: OK I had a baby girl out of wed-lock in the state of florida, the mother and I did not work out. ...
A: your Mother has no rights to visitation with the child only you and you can have those rights ...
|
| Child Support, Emancipation, Filing Procedures | 1/15/2009 |
Q: Husbands ex-wife has filed petition to modify support (they have joint custody). Two kids (16 and ...
A: I don't know if his obligations regarding child support have been satisfied, by your question and ...
|
| Dad leaves child and support behind | 1/15/2009 |
Q: I have been divorced 10 years and both of our children lived with me up until 3 years ago when our ...
A: you should file a Petition for Modification for the change is custody as well as a an Motion for ...
|
| General Magistrate involvement post Divorce | 1/14/2009 |
Q: In FL, divorce was finalized & Order issued 07/08. Since then, ex has written dozens of letters to ...
A: I do not know what warrants the magistrates involvement as I do not know the issues your ex is ...
|
| Opting out of relocation statute | 1/13/2009 |
Q: My husband and I are currently in the process of a divorce in Florida. I live in Georgia, but have ...
A: It is the absent good cause language as well as the rest of the language that follows in that ...
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| notice of intent to relocate | 1/13/2009 |
Q: I live in FL and am the non custodial parent. The custodial parent is planning to move out of state ...
A: if there is an existing order regarding custody and timesharing then you should file a Motion ...
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| child support | 1/13/2009 |
Q: My friend and his wife have not yet filed for divorce, though they have been separated for two ...
A: if there is no order for support or custody/time sharing in effect then neither party could be held ...
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| RELOCATION | 1/12/2009 |
Q: I am freaking out about my situation,I came to Florida 3 years ago with my son, last year I lost my ...
A: if you were married at the the time of the birth of the child there is a possibility that the child ...
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| A friends problem | 1/10/2009 |
Q: Someone I work with was in a abusive marriage. She has left and is filing for divorce. They have ...
A: no there is no law preventing such living arrangements. However, some courts may not look favorably ...
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| divorce | 1/10/2009 |
Q: I live in Florida and have been married for five years, the whole while me and my husband would ...
A: the answer to your question depends largely upon the disparity between your and your Husband's ...
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| What to do following the filing of a Notice of Intent to Relocate with a Child, State of Florida | 1/10/2009 |
Q: Dan, My question relates to the procedure following the filing of a Notice of Intent to Relocate ...
A: as stated "The order may issue in an expedited manner without the necessity of an evidentiary ...
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| changing kids names | 1/9/2009 |
Q: My husband and I are in the divore process. Our first daughter was born years before we were married ...
A: you are correct and there is case law, not statutory law, that addresses this issue. Consult with an ...
|
| paternity | 1/8/2009 |
Q: I recieved a summons stating that a women was trying to determine who the father of her child was ...
A: If you are the Father then you will have parental rights regardless of whether or not you pay child ...
|
| paternity lawsuit | 1/8/2009 |
Q: I have been summons to a hearing in Tavares Fl to determine whether or not I am responsible for a ...
A: the court can order the paternity test and if you refuse the court can receive additional evidence ...
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| Contempt? | 1/8/2009 |
Q: I have joint custody with my ex-wife of my 8 year old daughter. We are divorced 4 years. Recently my ...
A: That would depend upon the particular court, the maturity of the child, the length of time the child ...
|
| Having a Baby | 1/7/2009 |
Q: A girl I use to date is having a baby. She told me she was on Birth Control and that everything ...
A: no you have no legal right as to the birth of the child. Only a legal obligation to provide support ...
|
| Contempt? | 1/7/2009 |
Q: I have joint custody with my ex-wife of my 8 year old daughter. We are divorced 4 years. Recently my ...
A: it would seem that filing the Motion for Contempt is the only option the Mother has left you with. ...
|
| Abandonment? | 1/6/2009 |
Q: I have been residing with my in-laws' in their rented home for over two months with my wife and her ...
A: I would advise that if you can remain in the home until such time as the child is born then do so. ...
|
| Relocation | 12/16/2008 |
Q: First, please allow me to explain our situation. My ex and I were never married and had one child ...
A: if your order for child support was entered before October 1, 2006, and it does not define custody, ...
|
| Grandparent custody | 12/16/2008 |
Q: I typed up a custody agreement that everyone signed and agreed too. This grants me custody of my 1 ...
A: without seeing the actual document I would have no idea whether or not it meets the requirements for ...
|
| Relocation with my son while his father serves time in prison | 12/14/2008 |
Q: I have a 9 1/2 year old son whose father has been in prison (this last time) for 5 years and still ...
A: regardless of the father's current situation you will be required to prove that the relocation is in ...
|
| What adive would you give this women | 12/13/2008 |
Q: The father of my unborn baby says that the only way I can avoid family court and avoid a nasty child ...
A: A. Is simply not true, there is a recalculation of child support. Not an elimination of it. B. ...
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| Termination of Parental Rights Pending Step Parent Adoption | 12/12/2008 |
Q: My son is 8 years old. I have custody of him and a court order for child support. His father has ...
A: its sounds as if you have a good action for abandonment that would allow the court to waive the ...
|
| cost of attorneys | 12/12/2008 |
Q: my wife has a child and lives in florida, i live in maryland and that is where we will be living. ...
A: contact your attorney and explain your situation. However, be aware that we, that being attorneys, ...
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| family law | 12/10/2008 |
Q: a week later she tells me that shes pregnant. we do not have a good relationship together and we ...
A: initially if the mother wishes to terminate the pregnancy there is nothing you can do to prevent ...
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| Joint custody | 12/10/2008 |
Q: I have 2 kids ages 13 and 10, that i pay child support for. I have not seen them for over a year now ...
A: before attempting to change the current custody arrangement you need to be filing motions to compel ...
|
| Abandoment | 12/9/2008 |
Q: I am trying to find out if I can get my sons father for abandonment. He was suppose to be paying ...
A: my advice would be to hire a private attorney to investigate the father's income and assets so that ...
|
| What adive would you give this women | 12/9/2008 |
Q: What would you do as a mother if the father tell you that if you don’t give him 50/50 custody of new ...
A: much of your question depends upon whether or not the country the father is threatening to flee to ...
|
| disolution | 12/4/2008 |
Q: Am I divorced after the hearing or after the final judgement is entered in Florida?
A: If a Final Judgment of Dissolution of Marriage was entered by the Court then your are divorced. I ...
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| Parental rights and child support | 12/3/2008 |
Q: I have a question about child support. I'm an unmarried father of a newborn. We're in the early ...
A: yes you can contest the choice of daycare provider. I hope this information was helpful to you. ...
|
| Mother moved away | 12/3/2008 |
Q: I had shared responsibility with my ex.We live in Florida. I had our child one week the she had him ...
A: If you are represented, all contact with the court should be through your attorney, that is one of ...
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| Custody | 12/2/2008 |
Q: I have child with my unmarried girl. My girl refused to keep our child in the house we both bought ...
A: yes but she would have to prove that it would be in the best interest of the child. I hope this ...
|
| any rights | 12/2/2008 |
Q: My brother and his wife seperated in 2006, she moved out of state wth their daughter. My brother has ...
A: Unless there is a court order in effect to the contrary, your brother has every right to the ...
|
| Relocation Notice | 12/1/2008 |
Q: Last month I served my ex with a Notice of Intent to Relocate. I followed the statute and made sure ...
A: If the other parent and any other person entitled to visitation with the child fails to timely file ...
|
| Primary Custody Change | 12/1/2008 |
Q: What process should be taken when child has requested to move with other parent? Approximately does ...
A: if the changer in custody is agreed to by the parties then an Agreed Order Modifying the Final ...
|
| Negative Rental Income in Florida | 11/30/2008 |
Q: I own a condo that I am currently renting out. The condo has 2 mortgages on it. 1. The 1st ...
A: interesting interpretation but unfortunately your attempted reduction of the loss from your ...
|
| Moving out of state | 11/24/2008 |
Q: I want to move out of state,but I want to know if I can leave legally. I have a court order that ...
A: assuming this is a Florida case you will be required to comply with Florida's relocation statute and ...
|
| twins last names | 11/24/2008 |
Q: My daughter is married and has been separated (not legally) for several years. She is with a new ...
A: only if your daughter's current husband agrees to it. Otherwise the last name shall be hyphenated ...
|
| FIND CHILD | 11/23/2008 |
Q: My ex wife took my son and moved to the Seattle area (I think). I pay child support through the ...
A: I cannot comment upon any assistance you might be able to obtain from Washington or Oregon as I am ...
|
| Death of Unmarried Father - What rights of mother and child? | 11/23/2008 |
Q: I have a friend whose recently separated boy-friend passed away due to an accident at work. They ...
A: any child of the deceased will have a claim upon the estate and the probate court in the county ...
|
| legal guardianship | 11/22/2008 |
Q: I have an unusual case. I am a grandparent that has legal guardianship over my two grandchildren ...
A: the answer to your question depends upon the type of guardianship you have over the child and how ...
|
| Custody for children born out of wedlock. | 11/21/2008 |
Q: I have lived in GA for three years now and my ex lives in FL. I have three children that were born ...
A: if there was no existing order of time sharing/custody that was in effect at the time you relocated ...
|
| Rights to the home | 11/21/2008 |
Q: A couple gets married and the husband moves into the house that the wife owns (only her name appears ...
A: if the home was paid in full prior to the marriage and there were no significant improvements made ...
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| child support | 11/20/2008 |
Q: My child has dropped out of school, received a GED at age 17 and is currently working receiving a ...
A: maybe and maybe not it depends upon the language of the support order and whether or not the child ...
|
| Father wants to gain primary custody of daughter | 11/19/2008 |
Q: Background: I am on active duty in the US Air Force with a planned separation date of 14 August ...
A: initially be aware that your former Wife is only required to comply with the time sharing schedule ...
|
| counseling records and confidentiality | 11/19/2008 |
Q: My divorce was very unfriendly We have 3 children (two adults and one teen). Our teenage daughter ...
A: you will generally have the right to review the report once it is issued, however, you may not have ...
|
| Step Parent Rights | 11/19/2008 |
Q: How may I obtain a copy of the actual law which details a step parents rights/or lack of towards ...
A: step-parents have no rights as to the children of their spouse beyond what the spouse and the other ...
|
| Contempt of Child Custody Order | 11/18/2008 |
Q: My ex husband and I have joint legal custody and I have my daughter 80% of the time with her going ...
A: the Court will most likely find him in contempt and order make up time sharing for any time you have ...
|
| full custody | 11/18/2008 |
Q: My ex husband and I share custody of our two children. "reasonable visitation" is what is written ...
A: my suggestion would be to advise him what the schedule should be and if that is not acceptable to ...
|
| Mediation | 11/18/2008 |
Q: When going to mediation in divorce, after the parties agree on something during the mediation, are ...
A: the only way to avoid such an occurrence is to draft the agreement, if one is reached, at the time ...
|
| Married parents rights | 11/18/2008 |
Q: My daughter is married to a controlling husband and they have a 1 year old son. My daughter also ...
A: your daughter can go anywhere anytime she wishes with the children unless and until there is a order ...
|
| Withdrawl and refiling divorce petition. | 11/13/2008 |
Q: I filed for divorce after my husband beat me 2 weeks after surgery for cancer. During the mediation ...
A: if you have legal residency in TN then you could dismiss the FL case and refile in TN. Just confirm ...
|
| couple questions re child support... | 11/12/2008 |
Q: getting divorced after I realized the extent of my ex's depression ,internet porn addiction , ...
A: Sorry about that, child support can be awarded up to 24 moths prior to the initial filing date of ...
|
| Modification timing | 11/12/2008 |
Q: I began a modification request in July of 2008. On Aug 29th it was finally referred to the CSE ...
A: you are proceeding with a system (CSE) that has a heavy case burden and little resources or emphasis ...
|
| couple questions re child support... | 11/12/2008 |
Q: getting divorced after I realized the extent of my ex's depression ,internet porn addiction , ...
A: first and foremost go to the courthouse and record that quit claim deed after that the house will be ...
|
| Abandonment | 11/12/2008 |
Q: Does my daughters biological father fall under abandonment and can I adopt? My daughter is now 2 yrs ...
A: you may be able to show abandonment if the father has not had contact, has not sought contact and ...
|
| Child Support | 11/12/2008 |
Q: My husband has a child support order from NY, we live in Florida, the child and the child's mother ...
A: it is possible to modify the order here if the case has been domesticated to Florida but the Court ...
|
| termination of adoption of an adult child | 11/11/2008 |
Q: My husband adopted his 1st wife's child. The wife has been in and out of prison over the past 21 ...
A: you can do so through properly drafted wills and/or trust documents. I hope this information was ...
|
| Child Support | 11/11/2008 |
Q: I was divorced last June 07 and my divorce decree states that child support will be paid until my ...
A: in Florida child support continues until the child attains 18 years of age and graduates from high ...
|
| Can my husband adopt my daughter from a previous relationship? | 11/10/2008 |
Q: I have a 2 yr old daughter from a previous relationship. We were never married but lived in ...
A: I am assuming you have been living in Florida with your daughter for more than six months. If so ...
|
| Naming a child while getting divorced | 11/10/2008 |
Q: I already asked this question to another of the experts, but the answer i got i felt didn't answer ...
A: it could be either. The name that is placed upon the birth certificate will be the legal name of the ...
|
| husbands debt | 11/10/2008 |
Q: My husband has made several business agreements without my knowledge, which I just recently found ...
A: generally business debts are incurred under the name of the business corporation and thus no ...
|
| NAME CHANGE OF A MINOR | 11/7/2008 |
Q: I have been never been legally married to my sons father,my son is almost four now,since the birth ...
A: yes the name change is possible but if the child carries the surname of the father on the birth ...
|
| Unwed father's rights to be notified of an adoption | 11/7/2008 |
Q: My name is Christine. My husband & I are in the process of adopting his cousin's baby but the father ...
A: Yes he has parental rights, he must be notified of the proceedings and he must provide consent or ...
|
| disposable income | 11/6/2008 |
Q: Is an employer suppose to add the tips paid by a credit card to the employee's disposable income to ...
A: yes the employer should be including tips in the income and making that deduction. I hope this ...
|
| When does a child have the right to refuse to see a parent? | 11/6/2008 |
Q: My son is 11 years old, his father has been in and out of his life since he was 1 - after we ...
A: you have two options 1) file a Petition for Modification of time sharing that provides for limited ...
|
| Parental rights | 11/5/2008 |
Q: I'm an unmarried father and I want to protect my rights to see my child and help raise her. The ...
A: you need to file a Petition for Paternity and Related Relief and have a time sharing schedule ...
|
| Step Parent Rights | 11/4/2008 |
Q: My ex husband is remarried and his wife is asserting herself into my children's education. Does she ...
A: If you advise the school that she is not to have contact with the children or their activities at ...
|
| Enforcing child custody | 11/4/2008 |
Q: My husband and I legally divorced about four years ago. We filed out of court ourselves. In the ...
A: your only option is to file a Motion for Contempt together with a Motion for Modification of Final ...
|
| health insurance | 11/3/2008 |
Q: there is a court order in place requiring my doughters father to provide her with health insurance ...
A: if he still qualifies for the Healthy Kids Plan and that plan represents a costs savings for all ...
|
| visitation | 11/3/2008 |
Q: how do you get a visitation order recinded? i do not have an attorney all court visits have been me ...
A: If you are doing this yourself then the only thing you can do is explain to the court the issues ...
|
| non-biological parents rights | 11/2/2008 |
Q: My husband and I have been married for ten years. We are currently seperated. He says because I ...
A: a child born during an intact marriage in Florida is considered a legal child of the married couple. ...
|
| visitation | 11/2/2008 |
Q: how do you get a visitation order recinded? i do not have an attorney all court visits have been me ...
A: file an action for Modification of the Final Judgment. I hope this information was helpful to you. ...
|
| Custody orders | 11/1/2008 |
Q: I moved out of state 5 years ago, agreeing to let our son stay with his father until I got settled. ...
A: the order does not expire but the father would probably be able to maintain an action to modify it ...
|
| contempt after relocation | 11/1/2008 |
Q: my step grandson recently had to relocate to Wyoming. the parents went through mediation and both ...
A: sounds like a action for contempt could be maintained but I would need more details. I hope this ...
|
| step parent adoption | 11/1/2008 |
Q: i would like to know, my two boys birth father wrote out a paper back in 2003 signing his rights ...
A: it never was a document with any legal effect unless the father was advised of his rights as ...
|
| Help Please | 10/31/2008 |
Q: I was divorced in Fl. in 1991. The mother of my children and children remain living in the state of ...
A: be advised that the court generally cannot provide for a retroactive reduction in child support the ...
|
| husband taking me back to court | 10/30/2008 |
Q: in the final divorce decree it was agreed that he would make the mortgage payment until my daughter ...
A: the answer to your question depends entirely upon the exact language of the settlement agreement. It ...
|
| Moving out of state with children | 10/30/2008 |
Q: I have primary custody of our children and are in the process of a divorce. We are settling the ...
A: yes the father can object to the relocation and you will be required to provide notice of the ...
|
| abandonment | 10/30/2008 |
Q: My daughter had a child out of wedlock, they were engaged and living together but had a rocky ...
A: you daughter may petition the court for a legal name change for the child or her husband could seek ...
|
| child support | 10/29/2008 |
Q: My seperated wife and I have a pre-arranged seperation agreement that she signed and had notarized ...
A: unable to comment without knowing all the facts of the case. However, if the child support as agreed ...
|
| Child Abandoment | 10/29/2008 |
Q: My daughter has not seen or heard from her father since Dec 2006. Is there a way that i can file ...
A: assuming this is a Florida case the Court cannot terminate someones parental rights except through ...
|
| Ex living w/boyfriend around 8 year old daughter... | 10/28/2008 |
Q: My ex has been co-habitating with her boyfriend for roughly the last year... that only mildly ...
A: I am not familiar with Florida's gun laws, but if the law has a minimum age requirement for shooting ...
|
| responsible for spouse's debts? | 10/28/2008 |
Q: I am separated from husband but still legally married. If he should pass away will I be responsible ...
A: Florida does not have nor recognize separations in marriages. Any debt incurred by either of you ...
|
| Property Abandonment Laws | 10/27/2008 |
Q: My husband left our home to live with someone else. We are not divorced. I changed the locks and he ...
A: no you are not wrong. However, if your husband is on the deed of the house you will not be able to ...
|
| Custody | 10/27/2008 |
Q: My ex and after about a year back in forth in court finally settled through mediation for myself to ...
A: you will need to file a Supplemental Petition for Modification of the Final Judgment based upon the ...
|
| Divorce | 10/27/2008 |
Q: My husband left my daughter and I in August and moved to Ketucky to be with his ex-wife and her ...
A: if he is working now contact the Department of Revenue and request assistance with obtaining child ...
|
| Post Divorce Settlement Contemp/Enforcement | 10/26/2008 |
Q: Ex refuses to follow settlement, ie; reimbursment of expenses, etc. I intend to file a suit to ...
A: file a motion for a protective order with the court and have his attorney explain to the court why ...
|
| Child custody | 10/26/2008 |
Q: My son right now has temporary custody of his 2 children. One child is his biologial child the other ...
A: if the child was born during a time when the marriage was intact then the child is presumed a legal ...
|
| Ex Trying to put me in jail | 10/26/2008 |
Q: In Brief, I lost my job and currently trying to become a civil servant, my ex-wife accrued some ...
A: for you to be subject to criminal contempt and incarcerated for non-payment of child support it must ...
|
| Child support | 10/24/2008 |
Q: My ex husband is taking me back to court because his child support got raised. This made him mad.He ...
A: if there is an order that states that you are not to allow your boyfriend to stay the night at your ...
|
| evidence of reasonable fees, tiem and rate | 10/24/2008 |
Q: Is there a rule requiring live testimony to authenticate billing/payment records and retainer ...
A: not in Florida. The attorney usually files an affidavit of fees and costs. However, some attorneys ...
|
| Does the court need to know if I moved? | 10/24/2008 |
Q: I am in the middle of my divorce right now and my ex is out of state. I've started dating someone ...
A: No, you have to provide notice in writing and provide a copy of the notice to the opposing party or ...
|
| child support case | 10/24/2008 |
Q: My ex husband is attempting to use emails as evidence against me in a child support arrearage court ...
A: Yes e-mails can be used as evidence. The emails may be authenticated by a few different means. ...
|
| Trying to dismiss modification of child support | 10/23/2008 |
Q: I would like to get my case dismissed, my ex-wife is suing for more money which I am clearly not ...
A: no you will not be able to get her action dismissed but you may be able to defeat it based upon the ...
|
| Child Custody | 10/23/2008 |
Q: I am recently divorced (August, 2008) with primary custody of my 5 year old daughter. My ex-husband ...
A: anyone who is a party to the action filed can file any action they would like in any court of the ...
|
| child support case | 10/23/2008 |
Q: My ex husband is attempting to use emails as evidence against me in a child support arrearage court ...
A: yes they are admissible if he can prove that the emails are true copies of the actual e-mails sent. ...
|
| Does the court need to know if I moved? | 10/22/2008 |
Q: I am in the middle of my divorce right now and my ex is out of state. I've started dating someone ...
A: yes you need to file a change of address, if you are representing yourself, so the court and the ...
|
| Stipulation | 10/22/2008 |
Q: is a stipulation to a divorce written in the actual divorce papers. I do not have any copy of a ...
A: the stipulation or Marital Settlement Agreement is usually incorporated into the Final Judgment but ...
|
| Florida/palm beach count. child abandonment law | 10/20/2008 |
Q: 1st, thanks for your time in reading this. ok, I was involved in a very turbulent on/off ...
A: If you are concerned about the Mother keeping you from the child if if fact he or she is your ...
|
| who gets the child custody if mother remarried and child is minor | 10/17/2008 |
Q: I have just given divorce to my wife and we have a 2 year old kid.. Can you tell me who gets the ...
A: the remarried would have no effect on the order in and of itself. If you feel the remarriage will ...
|
| Inforcement of visitation rights | 10/17/2008 |
Q: My ex-spouse is refusing to allow my court approved visitation for this Christmas. I cannot afford ...
A: if jurisdiction of the case is still in Florida go see the self help family center at you local ...
|
| step parent adoption | 10/16/2008 |
Q: I have two sons 14 and 13 from my first marriage which ended in 1996(messy) I have been with my ...
A: based upon what you have stated it would be my opinion that a case of abandonment could be made ...
|
| primary residence | 10/15/2008 |
Q: What are the rights of a 15 year old who wants to change primary residence?
A: In Florida a minor child has no right upon which he or she can rely to present his or her opinion ...
|
| How do I deal with a M.I.A father | 10/15/2008 |
Q: I have a 2 year old and his father went M.I.A after he was served with child support paperwork. when ...
A: you can file for sole custody without time sharing at any time. With regard to terminating the ...
|
| pursuing joint custody | 10/15/2008 |
Q: I am a divorced father of 2 girls ages 12 and 9. Five years ago I got divorced and at that time I ...
A: if she is not following the requirements of the final judgment file a motion for contempt and ...
|
| takeing my child on holiday | 10/14/2008 |
Q: i am going on holiday to spain but as i am at work my child she is 2 is leaveing wiv my mum her ...
A: if there is no court order preventing the child from traveling out of the country the father would ...
|
| Relocation after written consent | 10/6/2008 |
Q: I gave written consent to my ex in 2002 to relocate to GA. and a verbal to MS with the understanding ...
A: Florida's relocation statute applies to: 1. To orders entered before October 1, 2006, if the ...
|
| Step Parent Adoption | 10/6/2008 |
Q: I have been with my step son since he was on, he is now 10. His biological father was not presnet ...
A: the answer to your question is 18 and graduates from high school or is otherwise emaciated for ...
|
| Divorce not final but home has sold | 10/5/2008 |
Q: I have a friend in Florida that is getting a divorce. They have sold their home. Husband has lost ...
A: there are not enough facts provided to answer your question. An award of permanent periodic alimony ...
|
| "Notice of Intent to Relocate" (when you don't have 30 days)?? | 10/4/2008 |
Q: I am living in Fl. and need to relocate back to NY due to the fact that I am sinking financially. I ...
A: you can seek and file for a Temporary Order Permitting Relocation. If the Court finds based upon the ...
|
| Can ex-wife move out of Florida with children? | 10/2/2008 |
Q: We have shared custody of our two girls ages 12 and 10. They live with me 50% of the time. I am ...
A: there simply is not enough information provided to answer your question intelligently. If the facts ...
|
| divorce | 10/1/2008 |
Q: My wife whanted out of our marage we ben to gether for 22 years. what is she intiteld to,nhow much ...
A: generally each party is entitled to 1/2 of all marital assets and required to accept 1/2 of all ...
|
| residency in divorce proceedings | 10/1/2008 |
Q: Can a judge order me to live within a certain mile radius of my children, if it is their wishes? My ...
A: can't really speak as to Wisconsin or OK jurisdictions but here in Florida such an order would be ...
|
| dismiss order to change venue | 10/1/2008 |
Q: easy answer: if you are pro per and were not aware a change of venue involved hundreds of dollars ...
A: you would need to file a Request for Rehearing. I hope this information was helpful to you. This ...
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| Separated in Florida, primary custody for 2 years, relocating out of state? | 9/30/2008 |
Q: Married since 1999 to the father of two of my three children, separated and living apart for 2 ...
A: you can relocate with a written agreement executed between you and you Husband. I would recommend ...
|
| Amended Divorce | 9/18/2008 |
Q: Dan, I was divorced in Palm Beach County in November of 1995. It was not a nasty divorce, we ...
A: The first thing I would suggest is that you file a motion for contempt for the non-payment of the ...
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| marital assests | 9/18/2008 |
Q: My mom inhertited a lake cottage from her parents in the late 70's early 80's. She divicorced 15 ...
A: that would generally be true unless the property was substantially improved during the marriage ...
|
| Property owned before marriage | 9/18/2008 |
Q: I owned 5 acres of land with a mobile home on it. I have been sick and I want a way that if ...
A: in that case the property should be placed in a trust under the minor name and you may need to fund ...
|
| Fathers rights in Florida. | 9/18/2008 |
Q: I am on the birth certificate. I was on it since day one(not added later), and she acknowledged ...
A: you need to file a Petition for the Determination of Paternity and Custody. Through that action ...
|
| Child abandonment | 9/17/2008 |
Q: Would it be difficult for a father, to get full custody of his child/baby, when she was legally ...
A: it should not be difficult for the biological father to get custody of his child if he or she was ...
|
| Property owned before marriage | 9/17/2008 |
Q: I owned 5 acres of land with a mobile home on it. I have been sick and I want a way that if ...
A: there is no legal separation in Florida. A will could direct the property to your children, but you ...
|
| Maternal Custody Rights | 9/17/2008 |
Q: My son's father and I were never married but after he admitted to a counselor he had a drinking ...
A: if the father can show that it would be in the best interest of the child to live with him more than ...
|
| Moving in with bf before divoce is final | 9/16/2008 |
Q: Can this cause the court to not give me full custody.
A: when you say full custody I will assume you actually mean primamry residential custody and no, ...
|
| Alimony Reduction | 9/16/2008 |
Q: My husband is paying $2000 a month alimony to his ex-wife of 32 years. He is an Optometrist, he's 65 ...
A: alimony in Florida is based upon the obligor's ability to pay and the obligee's need for the ...
|
| CHILD SUPPORT | 9/14/2008 |
Q: MY SITUATION IS: MY HUSBAND HAS A CHILD FROM A PREVIOUS MARRIAGE.(NOW 18)WELL WHEN SON WAS 15 ...
A: it sounds like there needs to be a motion filed to adjust the child support ledger and remove what ...
|
| Divorce decree non-compliance | 9/12/2008 |
Q: Mr. Bachert, My divorce was final this past Monday. The divorce decree states, that both of us ...
A: if he want's you to refinance the property into your name then make sure he provides you with a quit ...
|
| Minor child relocation-out of state | 9/12/2008 |
Q: I have read several of your Q&A's and I am very impressed with your responses. My ex-wife filed a ...
A: if you are doing this on your own. File you objection and file a motion for the payment of you ...
|
| relocate w/ child | 9/11/2008 |
Q: I was divorced in Florida 2004. We had 1 child. When we divorced my ex husband agreed in writing ...
A: initially it is unclear whether or not the relocation statute applies to your case. The provisions ...
|
| FL temporary order | 9/11/2008 |
Q: I am in the process of a divorce and my temporary court papers state we are not allowed to take our ...
A: if the standing temporary order states that the child is not to be taken beyond 50 miles then to do ...
|
| Moving out of state | 9/10/2008 |
Q: I have a 5yr old son with my ex-boyfriend. We have court ordered child support and have established ...
A: a) The provisions of Florida's relocation statue applies: 1. To orders entered before October 1, ...
|
| Never list father. | 9/10/2008 |
Q: Lawyer says, never list the father if child, is born outside marriage, and make sure he does not ...
A: no I would not provide this advice to a pregnant mother. Initially, the fact that the Mother is ...
|
| Relocation | 9/10/2008 |
Q: I and my ex-husband reside in the State of Florida. My job market in Advertising sales is failing ...
A: your question is very difficult to answer without knowing what the other side is going to be ...
|
| Drop off and pick up | 9/8/2008 |
Q: My ex-wife lives in Vero Beach and I live and work in Jupiter. My wife refuses to drive either way ...
A: there is no custom so to speak the language of the Order controls and your Order is silent as to the ...
|
| my ex-wife is wanting to move out of state. how do i stop her? | 9/8/2008 |
Q: Recently, my ex has filed to move out of Florida back to South Carolina where we are both from. ...
A: do a request to produce for her bills, her banking records, credit card records and so on. If you ...
|
| Unemployment vs Child Support | 9/8/2008 |
Q: I hate to title the subject as such, but due to the mockingly hateful attitude I've continually ...
A: to get the hold on the license removed at any term less than what the Department of Revenue is ...
|
| Grandparents rights | 9/6/2008 |
Q: My wife and i need to know if we have any rights ? Our daughter has two children , she lives in our ...
A: you may be able to obtain custody of the children if you turn your daughter in but the father's will ...
|
| RELOCATION | 9/4/2008 |
Q: I married my husband in NY in 2000 and moved to Miami with him that same year because of the weather ...
A: from what you have written it would appear that the relocation may be in the best interest of your ...
|
| Intent to Relocate | 9/4/2008 |
Q: Bachert, my sister is currently living in FL and trying to relocate to Houston, TX where I live. ...
A: there is simply not enough information in your question to intelligently answer you question. Be ...
|
| Child custody | 9/3/2008 |
Q: My husband has a child in FL. The baby was born out of wed-lock. He is on the birth certificate but ...
A: J., your Husband and the mother of the child can make any agreement they wish. However, the ...
|
| Step parent adoption | 9/3/2008 |
Q: My boyfriend and I have been together for 2 1/2 years we are not married and don't have any plans to ...
A: it is possible for your boyfriend to adopt your daughter. However, because you are not married the ...
|
| trying to move out of state with my child | 9/3/2008 |
Q: i have an almost 4 yr old daughter. her father and i have never been married and have not been ...
A: if the mediation agreement has been signed by you then it will be enforceable against you regardless ...
|
| relocating | 9/1/2008 |
Q: My husband and I have been married for eight years and have three kids. He has been having mental ...
A: the answer to your question would depend upon all the facts of your particular case. The short ...
|
| Ex wife and boyfriend showering with my 7 yr old! | 9/1/2008 |
Q: My fiance and I have found out from my 7 year old son that he has been showering regularly with his ...
A: legally you have no other option but to one report the expected abuse to child protective services ...
|
| Husbands Ex Wife is HATEFUL | 8/30/2008 |
Q: I am not sure what my next step in my situation is. I am hoping you coul shed some light on this ...
A: As I am only an attorney I feel I am only qualified to answer questions 3 and 4 as posed. The ...
|
| changing a minors name | 8/29/2008 |
Q: i need to know how to change my son's last name to mine. His father has been in prison for the past ...
A: to accomplish that you need to file a Petition with the Court for a Name Change. Go to your nearest ...
|
| withdrawing petition | 8/29/2008 |
Q: I want to withdraw my petition for divorce and start again with different grounds, can this be done? ...
A: you can amend your petition any time before an answer is served or filed. I hope this information ...
|
| Supervised Visits | 8/28/2008 |
Q: I am 20 years old and have a 5 month old baby girl. The father, who is also 20 years old, has ...
A: Yes the additional information you provided does make a difference. That information indicates he is ...
|
| Can my daughter's mother move out of state with our daughter without my consent? | 8/28/2008 |
Q: My ex and I were never married. My daughter stays with her mom most of the time and she stays with ...
A: yes she can move if there is no order establishing time sharing. You would be well advised to ...
|
| Supervised Visits | 8/28/2008 |
Q: I am 20 years old and have a 5 month old baby girl. The father, who is also 20 years old, has ...
A: if you want to have the court order supervised time sharing then you will have to prove to the court ...
|
| Is this correct? | 8/27/2008 |
Q: Here are some of my “international family lawyer’s best tips” for clients who are about to move ...
A: No, I would disagree with many of the scenarios listed there. Much of what is listed can and has ...
|
| Family law | 8/27/2008 |
Q: It's a long one: My ex filed paternity, child support, and primary res. care papers one year ago- I ...
A: to obtain any change what so ever you will be required to initially show that there has been a ...
|
| Discovery in Modification | 8/27/2008 |
Q: My husbands income has reduced by 1/3 so we had to file a modification for downward child support. ...
A: Sorry I can not recall the statutory privacy provision at this moment, have your attorney research ...
|
| Is this correct? | 8/26/2008 |
Q: Here are some of my “international family lawyer’s best tips” for clients who are about to move ...
A: this all appears like logical advise to me. Each country and state for that matter has its own ...
|
| Relocation of Minor children | 8/26/2008 |
Q: statue 61.13001 In my divorce settlement I agreed to allow my ex to relocate out of state, to ...
A: regardless of the language of your agreement your former wife's relocation is still subject to ...
|
| Changing Child Visitation Schedule/Moving | 8/26/2008 |
Q: I currently live in the Central Florida area about 5 miles away from my children's father and I am ...
A: if your final judgment was entered on or after October 1, 2006 you will be subject to Florida's ...
|
| Mental Illness and Custody (Florida) | 8/25/2008 |
Q: I have Primary custody of my 10yr old. Ex wife was diagnosed with Werneke Korsakoff Syndrome ...
A: if you believe that unsupervised timesharing with the mother would be dangerous to the child then do ...
|
| Will the baby's father has the rights? | 8/25/2008 |
Q: Can you please help? My boyfriend decided to break up with me after I told him that pregnant. He ...
A: yes the father can attempt to gain custody of the child and he may be able to do so if he can prove ...
|
| Marital Liability and Obligation | 8/25/2008 |
Q: My husband walked out on me and our 6 year old daughter, leaving me with astronomical debt, ...
A: generally you Husband's obligation is equal to one half the marital debts and he would be entitled ...
|
| Sons rights | 8/25/2008 |
Q: My 17 year old son (18 in 6 months) wants so badly to come and live with me in Fl. Jurisdiction is ...
A: your sons wishes in and of themselves would not likely result in a change of custody. you first must ...
|
| Discovery in Modification | 8/24/2008 |
Q: My husbands income has reduced by 1/3 so we had to file a modification for downward child support. ...
A: she is entilted to the discovery she has requested. However you are also entitled to your privacy. ...
|
| motion for contempt and for enforcement | 8/24/2008 |
Q: I was served papers for above subject.My final judgement states "non-insurance covered ...
A: if the Final Judgment is silent as to when reimbursement is to be made and there is no evidence of ...
|
| Child Support | 8/23/2008 |
Q: My wife and I have been divorced since 1998. I admit I have not paid my child support in the past ...
A: yes Florida can modify the child support amount from the date the request for the modification is ...
|
| child support /custody | 8/23/2008 |
Q: Me and my ex have been splitting time with our child week on week off..50/50 Since june 2008..She ...
A: the fact that you ex lost her employment due to a felony conviction would more likely than not be ...
|
| 17 yr old wants to CHOOSE to come for visitation | 8/22/2008 |
Q: We moved out of state last summer and switched custody to my sons father as my son who was and is ...
A: it sounds to me like you allow your son to run the show. If he is not cooperative and respectful ...
|
| Court Order in Place | 8/21/2008 |
Q: There is a court order in which has been in place for over 3 years and the order states that the my ...
A: if the order is worded as you have indicated then he is not entitled to overnight timesharing until ...
|
| Parenting time | 8/6/2008 |
Q: My husband and I have been fighting for the last two years to keep my step-children safe. Their ...
A: I also do not understand the logic behind that situation and it sounds as if the court needs to be ...
|
| Remarrying while still paying child support | 8/6/2008 |
Q: I am in a relationship with a man that has a 13-year old son. If he and I were to get married, would ...
A: not likely. The only time your income would be relevant is if he stopped working or took a lower ...
|
| Child support modification | 8/6/2008 |
Q: I have been divorced since April 2004. I have since remarried and I am now a stay-at-home mom. I ...
A: it is doubtful that the Court would or could deny a modification of child support based upon your ...
|
| Military Relocation Overseas | 8/5/2008 |
Q: Ex is wanting to relocate children overseas with herself and new husband. Divorce took place in ...
A: The provisions of the relocation statute apply: 1. To orders entered before October 1, 2006, if the ...
|
| child support issues | 8/5/2008 |
Q: the father of my child who is now 22 years old has never paid child support is that history or can i ...
A: if you have periodically attempted to collect the child support owed and can prove those attempts ...
|
| custody mediation agreement | 8/5/2008 |
Q: I guess I have a few questions but my main question is, My ex-wife and I have had an agreement ...
A: if you agreed to pay the back child support and have the ability to pay it from a legal standpoint ...
|
| step-parent adoption | 8/5/2008 |
Q: Does Florida law require you to be married a certain amount of time before applying for the ...
A: the statute addresses the amount of time the stepparent and child have resided together, although ...
|
| Time sharing | 8/4/2008 |
Q: I currently am supposed to have 9 days time shring with my son per month (3 years old) and his ...
A: Please be advised that you have Joint Parental Responsibility not Joint Custody. The only thing you ...
|
| CILD SUPPORT | 8/4/2008 |
Q: MY EX HUSBAND LOST HIS JOB IN JUNE BUT GOT ANOTHER ONE A WEEK LATER HE HAS NOT RESUMED PAYING HIS ...
A: it sounds like you have do the right things so far. Be aware that DOR represents thousand's of ...
|
| wife refusing to return to florida with son | 8/4/2008 |
Q: my wife whom i've been seperated from for close to two years left for alabama with our son with the ...
A: initially be advised that there is no legal separation in Florida. You need to file a Petition for ...
|
| Department of famlies and Children | 8/3/2008 |
Q: My grandson was taken from my son and daughter In-Law in FL. Anthony is now in protective custody. ...
A: my advice would be to enter and appearance in the dependency action seeking temporary custody and or ...
|
| Child Support Modification w/ subsequent children | 8/2/2008 |
Q: My husband and his ex-wife have been divorced for over 5 years and so far everything has gone ok. ...
A: sorry but Florida statutes specifically state that subsequently born children are not to be ...
|
| CPS IS INVOLVED | 8/1/2008 |
Q: CPS GAVE ME MY GREAT NIECE WHICH IS 9 MONTHS OLD BECAUSE THE MOTHER IS IN TROUBLE WITH THE LAW AND ...
A: you should visit the family self help center at your local civil circuit courthouse and obtain the ...
|
| court procedures | 8/1/2008 |
Q: I live in Washington but just have a general court procedure question maybe you could give me a tip ...
A: yes this is acceptable as it has created no advantage for her nor prejudiced your Husband in the ...
|
| Child custody and abusive relationship | 8/1/2008 |
Q: I am a 28 year old woman who is five months pregnant. My child's father, currently my partner, is an ...
A: your best course of action is to report any physical abuse to the police immediately after it ...
|
| joint legal custody | 8/1/2008 |
Q: I would like to obtain joint legal custody over my 2 children residing with my ex-wife in Weston, ...
A: initially let me point out that you have misread and/or misconceived Florida's public and statutory ...
|
| military divorce,battle over children | 7/31/2008 |
Q: Long story short...I am still married and residing with my active duty military husband here in ...
A: be aware that if you agree to your Husband having sole custody of the children you will have no say ...
|
| visitation | 7/31/2008 |
Q: We have residential custody of my husband's two boys age 14 and 8. We live 4 hours away from each ...
A: the mother can always take you court, the real question is what will the court do. More likely than ...
|
| Child Abandonment | 7/31/2008 |
Q: My question is my grandsons mother gave him up at birth to my son (his father) relinquishing all ...
A: it is not possible for a parent to relinquish their parental rights nor for the parents to agree ...
|
| PRIMARY CUSTODY | 7/31/2008 |
Q: MY CHILD SUPPORT IS OUT OF DELAWARE. I HAVE MOVED TO FL, AND MY EX HUSBAND MOVED TO PA. SUPPORT IS ...
A: if the child has not been in Florida for 6 months or more jurisdiction will remain in Delaware and ...
|
| Child Custody | 7/30/2008 |
Q: I have filed for divorce and my husband is nearing the end of the timeframe in which to respond to ...
A: no you would not be able to prevent her from traveling with the children unless you can show that ...
|
| Admendment for a Finalized Divorce Decree | 7/30/2008 |
Q: Question back on February 1,08 we went to mediation at the time we agreed on me getting the house ...
A: I would recommend that you make he 14K payment less 1/2 of the outstanding tax payment and initially ...
|
| 13 yr old nephew | 7/29/2008 |
Q: Is my nephew old enough 2 decide where he would like 2 live he is 13 yrs his parents were never ...
A: there is no law in Florida that permits a minor to decide which parent he wants to live with ...
|
| Child Support Enforcement | 7/28/2008 |
Q: The Divorce judgment was issued on January 8, 2008 which included a monthly Child Support amount of ...
A: you will need to file a motion for contempt for the non-payment of child support. To have the court ...
|
| Primary Residential Parent Moving | 7/28/2008 |
Q: I am the primary residential parent of my two children. I have discussed with their father my ...
A: yes you would still be well advised to follow the procedural requirements of Florida Statute ...
|
| acceptable living standards for child | 7/28/2008 |
Q: I'm the mother of a 5yr old girl. Her father and I never married but have shared custody without any ...
A: there are no statutory laws that specifically outline the living standards and sleeping arrangements ...
|
| Relocation Custody | 7/28/2008 |
Q: I has two children with two different fathers. My youngest child's father is in jail and really ...
A: you can apply for a Temporary Order of Relocation. Whether or not you can do this on your own only ...
|
| Gave my parental rights up | 7/26/2008 |
Q: I was Sixteen when I gave my parental rights to my mother. The reason for this, was b.c I wasn't ...
A: if your Mother became the legal parent of your child then there is nothing you can do to obtain ...
|
| Residential custody | 7/26/2008 |
Q: Me and my daughters mother went to court and got a order sayin that she has residential custody,no ...
A: yes you can file a Motion for Contempt advising the court of the timesharing situation and seeking ...
|
| reduction in alimony | 7/26/2008 |
Q: Divorced after nearly 30yrs. of marriage, my cheating ex-wife(15yrs. of it),was awarded $1250mo.for ...
A: you did not indicate if this was a Georgia or Florida action. I will assume it is a Florida action ...
|
| step-parent adoption | 7/25/2008 |
Q: I am about to marry my boyfriend of 3 years.We want to change my son's last name to his after we ...
A: If you have his address then you can serve him with notice of the step parent adoption. Leaving the ...
|
| Visitation Rights and Child Support | 7/24/2008 |
Q: I have a current Visitation order in Orange County to see my daughter. However I have not seen her ...
A: child support arrears can only be calculated back 24 months from the date such request is made to ...
|
| visitation | 7/23/2008 |
Q: We are the non-custodial parent with joint custody. The custodial parent (the mother) planned a ...
A: this is not a misdemeanor offense. However the mother could be held in contempt of court for her ...
|
| Intent to Relocate with a minor child | 7/23/2008 |
Q: I live in MI and my fiance lives in FL with her 6 year old daughter. The daughters father also ...
A: in my opinion the Oct. 2006 Relocation statute would not apply to your fiances' case as that statute ...
|
| Child custody from non-biological parent | 7/23/2008 |
Q: My son has been raising his son for over a year now. The mom and he are no longer together (never ...
A: If the child was born while the Mother was in an intact marriage the father of the child is presumed ...
|
| Custody | 7/22/2008 |
Q: A couple of months ago my husband was served papers from the State petitioning for an increase of ...
A: the court will more likely do everything in its power to get the mother into court as it is required ...
|
| moving out of state | 7/22/2008 |
Q: Good afternoon Dan, I am currently residing in Florida as is the father of my son. We are both ...
A: I would advise that you follow the statutes notice provisions then if the father objects request ...
|
| child support | 7/22/2008 |
Q: I first want to thank you for willing to answer questions. My question is this. I have a 10 mth old ...
A: it is doubtful that the court would order no time sharing based upon the grounds you have stated in ...
|
| Child Support & Visitations | 7/21/2008 |
Q: My case is in Orange County, FL however I moved to NY 4 years ago with signed approval from the ...
A: if you feel the children will not be safe in his care or that due to the lack of ...
|
| child visitation jurisdiction | 7/20/2008 |
Q: My children are 16 and 13. We have lived in Mass. for 4 years having gotten permission to relocate ...
A: jurisdiction would be in Mass. unless there is a specific provision in the modification order ...
|
| child relocation | 7/20/2008 |
Q: my sister recently discovered a provision in her final divorce decree that states if her ex misses ...
A: based upon the information you have provided it would be my opinion that she is free to relocate ...
|
| moving out of state | 7/19/2008 |
Q: Good afternoon Dan, I am currently residing in Florida as is the father of my son. We are both ...
A: you will be required to comply with Florida's Relocation statute and provide notice to the father of ...
|
| step-parent adoption | 7/19/2008 |
Q: I am about to marry my boyfriend of 3 years.We want to change my son's last name to his after we ...
A: yes you will need the biological father's consent or the same will need to be waived by the court ...
|
| Showing Proof of Custody | 7/18/2008 |
Q: I'm getting married in September. My 2 year old son and myself currently live in Florida. We will be ...
A: the only way to get an order granting you sole custody is to file a Petition for Paternity and ...
|
| Childrens Social Security-Child Support | 7/18/2008 |
Q: As a custodial parent, in Florida, whose children receive social security because of my age, not ...
A: the SS benefits you receive is used to calculate you income for calculating child support. The child ...
|
| Child support modification for health insurance | 7/18/2008 |
Q: I am a NCP that was court ordered to pay Health insurance for my child. I received Veterans Affairs ...
A: possibly but the court would have to rescind the prior order so that the child support ledger could ...
|
| Ex-Wife trying to amend decree | 7/17/2008 |
Q: Bachert, My ex-wife is trying to get the final decree amended only TWO months after it was signed ...
A: Civil court does not usually allow for an award of attorneys fees unless the same is provided for in ...
|
| Divorced father wants receipts for daycare | 7/17/2008 |
Q: I am a divorced father, when I separated from my ex wife I ask the daycare if I could pay them ...
A: you are entitled to receive copies of the receipts if you have shared parental responsibility for ...
|
| custody with previous criminal charges | 7/17/2008 |
Q: My ex-husband and I have been separated for almost 2 years, and the divorce was final last June. He ...
A: Based upon the information you have provide my opinion would be that no your former Husband does not ...
|
| Custody agreements | 7/16/2008 |
Q: My daughter's Dad and I are divorced. She stays with him every other weekend. Her father has a ...
A: if you are concerned for your daughter's safety due to her father's suspected intoxication then file ...
|
| Ex-Wife trying to amend decree | 7/16/2008 |
Q: Bachert, My ex-wife is trying to get the final decree amended only TWO months after it was signed ...
A: to modify the language of the Final Judgment she will be required to show some substantial change in ...
|
| Family Law | 7/15/2008 |
Q: My fiancé and I was both married before. My fiancé got married in 1999 and six months later they ...
A: depending on the length of the marriage his first wife may be entitled to SS benefits but even if ...
|
| Child support | 7/15/2008 |
Q: I am an adult at age 50 now. My father left my mother when I was 2 years old and has never paid a ...
A: you could sue for the back child support but it is doubtful that you would be successful unless you ...
|
| child support | 7/14/2008 |
Q: I was just served by ex with a supplemental petition for modification of child support. I have ...
A: in Florida the court is without the power to order child support for a child who has obtained ...
|
| Father's rights and custody | 7/14/2008 |
Q: My wife left myself and my three little boys. She is a teacher who had an inappropriate cell ...
A: the longer your wife is absent from the home and your children the greater the chances are that you ...
|
| child custody | 7/14/2008 |
Q: how do i get sole custody over my two children with their dad being in the military who is stationed ...
A: to get sole custody you will be required to show that the Father is unfit to make decisions ...
|
| interstate child support | 7/13/2008 |
Q: I have a child support order in Florida. My ex-wife lived there until 1996 and then moved to ...
A: the answer to your question would depend on the orders issued in each case. It would appear that one ...
|
| SOLE CUSTODY out of state visitation | 7/13/2008 |
Q: YESTERDAY IT WAS MY FINAL HEARING FOR MY DIVORCE, IT WAS SUPPOSSED TO BE A TRIAL, WITH A LOT OF ...
A: there is no state wide time sharing plan each seperate jurisdiction creates its own recommended time ...
|
| bipolar parental custody | 7/11/2008 |
Q: My stepdaughter is bipolar. Due to her potentially damaging lifestyle, my husband and I convinced ...
A: the father has parental rights to the child that are equal to that of the mother and exceed yours as ...
|
| Legal Gaurdian | 7/11/2008 |
Q: My sister has a bestfriend that we have grown to love so much, she lived with her dad he's a single ...
A: outside of adoption you would need to file for a guardianship pursuant to Florida Statute 744. You ...
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| adoption without parental consent | 7/11/2008 |
Q: I have legal custody of my 2 children and my ex-husband has no visitation rights and we have not had ...
A: yes the court can waive the biological father's consent requirement if the court finds that the ...
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| Father disappeared | 7/10/2008 |
Q: My estranged ex-husband has finally crossed the line. After our divorce he continued to decrease ...
A: if he had a bench warrant out for him its possible that he is sitting in jail. If not then you ...
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| divorced, but still living together,what are my rights? | 7/10/2008 |
Q: My ex husband and i will be legally divorced for 4 years coming this October, We made a verbal ...
A: if your name is not on the title/deed of the home then you would be considered an at will tenant and ...
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| relocation | 7/9/2008 |
Q: I have been divorced since January 2008. It was a messy divorce, my ex was charged with child ...
A: yes you are still required to comply with the relocation statute requirements. If your having ...
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| unmarried parental rights | 7/9/2008 |
Q: I have a 3 yrd old daughter. her father and I were never married but he is on the birth certificate. ...
A: yes you can move without a court order. However, the father can also file a petition to establish ...
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| divorce and marriage | 7/8/2008 |
Q: How soon can I get married in USA after my divorce in Mexico?
A: as far as Florida law is concerned if the divorce is a legal divorce where obtained you can marry ...
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| moving from divorce county | 7/8/2008 |
Q: i moved from another county in 2004 after divorce in order to get a job in my career field (i was a ...
A: that would depend on whether or not there was a relocation restriction incorporated into the Final ...
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| No where else to go | 7/8/2008 |
Q: I need to know if i can take my daughter and move out of florida without her fathers consent, ...
A: if there was an order of custody, primary residence or visitation entered before October 1, 2006, ...
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| Child Support modification | 7/3/2008 |
Q: I am new to this site and desperately need help in finding the answer to this question. I am in ...
A: yes you can file for a modification of child support based upon a change of income of the parties ...
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| Two children; one3 and one 1 | 7/3/2008 |
Q: Can my ex have extended summer visitation with my three yr old without my baby? I don't believe the ...
A: the answer to your question depends upon the time sharing/custody order that was issued by the ...
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| Changing my custody order through my divorce | 7/2/2008 |
Q: Recently, my husband was granted custody of our 4 year old. When we first started the custody battle ...
A: I would advise that you review Florida Statute 61.13001 with regard to the recent relocation that ...
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| Can A Family Court Judge Amend A Divorce? | 7/2/2008 |
Q: In my divorce and in my divorce agreement which was 3 years ago in the state of Florida, it clearly ...
A: given that Medicaid is a state/federal joint program that provides benefits only to those ...
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| Divorce while living in different states | 7/2/2008 |
Q: First of all, thank you for your time! I am 65 and my husband is 67. We have been married for 5 ...
A: you could obtain a simple dissolution but that would require both you and you Husband to agree on ...
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| Privately negotiated child support | 7/1/2008 |
Q: My husband and I separated earlier this year. He's since moved to AK. He and I are in agreement to ...
A: yes there is a way to establish the agreed child support and include a income deduction order for ...
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| child custody | 7/1/2008 |
Q: If two parents never marry does the mother need the fathers permission to move from say jacksonville ...
A: if there was an order of custody, primamry residence or visitation entered before October 1, 2006, ...
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| Child Safety and Visitation Question | 6/30/2008 |
Q: I got divorced back in 2004 with myself being the primary custodial parent of the little girl we ...
A: child protective services can be utilized if you feel that the mother could be representing a danger ...
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| Special Needs Kids/Out of State Parent | 6/25/2008 |
Q: I am going through a divorce after 4 years of marriage. I have 2 kids (3 and 2) and both kids were ...
A: when you file your answer to the Petition for Dissolution, which I'm assuming you have not done at ...
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| divorce | 6/25/2008 |
Q: married for 10 yrs. 3 children 2,5,7 husband left. i came to us with husband we have 3 children and ...
A: contact your local Legal Aid Society and see if they can assist you. Be advised that the court can ...
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| stepparent adoption 12 year old son | 6/23/2008 |
Q: Mr. Bachert, My oldest son's biological father disappeared when I was 7 weeks pregnant. Child ...
A: Yes we can help. Your probably running into difficulties finding representation because of the due ...
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| Rehab and child custody | 6/22/2008 |
Q: I just became aware of the fact that my ex-wife just recently had a DUI and in now in rehab for 30 ...
A: that would depend upon the language of your Final Judgment of Dissolution. You would of course have ...
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| custody | 6/18/2008 |
Q: my daughter has asked to live with me she is 12. At what age can she have a voice to help decide ...
A: Florida has no provision permitting a child's teatimony upon the attainment of a set age other than ...
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| Ex Spouse taking children out of state & Canada | 6/17/2008 |
Q: Our agreements states a written notice of vacations must be provided by May 15. We have a new trial ...
A: initially you should advise your Former Husband that you do not consent to the out of state trip ...
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| Relocating | 6/17/2008 |
Q: I have been divorced with a child for 5 years. I am wanting to relocate with my new spouse to TN ...
A: if the child is a minor (under 18) then you are required to follow the relocation procedures ...
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| Dangerous enough for full custody? | 6/14/2008 |
Q: insight and guidance. Much appreciated and valued. I filed for divorce 4 1/2 years ago based on ...
A: it would sound as if you would have enough to file for a change in custody and show the change in ...
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| seperation from spouse im in military | 6/12/2008 |
Q: i was wondering if you knew how much money i would owe my spouse until i am separated from the ...
A: sorry the answer to that question has many many variables that are not described in your question. ...
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| wanting custody to get out of child support | 6/12/2008 |
Q: I really have no idea if you can help me or not. I'm really just looking for possible outcomes? I ...
A: if all is as you say it is then I doubt that your going to have any issues with CPS. With regard to ...
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| florida 16yr old daughter chooses to live with non-costodial parent | 6/12/2008 |
Q: daughter wants to live with me fulltime she is 16.I am the non-costodial parent.She notified her mom ...
A: any agreement changing the primary custodial parent of a child needs to be in writing and recognized ...
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| relocation | 6/11/2008 |
Q: Dan, Thanks for your help. My wife and I have lived in florida for 10 years and our daughter is 8. ...
A: you need to read the Florida relocation statute again. First off the relocating primary custodian ...
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| Marital Settlement agreement | 6/11/2008 |
Q: I have a marital settlement agreement that states I have to provide monthly monies for her rent. If ...
A: if you are providing money for her living expenses (rent) then that would be spousal support and is ...
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| Divorce with a prenuptial agreement | 6/10/2008 |
Q: My husband and I got married in Florida on Oct.9th 1996. On Oct. 7th he sprung a prenuptial on me ...
A: it sounds as if you would have a good case for claiming undue duress and coercion in executing the ...
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| child relocation | 6/8/2008 |
Q: My husband has been divorced for several years from his ex-wife with whom he has 2 daughters (10 & ...
A: Well that would depend upon the Judge and what facts were put before the court to prove her ...
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| Medical bills | 6/4/2008 |
Q: I just got served w/ a garnishment for my ex husbands medical bills. It states in our divorce decree ...
A: if the laws in North Dakota are the same as Florida the only recourse you have is to sue your former ...
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| Does Dental include Orthodontic? | 6/3/2008 |
Q: In my husband divorce papers it states that each is to pay 1/2 of all medical and dental expenses. ...
A: according to the Fourth district court of appeals Orthodontia treatment is an “extraordinary” dental ...
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| STEP PARENT ADOPTION SERVICE BY PUBLICATION | 6/3/2008 |
Q: We need to know how to correctly do the service of publication for our adoption case. what it needs ...
A: there are different requirements for service by publication in adoptions as compared to general ...
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| Parent can not care for his child | 6/2/2008 |
Q: My girlfriend's ex, is a loser. On top of being $6000 behind in child support, at the extremely ...
A: You would only be able to get access to the psychiatric records if the father had a known relapse ...
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| about legal guardianship | 6/1/2008 |
Q: .here is the situation.My friends son is 2yrs old..her and the father were never married. The father ...
A: you and the mother can enter into a Power of Attorney Agreement that would allow you to care for the ...
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| Parent can not care for his child | 5/30/2008 |
Q: My girlfriend's ex, is a loser. On top of being $6000 behind in child support, at the extremely ...
A: you have one of two options 1) file for a modification of the timesharing seeking to continue the ...
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| Sleeping arrangements during visitation | 5/30/2008 |
Q: My ex-husband has visitation with our 3 children every other weekend (Friday to Sunday). We have 1 ...
A: there is no statute that sets out minimum sleeping arrangements for children. Such matters and ...
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| Father's Custody | 5/29/2008 |
Q: I've just been served with divorce papers, which under the circumstances is a relief, but the ...
A: all custody cases are decided by determining the best interest of the child based upon the totality ...
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| Relocating while seperated | 5/29/2008 |
Q: My wife and I are separated. We resided in SC all our lives and then moved to FL in 2004. A little ...
A: no the Florida Relocation statute would not be applicable to your case as there was and is no ...
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| Step Child Adoption | 5/29/2008 |
Q: I have been supporting my step-son for nearly eight years now. His biological father has been ...
A: yes the adoption can be granted and the biological father's consent can be waived if the court is ...
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| Abandonment | 5/28/2008 |
Q: My husband left approximately 2 yrs ago. Leaving the house and children behind to set up household ...
A: If you are the sole recorded owner and your Husband executed a quit claim deed to the property then ...
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| Divorce | 5/26/2008 |
Q: When my wife filed for divorce against me.. She filed the wrong type of divorce.. She filed for only ...
A: initially I do not understand why you did not file an Answer to the Petition which would have been ...
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| Notice of Intent to Relocate | 5/25/2008 |
Q: I have retained a lawyer to file an Intent to Relocate. I have been divorced for over 2 years and ...
A: like most family law matters it is the totality of the circumstances that determines the outcome of ...
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| child relocation | 5/22/2008 |
Q: My husband has been divorced for several years from his ex-wife with whom he has 2 daughters (10 & ...
A: yes you should file a motion for temporary custody and a petition for modification of the Final ...
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| Alimony modification | 5/21/2008 |
Q: Is it possible to pursue alimony modification w/out an attorny? I know that it is probably better to ...
A: yes it is possible to pursue an alimony modification with out an attorney but it may not be wise to ...
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| Easiest and cheapest way to divorce an absent non citizen | 5/21/2008 |
Q: My husband went back to England 5 or so years ago and we are no longer in contact. We have no ...
A: go to your local Circuit Civil Courthouse and request information on a Simple Uncontested ...
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| step parent adoption | 5/19/2008 |
Q: I have been divorced for 7 years. My husband of five years would like to adopt my son. I have sole ...
A: you will need to file a Petition for Stepparent Adoption and Termination of the (biological) ...
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| time sharing | 5/18/2008 |
Q: My son has shared parental repsonsibilities with his ex-wife for their daughter who is 5 years old. ...
A: he needs to file a Motion for Contempt with the Court based upon the mother's non conformance with ...
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| custody | 5/16/2008 |
Q: I have a 9 year old daughter with my ex. We were never married but together for 7 years. I finally ...
A: absolutely you should have done so a long time ago. I hope this information was helpful to you. ...
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| step parent adoption/abandonment | 5/15/2008 |
Q: I am trying to do a step parent adoption of my wife's son, we live in fl, the child is 11 and wants ...
A: I have been on vacation and will return to the office on Tuesday May, 20 please call my office on ...
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| Statute of limitations on collecting on divorce settlement | 5/13/2008 |
Q: my husband was legally seperated in July of 1997 and divorced in July of 2000. All of the settlement ...
A: no there is no statute of limitations applicable because the order was already issued there is no ...
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| Divorce | 5/12/2008 |
Q: My boss is currently going through a divorce, his wife has an attorney, he should get one as well, ...
A: yes your boss should get an attorney especially where alimony and child support are at issue. If he ...
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| Florida divorce statute of limitation? | 5/12/2008 |
Q: I have been involved in a divorce case for almost 3 years now. My ex is determined to drag it out ...
A: No sorry there is no statute of limitations for settling a divorce. If you feel you have made all ...
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| step parent adoption/abandonment | 5/12/2008 |
Q: I am trying to do a step parent adoption of my wife's son, we live in fl, the child is 11 and wants ...
A: yes the adoption can be granted and the biological father's consent can be waived if the court is ...
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| Forced sale of family home? | 5/12/2008 |
Q: My boyfriend is currently going though a divorce and he has custody of his 14 year old son. His ...
A: There is no link to send you to. An issue such as this is largely left to the judge's discretion and ...
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| Forced sale of family home? | 5/10/2008 |
Q: My boyfriend is currently going though a divorce and he has custody of his 14 year old son. His ...
A: yes the court could order your boyfriend to refinance the home into his name only and the court ...
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| Custody | 5/8/2008 |
Q: My husband and I have been raising our nephew for 8 yrs now, he is 10 years old. We need to start ...
A: see and review Florida Statute 751.01 and all accompanying subparts. The process you need to follow ...
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| establish parental rights | 5/8/2008 |
Q: divorced in 9/05 while exwife was pregnant. divorce decree states i agree to give up parental rights ...
A: Paul, sorry for the delay in my response. In my opinion the portion of the Final Judgment that ...
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| orthodontist bill | 5/5/2008 |
Q: My ex husband of five years now agreed to pay 80% of medical and dental, which is listed in the ...
A: you need to file a motion for contempt for your former husband's non-compliance with the divorce ...
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| General Magistrate Order | 5/4/2008 |
Q: The General Magistrate heard our case for visitation/custody. And I did not have burden of proof to ...
A: If you want to modify the custody arrangement you will need to show a change of circumstances ...
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| Relocating | 5/4/2008 |
Q: My ex-husband and I have been divorced since Oct. 2004, we have shared custody no child support. We ...
A: the first question I have is which parent has been designated the primary custodial parent? If it is ...
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| General Magistrate Order | 5/3/2008 |
Q: The General Magistrate heard our case for visitation/custody. And I did not have burden of proof to ...
A: to begin you do not have an order that would subject her to contempt at this time as the General ...
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| living arrrangements among opposite sex children | 5/1/2008 |
Q: I am a single mother of 4- one girl and three boys. I was not married to the father of the oldest ...
A: there are no Florida Statutes that specifically address the sleeping arrangements of children and ...
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| termination of parental rights | 4/30/2008 |
Q: How does an unmarried mother of a six year old child terminate the parental rights of the biological ...
A: Mother could consent to a legal guardianship with a third party without Father's consent and or make ...
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| Need to move! | 4/29/2008 |
Q: Ocoee,FL - Hello; I recently moved to Missouri from Ocoee, FL, where I lived with my two children ...
A: technically you are not prevented from returning home, you are prevented from returning home with ...
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| child support | 4/29/2008 |
Q: If my husband is ordered to pay $500 and he's not paying but $96 can something be done about it.
A: file a motion for contempt and be prepared to prove that the he has the ability and/or assets to pay ...
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| termination of parental rights | 4/28/2008 |
Q: How does an unmarried mother of a six year old child terminate the parental rights of the biological ...
A: what you are seeking cannot be done unless another individual is adopting the child. The state will ...
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| Court and Slander | 4/28/2008 |
Q: What is court like when you go for a divorce involving a child? My attorney (whom I waiver on ...
A: the following are the answers to your questions: Can you call as many (witnesses) as you want? Yes, ...
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| Relocating with a 14 yr .old due to a "deadbeat" | 4/27/2008 |
Q: I've been separated 4 years and divorced (finally)1yr. My daughter and I moved out of our house ...
A: You former husband is paying the alimony and child support because he knows that not to pay them ...
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| Modification of answer | 4/24/2008 |
Q: My ex sent an emergencey motion for temp custody of our 2 daughters, I answered he allegations in a ...
A: If he has not answered your counter-petition then file an Amended Counter-Petition requesting the ...
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| Child housing | 4/24/2008 |
Q: Is there a law in Florida that says a child has to have his/her own bedroom? What are the laws about ...
A: no there is no statutory law requiring a child to have his or her own bedroom. If there is any ...
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| Possible Parent Moving Away | 4/24/2008 |
Q: Orlando, FL. My divorce is not final. My wife and I are pretty close, just fighting over the ...
A: file a Motion with the Court advising the court that your Wife is contemplating relocating outside ...
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| Child moving out of state | 4/24/2008 |
Q: I have a 14 year old daughter. Who has been living with me for three years now. Three years ago she ...
A: initially you should be made aware that as far as the law enforcement is concerned you are not the ...
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| Modification of answer | 4/23/2008 |
Q: My ex sent an emergencey motion for temp custody of our 2 daughters, I answered he allegations in a ...
A: If your Former Husband has not responded to your answer and what sounds like a Supplemental Counter ...
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| perjury in family court | 4/23/2008 |
Q: My ex while in our emergency hearing for temp custody perjured herself in court by stating she was ...
A: Cardozo, from what you have stated I would recommend that you file for a change of custody based ...
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| divorce | 4/23/2008 |
Q: 1. My wife left our house almost 4 years ago and lived with another man. She recently moved to her ...
A: if the home is a marital asset in all likelihood you would be required to sell the home so that each ...
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| Question on joint custody issues | 4/20/2008 |
Q: I was divorced 2 years ago, and my ex was abusive. He assaulted me during a visitation exchange ...
A: if he is not threatening you physically or threatening to do physical harm to you the only option ...
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| Divorce | 4/19/2008 |
Q: My mother and her husband are both UK nationals, who currently reside in Florida on E2 visa's. My ...
A: your mother could probably accomplish every thing from the UK but she will most likely be adding ...
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| Custody & Contempt | 4/17/2008 |
Q: I recently went to court to gain custody of my son, My exwife has not allowed me to visit nor see ...
A: File both Motions for Contempt if applicable. Yes you can continue to file contempt charges and then ...
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| relocation-adoption-custody | 4/17/2008 |
Q: My ex-husband signed a mediation agreement awarding me sole parental responsibility with no burden ...
A: if your Former Husband still has parental rights, sole parental responsibility does not effect these ...
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| Perjury in family law | 4/17/2008 |
Q: My husband is trying to get me to pay temporary alimony and child support so I submitted to the ...
A: its sounds like you need to conduct some discovery. If your Husband owns a newspaper then get the ...
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| Custody & Contempt | 4/16/2008 |
Q: I recently went to court to gain custody of my son, My exwife has not allowed me to visit nor see ...
A: If your Former Wife is doing things that are contrary to an Order of the court or not doing things ...
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| Abandonment of Home | 4/16/2008 |
Q: A friend is going through a bitter war with his cheating wife and he asked if I thought he should ...
A: The answer to that question depends upon many factors including but not limited to who will ...
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| hi | 4/10/2008 |
Q: Am concerned about interrogatories in a divorce case Do they need to c the actual transactions or ...
A: the following are the answers to your questions as presented: 1. Yes the opposing party will want ...
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| Florida Divorce & Child Support - Enforced in Texas | 4/9/2008 |
Q: The marriage was in Florida and divorce finalized in Florida. The child support order was ...
A: Judgments come from the court not the parties. At any rate you should contact the Texas authorities ...
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| Intent to Relocate | 4/8/2008 |
Q: Mr. Bachert, I am the primary residential parent of my daughter. My ex-husband is not willing to ...
A: you are confusing your burden of proof. You are required to show that the relocation will be in the ...
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| Child Support | 4/7/2008 |
Q: I have been divorced for 4+ yrs and have 2 children who live with me. My ex-husband has recently ...
A: Individuals with child support payments are not permitted to unilaterally decrease their child ...
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| child visitation in FL | 4/7/2008 |
Q: I live in Wyoming, where my divorce was final. My ex recently moved to FL where he is wanting the ...
A: Kathie, you need to file a Petition to Modify the Final Judgment with regard to timesharing based ...
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| child visitation in FL | 4/7/2008 |
Q: I live in Wyoming, where my divorce was final. My ex recently moved to FL where he is wanting the ...
A: Florida would not have jurisdiction over the children until they have been in the state for a ...
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| custody | 4/5/2008 |
Q: My daughter has been divorce for app. 1.5 years, in her divorce settlement her ex put that their ...
A: You daughter will have the initial burden of proving to the court that the relocation will be in the ...
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| visitation...custody..unwed..leaving state | 4/3/2008 |
Q: I have a 6 mnth old baby girl. Child support enforcement is establishing paternity. Father is not ...
A: you have already identified your main strategy and that is to show to the Court that the father is ...
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| child support and mother hiding from father | 3/29/2008 |
Q: I am the grandmother of the child and mother of the father. My son and the mother have joint ...
A: Your son needs to go to the mother's home with final judgment in hand and a police escort and assert ...
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| breach of contract or contempt | 3/28/2008 |
Q: Braces have been put on a minor child, the divorce states that each party pays 1/2 but that they ...
A: If the language of the Final Judgment is exactly as you describe then it would be very difficult for ...
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| stepparent adoption | 3/27/2008 |
Q: When I was 18 my boyfriend and I had a baby, we never got married but I put him on the birth ...
A: the facts as you have described them would constitute abandonment so you would not necessarily have ...
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| Relocation | 3/27/2008 |
Q: I currently live in St. Augustine and am living with my boyfriend with whom I have my third child. ...
A: you will be required to comply with FS 61.13001 and provide the required relocation notice. If the ...
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| relocation due to the active duty step parent. | 3/23/2008 |
Q: I am active duty stationed in FL. My 6 month old's father will be moving 10 hours away and we have ...
A: you are still required to comply with FS 61.13001 and provide the required relocation notice. If the ...
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| How to get DNA test | 3/21/2008 |
Q: I have a 15 year old son. We need to find out if he is the dad of a 14 year old girls baby.
A: There are many private testing facilities throughout Florida, simply check the yellow pages for one ...
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| statute of limitation for child support arrears | 3/19/2008 |
Q: I have a fourteen year old child,who's father has not seen her in almost 10 years. He moved out of ...
A: there is no statute of limitations for the collection of child support previously order while the ...
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| Wild accusations may stick, what can I do? | 3/18/2008 |
Q: I am Australian that met my wife via the internet and after she left her 2 kids with their dad ...
A: your lawyer is correct, deal with the restraining order first, which will hopefully be denied and if ...
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| visitation | 3/17/2008 |
Q: After a nightmare from previous att. failing me I lost custody of my now 5 yr old son. I am only ...
A: The answer to your question depends largely on the specific language of the custody/timesharing ...
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| Child Suport | 3/14/2008 |
Q: I have been divorced from my ex-wife for 5yrs now and I have been getting increases from my original ...
A: yes your former wife can get an adjustment made to the child support. Child support is always ...
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| Paternity | 3/13/2008 |
Q: I found out last summer that my daughter's biological father is now in the picture which means I ...
A: Unfortunately you are limited to challenging the paternity of your (legal) daughter for up to one ...
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| Fighting for More Time | 3/13/2008 |
Q: I am currently going through a divorce in Florida. Everything is finalized but the visitation ...
A: the answers to you questions are provided in the order in which you presented them: 1. The court ...
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| INTERSTATE LITIGATION | 3/12/2008 |
Q: I LIVE IN FLORIDA MY REMARRIED EX HUSBAND IN NEW YORK WE WERE DIVORCED IN NY AND HE HAS DEFAULTED ...
A: you could domesticate your judgment against your former husband but unless he has property within ...
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| Question about statute F.S. 61.13001 - child relocation | 3/12/2008 |
Q: I've been divorced for some time now and live in Miami with my daughter and finace. In January of ...
A: yes you are still required to comply with FS 61.13001. The fifty mile relocation requirement applies ...
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| Divorce in Italy or Florida? | 3/10/2008 |
Q: I have been married for 10 years, married in Italy to an Italian. I am a US citizen and have one ...
A: I have no knowledge of Italian family law so I cannot comment about whether it has more or less ...
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| paternity | 3/10/2008 |
Q: I know someone that got a divorce in Florida, when in court the judge asked if there was a ...
A: if he is the father then it is Florida's policy that he have contact with the child and some form of ...
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| rights | 3/9/2008 |
Q: my daughters dad wants to see her for the first time ever and she is 14, he wants her to come to ...
A: under no circumstances would I advise that you allow your daughter to leave the state until and ...
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| Insurance refund and soon to be Ex | 3/7/2008 |
Q: He has custody of the kids and the family home, although never legally declared this way, it has ...
A: Sorry about that. Generally, the court will impute income to a person that is under or unemployed ...
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| Final hearing issue | 3/5/2008 |
Q: Dan, I have been locked in a nightmare for two years now. I have temporay full custody of all 3 of ...
A: yes the court has the absolute authority to order an equitable distribution of the marital residence ...
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| Mother moved more than 50 miles away | 3/5/2008 |
Q: I have two children that were born and live in the state of Florida. I'm divorced now and I have ...
A: Yes, your move could affect the jurisdiction (actually venue) but one of the parties would have to ...
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| Mother moved more than 50 miles away | 3/5/2008 |
Q: I have two children that were born and live in the state of Florida. I'm divorced now and I have ...
A: If Fla. Stat. 61.13001 applies to your Final Dissolution then you should immediately file a Motion ...
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| Non-custodial Mother | 3/4/2008 |
Q: I am the non-custodial mother of a 5 year old who lives with his father who is retired. Our ...
A: in the State of Florida your alleged sexual exploits would have very little relevance as to whether ...
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| Child Support / Unemployment | 3/1/2008 |
Q: I am divorced with 2 children in Florida. Our divorce was settled in june of 2006, I pay 1460.00 per ...
A: you will need to file a supplemental petition for modification of child support. To do so you will ...
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| Child Support Enforcement | 2/27/2008 |
Q: do i need to file a seperate child support order if support was agreed to in divorce papers? My ...
A: If your settlement agreement was incorporated into the final judgment of dissolution, which is ...
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| Divorce/Equity from home | 2/26/2008 |
Q: my husband and I are divorcing. The house was purchased by him in 1993 and in 2000 my name was ...
A: Anna, unless your Husband can prove with financial documents that the money he received from the ...
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| Final Divorce Decree | 2/24/2008 |
Q: My ex and I got our file divorce decree in Norfolk, VA. I am in the military and she owned a ...
A: child support and alimony is always subject to modification. So until such time as court orders that ...
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| Ex Parte Divorce? | 2/23/2008 |
Q: Good Morning Mr. Bachert My stepson recently called from Tampa saying he wants his father and I to ...
A: the following are the answers to your questions in the order they were presented: 1. Yes, your ...
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| child abandonment | 2/22/2008 |
Q: 4 years ago, I gave primary conservatorship of my daughter to her father because he lived in a ...
A: initially you will need to determine which state has jurisdiction over the case. If you were ...
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| Disolution of parental rights due to abandonment | 2/20/2008 |
Q: I am the mother of a 12 year old in the state of Florida. I have had a domestic violence injunction ...
A: it is difficult to determine the difficulty of a given adoption case because the range of difficulty ...
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| dating problems | 2/19/2008 |
Q: another question. . the girl i want to get with also says she would get a restraint but she cant ...
A: No, there are no repercussions that I can perceive that would result from your girlfriend seeking an ...
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| Deed of house after divorce | 2/15/2008 |
Q: I went through a divorce in Tampa, my wife defaulted to appear or answer the petition. The judge ...
A: yes, if the title company will not accept the language of the final judgment as written, it will be ...
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| Agreed relocation | 2/13/2008 |
Q: My ex-husband and I want to move out of Florida in the next couple months. I have our son and we are ...
A: the Florida statute in question makes no special provision if both parents are relocating. So you ...
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| Withdraw Petition For Divorce | 2/11/2008 |
Q: I filed a Petition for DOM because my soon to be ex-wife and I had agreed to the divorce. However ...
A: Andrew, you are always free to withdraw your petition for dissolution, however, if your Wife has ...
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| Child Custody | 2/9/2008 |
Q: I have a question about child custody. There are little girls in our lives that are actually great ...
A: If you do not have legal guardianship then you have no legal right to the children and the Father ...
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| Final Judment enforcement | 2/8/2008 |
Q: I recently learn that my ex-husband was able to get a final judgment on a divorce without serving me ...
A: Claudia, if the child was born during the time the marriage was legally intact then the child is ...
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| Can I move with my child? | 2/7/2008 |
Q: Mr. Bachert, I was hoping you could help me. All parties involved reside in the state of Florida. ...
A: Yasmine, If the man has been judicially recognized as the father of the child then you are required ...
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| fl statute 61.13 (3) | 2/6/2008 |
Q: (c) she has the health ins, what is his responsability and what does other remedial care mean. thank ...
A: The parent that is not obtaining and maintaining the insurance policy itself is usually required to ...
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| Are fathers at any more of an advantage today? | 2/6/2008 |
Q: My husband is about to go back to court again. His ex-girlfriend and mother of his son is in ...
A: If your seriously seeking to change custody then all of the factors that you mention in your ...
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| Ex spouse opposes homeschooling | 2/5/2008 |
Q: Can my ex-husband legally or in any way stop me from homeschooling my daughter? Our divorce decree ...
A: If you and your former Husband have shared parental responsibility then the answer is yes he has ...
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| uncovered medical expenses | 2/1/2008 |
Q: I was wondering my husband's ex took him back to court in 2002 for increase in child support.. from ...
A: Tiffany, the language of the Final Judgment of Dissolution would control when the bills are to be ...
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| divorce help | 1/31/2008 |
Q: A friend is seeking to get divorced in palm beach county. She cannot afford a lawyer due to ...
A: Michael, the legal aid society of Palm Beach county is the only association that I am aware of that ...
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| Incarcerated Father | 1/31/2008 |
Q: Can the Mother take a child (14 mos.)to Columbia without the father's consent who is currently ...
A: That would depend on whether or not you have been recognized through a court order as the father of ...
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| child support/claiming children for taxes | 1/29/2008 |
Q: Bachert, I have a few questions regarding this matter. I'll give you a little insight into the ...
A: in Florida if a parent is not current and up to date with all child support payments then that ...
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| relocation statute | 1/28/2008 |
Q: How does the relocation statute in Florida address the situation of the secondary parent already ...
A: without knowing more about your case, it would be my opinion that the relocation statutes parameters ...
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| my ex-girlfriend is pregnant with my child | 1/27/2008 |
Q: I am freaking out. Back on Dec 8 2006 my ex and I had sex and on Jan 2nd She told me she is ...
A: while you will have little luck in forcing your ex-girlfriend to allow you to attend the doctors ...
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| Teen wants to live with Mom | 1/25/2008 |
Q: My fiance' has primary custody of his 15yr old daughter and 16 yr old son. Their mother has primary ...
A: Yes this can be accomplished legally without going to court by an attorney but some courts will ...
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| Relative Caregiver | 1/22/2008 |
Q: I have been appointed the legal custodian of a child through the Department of Children and Families ...
A: If the Father's parental rights have not been terminated in any prior court proceeding then he is ...
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| Moving out of Florida | 1/22/2008 |
Q: I have been divorced for almost 3 years, to whom I have 2 children with. I married again 6 months ...
A: the new Florida relocation notice requirements are very specific and if the father of the children ...
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| moving out of state | 1/22/2008 |
Q: I have a 5 year old son from a previous relationship (not married) and currently i have a 4 month ...
A: I'm assuming that you meant the Father has timesharing (visitation is for prisoners) every other ...
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| Medical Expenses | 1/21/2008 |
Q: My husbands ex wife has NEVER submitted any receipts and won't even speak to him regarding anything ...
A: Base upon that language it would be my opinion that the party receiving bills for uncovered costs ...
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| Medical Expenses | 1/21/2008 |
Q: My husbands ex wife has NEVER submitted any receipts and won't even speak to him regarding anything ...
A: Pat, generally the parties are each responsible for some set portion of uncovered medical costs for ...
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| Modification of divorce | 1/20/2008 |
Q: My wife and I got divorced last Feb.and now need to make modifications to it. We are both in ...
A: Robert, the language of the original final judgment needs to be reviewed and then an agreed order ...
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| child custody and moving | 1/20/2008 |
Q: My girlfriend divorced about six years ago. She has two kids: one 8 the other 10. Her ex husband at ...
A: Joe, the actual language of the agreement would need to be reviewed. Most likely the provision ...
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| Medical Decisions Among Divorced Parents | 1/19/2008 |
Q: My exwife and I have been divorced for 8 years. She has since remarried, and I moved out of Florida ...
A: Jeff, if you have shared parental responsibility then you have the equal right to share in the ...
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| what are my chances on relocating with my child? | 1/14/2008 |
Q: I seperated from my child father and i want to move out of the state of florida to wisconsin.My ...
A: Your information is incorrect. The recently enacted law regarding child relocation has not changed ...
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| Leaving the state | 1/8/2008 |
Q: Im 19 years old, single mother to a 3 year old boy, My ex ans I [my sons father] we have a good ...
A: You did not indicate whether or not you were married to your child's father when your son was ...
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| child custody | 1/5/2008 |
Q: my ex husband and I have had a joint custody court order, he recently passed away, the police will ...
A: Natalie, you will need to get a copy of the pleadings that lead up to the order in question, the ...
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| Child Suppport | 1/2/2008 |
Q: I have a couple of questions if you don't mind. I have been divorce for about 6-7 yrs and the final ...
A: Cesar, based upon your questions here are your answers: 1) Yes, if your daughter is no longer in or ...
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| custody | 12/30/2007 |
Q: A relative of mine says she is going to file for custody, for my daughter. I am a single parent with ...
A: Your relative would need to prove that you are unfit to be the child's parent. A very high burden to ...
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| CHILD CUSTODY | 12/28/2007 |
Q: I have two boys ages 2, and 4. There currently living with there dad in Chicago, Thee only reason ...
A: Janet, the advice you have received thus far is fairly correct. If there has been no custody ...
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| Custody | 12/26/2007 |
Q: I have a nephew that is 16. His mother lives in Georgia and could not handle him, so she asked if he ...
A: Margaret, there is very little you can do to assure that the child's mother will allow the child to ...
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| Changing main custody | 12/24/2007 |
Q: My son, age 14, lives with his mother in Tenn. We have joint custody and I pay child support. We are ...
A: You would be filing an Agreed Order Modifying the Final Judgment of Dissolution of Marriage. The ...
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| Re: Buying car from Somebody going through divorce | 12/23/2007 |
Q: I am trying to buy a car from someone who is going through a divorce. He has written me that he is ...
A: Melong, there is little chance that the car sale to you would be reversed by a court. Whether the ...
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| Custody of child born out of wedlock | 12/22/2007 |
Q: I have been reading over your past responses and saw that you told someone that the biological ...
A: Mary, this is the section of the Florida Statute 744.301 my previous answer was based upon The ...
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| child support and ssdi benefits for child | 12/18/2007 |
Q: I am pursuing a paternity/child support action for my 4-year-old daughter. My primary concern is ...
A: Terri, If your daughter is receiving SSDI benefits from your claim they will have no effect on the ...
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| sharing cost of medical bills with high deductible | 12/18/2007 |
Q: I have physical custody of 2 children, one of whom racked up emergency medical bills ($600+) which ...
A: Paul, If your Final Judgment states that each party is responsible for 50 of uncovered medical costs ...
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| Custody | 12/15/2007 |
Q: I currently take care for my two children, ages 6 and 2. I was never married to their father, we ...
A: You already have custody because you are the natural mother of children born out of wedlock. What I ...
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| Relocating minor child overseas | 12/13/2007 |
Q: My ex-wife had primary custody of our minor child for the last 7 years or so. Last December, she ...
A: David, initially when you state that you now have primary custody of your son I hope this was done ...
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| Mediation form not sent back | 12/13/2007 |
Q: I have a couple of questions. I had a successful court ordered divorce mediation with a mediator. ...
A: If the mediation agreement is not signed by both parties then no agreement has been achieved and the ...
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| Divorce | 12/12/2007 |
Q: My Mom called me from Florida, and was concerned because her divorce was suppose to be final months ...
A: If a Final Judgment of Dissolution of Marriage was not ordered and entered into the clerk of court ...
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| Pursuing Joint Custody | 12/8/2007 |
Q: My husband was served about a year ago with a child support lawsuit from his girlfriend from some ...
A: There is no form that I am aware of as Florida is not a form pleading jurisdiction. The Florida ...
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| separation and divorce | 12/7/2007 |
Q: I've been separated from my husband for 16 months. He has less than $5000 annual income therefore I ...
A: Florida law does not provide for nor recognize legal separations. As to your remaining questions ...
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| child support | 12/6/2007 |
Q: I am finally divorced on Dec.4 2007. I have two children who live with their mother. All we have ...
A: the answers to your questions as presented are as follows: 1. No, the Mother of your children is ...
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| DIVORCE | 12/5/2007 |
Q: I'M A STAY AT HOME MOM FOR EIGHT YRS CARING FOR TWO CHILDREN BOTH UNDER THE AGE OF EIGHT. MY HUSBAND ...
A: whether or not and when the court would require you to return to work or more correctly would impute ...
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| military pay and child support | 12/4/2007 |
Q: My husband is in the Air Force and his child support payment is based on his total gross pay, ...
A: The BAH and BAS may not be subject to garnishment but that does not mean they cannot be considered ...
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| Re-Marriage | 12/4/2007 |
Q: Dan, I am seeking your legal input. I have been divorced 5 years. In that time I was granted sole ...
A: Perry, as long as your paramour is not a recently convicted child molester or in some other way ...
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| Non-custodial parent seeks custody | 11/30/2007 |
Q: My two children have been under my care every day since April 15, 2007 (over the past seven ...
A: Michael, you have seemed to answer your own question "I know that I need to file a modification of ...
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| children leaving state on vacation | 11/19/2007 |
Q: I want to take my children on vacation to New York do I need permission from my ex husband ??
A: The answer to your question would largely depend on the language of your Final Judgment of ...
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| 13 year old son- visitation and counseling rights | 11/17/2007 |
Q: My son just turned 13 years old and his Dad and I have shared specific court ordered visitation with ...
A: There are no specific legal rights that a Florida court imparts to a child when they reach the age ...
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| An Ex Who Does Not Comply. | 11/15/2007 |
Q: I am originally from Trinidad. My daughter was born in 1999,which makes her 8yrs. I have been so ...
A: Yes, you may be able to receive a reduction in your child support if you can prove to the Court that ...
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| An Ex Who Does Not Comply. | 11/15/2007 |
Q: I am originally from Trinidad. My daughter was born in 1999,which makes her 8yrs. I have been ...
A: Based upon your history you should file a motion for contempt after every and any instance where ...
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| full custody | 11/14/2007 |
Q: My son is 6 years old. I was just awarded an injuction against my sons father and the judge also ...
A: Andrea, you did not indicated whether this was a Florida case or not so please understand that my ...
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| Child support and modification | 11/13/2007 |
Q: Our Daughter will be 17, next week and now of all times her Mother and I are dealing with issues. I ...
A: Ted, unfortunately the general Court consensus is that any funds provided to or for the benefit of a ...
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| custody of my 15 year old daughter | 11/10/2007 |
Q: my name is Angie, I am the mother of a 15 year old, whom my grandmother has legal guardianship of. ...
A: Angie, as your grandmother is only the legal guardian or your daughter your parental rights are ...
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| residential parent | 11/8/2007 |
Q: My fiance has been divorced for 10 years. he had court ordered shared custody of his 3 children, the ...
A: initially it should be noted that unless your fiance filed the "written" agreement he and his former ...
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| seperation qustion | 11/6/2007 |
Q: my husband wants a divorce but has agreed to a separation for now to see if things work out while I ...
A: I would recommend that you NOT move from the marital residence at least not without taking the ...
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| Sharing a room with my daughter, will it cost me my rights | 11/4/2007 |
Q: My daughter is three years old. My ex boyfriend and I have recently separated. He owns a house and ...
A: No, it is not illegal to share a room with your daughter. I'm assuming your ex boyfriend is the ...
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| Custody verification | 11/2/2007 |
Q: Long story short, My friend is getting a divorce from his wife in which they have been separated(not ...
A: If the grandmother legally adopted the child then both parents parental rights have been terminated ...
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| Child Custody (Florida) | 11/1/2007 |
Q: My ex girlfriend has primary custody of our 6 month old daughter because we were not married at the ...
A: In your question, your state that your ex girlfriend has primary custody of your daughter. I am ...
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| SSDI and my kids benefits | 11/1/2007 |
Q: I'm hoping this is the right place to go for answers to this, I've been trying the Social Security ...
A: You need to contact the Social Security Administration IN WRITING and advise them that the children ...
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| Child abandonment | 10/27/2007 |
Q: But at the beginning of September her mom has disappeared and has only called once. Now her mother ...
A: The fact that you live in Washington state is pertinent as my answers are derived from my knowledge ...
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| My Stepson | 10/25/2007 |
Q: My husband and I are going through a divorce due to a domestic violence situation. We have a his, ...
A: In Florida, if you have not legally adopted your stepson you would have no legal right to visitation ...
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