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| Subject | Date Asked |
| Child Custody | 1/28/2012 |
| Q: I have a child but the father has not seen her in over two years. There is a court order for child ... A: yes there is a way. If there is an existing order that sets out the parental responsibility for the ... | |
| Relocation of child to another state | 1/28/2012 |
| Q: For the safety and well being of my 13yr old I want to move to louisana from flordia. Me and her ... A: you need to review Florida Statute 61.13001 to see if it applies to your current situation. Even if ... | |
| Divorce-Jury Trial-Florida | 1/27/2012 |
| Q: I am tired of getting Judges who don't punish parents for willfully not providing child support. ... A: sorry jury trials are not permitted in family law cases. I hope this information was helpful to ... | |
| alimony | 1/27/2012 |
| Q: My ex husband indicated in his taxes that he paid $16,800 in alimony for tax year 2011. This is not ... A: unless stated otherwise in you Final Judgment of Dissolution, alimony payments are tax deductible by ... | |
| CHILD SUPPORT | 1/12/2012 |
| Q: my husband's ex wife has left to las vegas and left there 16 year old son with his sister which is ... A: my first question would be for how long has mom been in or expected to be in Las Vegas. If she is ... | |
| Child support | 1/7/2012 |
| Q: A brief history: Five and a half years ago an ex girlfriend presented me with the fact that I have a ... A: as you recognized in your question I am a Florida Family Law attorney and my experience is limited ... | |
| Vacation and the word "Travel" Clarification | 1/3/2012 |
| Q: Our custody agreement reads "Each party will give reasonable notice to the other party (more than 72 ... A: while there may be some case law out there that has defined the term "travel" under similar facts as ... | |
| Child support | 12/22/2011 |
| Q: My question..My husband went through a divorce four years ago in Florida. He has two daughters, ... A: Florida would still have continuing jurisdiction to modify the the child support orders currently in ... | |
| re: step parent | 12/20/2011 |
| Q: I am a step parent and have been with my wife and step son for 8 years. I met them when he was 1 ... A: if you are seeking to improve the time sharing for the child then I would suggest filing a Motion ... | |
| marking off a motion | 12/14/2011 |
| Q: My ex and I filled one motion each and later on my ex got a lawyer . My ex’s lawyer filled one more ... A: you will need to access a legal research site or visit your local law library and research the terms ... | |
| marking off a motion | 12/13/2011 |
| Q: My ex and I filled one motion each and later on my ex got a lawyer . My ex’s lawyer filled one more ... A: Yes, there are numerous case law references you should be able to find that indicate the court is ... | |
| marking off a motion | 12/8/2011 |
| Q: My ex and I filled one motion each and later on my ex got a lawyer . My ex’s lawyer filled one more ... A: if the hearing on the Motion was recorded and the attorney for your former Wife stated that she was ... | |
| Supplemental Petition | 12/5/2011 |
| Q: I currently have shared custody which consist of me having my son 75% of the time and I also hold a ... A: at the very least you will need to allege and prove a substantial, unanticipated change in ... | |
| Perjury on official proceedings. | 11/24/2011 |
| Q: I was recently served a Petition for dissolution of marriage and other relief by my husband. In ... A: any penalty for perjury is at the discretion of the court and the effect if any upon your Husband's ... | |
| Guarantor | 11/23/2011 |
| Q: My friend is a stay at home mom getting divorced. Her attorney has asked for a 5k retainer. She is ... A: how much of unpaid services the law firm is willing to extend to any given client depends upon the ... | |
| DOR involvment in Modification for child support | 11/21/2011 |
| Q: My former husband and I have joint custody but he filed for a modification for child support based ... A: If you have a contract with DOR and you have not accepted state services such as aid to parents with ... | |
| custody issues | 11/21/2011 |
| Q: I have a custody order in place it states that we have the child 2mo with me(mother) and one month ... A: I am assuming that the 2005 order came about as a result of an agreement between you and the father ... | |
| Meditated Marital Settlement Agreement and Health Insurance Coverage | 11/1/2011 |
| Q: A few months ago, my now ex-wife and I signed a Mediated Marital Settlement Agreement (MMSA). When ... A: the answer to your question depends upon whether we are discussing a group health insurance plan or ... | |
| Divorce-child custody | 10/31/2011 |
| Q: I am a U.S.citizen born and raised with residence in Florida.I have been marooned in the Philippines ... A: if you cannot afford legal representation upon your return you should contact the legal aid society ... | |
| Order of Dismissal WITHOUT Prejudice | 10/25/2011 |
| Q: My divorce was never granted. My ex asked for a Default which was not granted and then an Order of ... A: if you did not file a response in the initial action you will not be able reopen the action but you ... | |
| Verbal child support | 10/12/2011 |
| Q: I have a child support order (FL) of $700 per month of which my exhusband is supposed to pay. He ... A: unless you confirm that there was a verbal agreement for him to pay at a lower rate then the court ... | |
| Exceptions | 10/7/2011 |
| Q: I am Pro Se, as I can not afford an attorney. My son has turned 18. My daughter is 16. The ... A: you will have 10 days from the date the magistrate issues his or her findings and recommendations to ... | |
| overturning a mediation agreement | 10/5/2011 |
| Q: A friend of mine went to mediation pro se and her husband had an attorney. They signed a mediation ... A: in Florida there is no set time to revoke acceptance of a mediated settlement agreement but it is ... | |
| contempt of court | 9/23/2011 |
| Q: I was divorced 8 years ago and was supposed to pay the credit card bills. My ex realized his name ... A: if you filed for bankruptcy then your former husband should have been listed as a creditor any any ... | |
| Child Abandonment Laws in Florida | 9/13/2011 |
| Q: I have not heard from my ex-husband in almost a year. We have been divorced since 2009 and have ... A: yes the facts as you have provided them could establish a finding of abandonment for the purposes of ... | |
| unmarried parents moving to another state | 9/11/2011 |
| Q: I am a mother of two daughters we now live in Broward county Florida I need to know their father and ... A: you should review Florida statute 61.13001 to see if it applies to your situation. Even if the ... | |
| child support/step parent adoption | 9/7/2011 |
| Q: I was recently asked to sign off my rights so that my ex can have her new husband adopt children I ... A: unfortunately you do not have many options here. Child support belongs to the children not the ... | |
| marriage and divorce | 8/23/2011 |
| Q: As a divorce lawyer, how much divorce do you see with people who had arranged marriages? (These are ... A: please see below responses to your questions: As a divorce lawyer, how much divorce do you see with ... | |
| Relocation | 8/19/2011 |
| Q: I am currently serving in the Navy and have received orders to move to Washington state from the ... A: you would need to read and review Fla. Stat. 61.13001 to determine whether or not its provisions and ... | |
| Kids | 8/17/2011 |
| Q: my ex, kids and myself lived in ft Lauderdale during court proceeding, just before the final ... A: you should read and review Fla. Stat. § 61.13001 to see how it would apply to your case. In all ... | |
| child support | 8/17/2011 |
| Q: I don't know 100% how to explain this but for one we live in Florida and back in September my ... A: a domestic relations judgment is usually a indication that some amount owed by one party to the ... | |
| Taking my son out of the country | 8/12/2011 |
| Q: I have a son out wedlock and am familiar with statute 744.301. I am wondering if I need my son's ... A: if the father is not listed on the birth certificate for the child and there has been no order ... | |
| Child Support | 8/11/2011 |
| Q: I live in Virginia and the non-custodial parent lives in Florida. I filed for child support (from ... A: no unfortunately, at least under Florida law, when you are represented before the court by counsel, ... | |
| step-parents financial obligation | 8/11/2011 |
| Q: My ex-husband agreed to pay for our daughter's college education. His wife is one of his employees. ... A: If your former husband is required to pay for your daughter's college education by way of the final ... | |
| stepparent adoption of 18 year old | 8/9/2011 |
| Q: I recently married and my daughter wants her step-father to legally adopt her at the age of 18. Her ... A: after your daughter reaches 18 years of age her father's consent is no longer needed to terminate ... | |
| Child Support | 8/6/2011 |
| Q: I live in Virginia and the non-custodial parent lives in Florida. I filed for child support (from ... A: If you are utilizing the the services of the state to obtain your child support then it sounds like ... | |
| Decree contempt | 7/30/2011 |
| Q: This isnt in Florida, but Im gonna ask anyway. I divorced in 2010 and moved to New York. I ended up ... A: it is readily established that obligations arising from a dissolution of marriage that are ... | |
| children | 7/27/2011 |
| Q: My boyfriend moved in with me and my family, the mother of his 3 children agreed to drop them off ... A: if there is an existing order establishing your boyfriend's child support obligation and a parenting ... | |
| What is admissible in court | 7/27/2011 |
| Q: Are letters from third parties such as, psychologists, school teachers and therapists admissible as ... A: such reports are not admissible under the hearsay rules. I hope this information was helpful to ... | |
| rights | 7/25/2011 |
| Q: I was married recently and my husband owns the home we live in currently, Also, another woman's name ... A: that depends upon how the property is tilted. If it is titled joint owners with right of ... | |
| Support & Arrears | 7/23/2011 |
| Q: My question is, How do you stop enforcement and completely close out child support and all arrears ... A: if you have not accepted social services of any kind for yourself or the child such as aid to single ... | |
| Statute of Limitation on Arrears | 7/19/2011 |
| Q: I have been searching for my ex boyfriend for 13 years, he went by his middle name so the state ... A: generally, in Florida, child support can only be ordered retroactive for a period of 24 months prior ... | |
| I am trying to Modify my Parenting plan. | 7/12/2011 |
| Q: I went to court today and filed a modification to my parenting plan. My daughters father Does not ... A: yes, you will subject yourself to a contempt charge if you change the parenting plan without a court ... | |
| Child Abandonment | 7/9/2011 |
| Q: Good Afternoon, How much time must pass without contact from the child's father to meet the ... A: there is no set time and each case is judged upon it own facts. I hope this information was helpful ... | |
| custody | 7/8/2011 |
| Q: My husband's daughter who will be 18 in November has informed us she would like to live here.( We ... A: your Husband needs to file a Petition to Modify the Final Judgment of Dissolution with Regard to ... | |
| divorce retirement benefit | 7/7/2011 |
| Q: I divorced about 7 years ago from a man who works for a large software company in Redmond WA(guess ... A: much of your question will depend upon whether or not your former Husband was vested in the ... | |
| Moving a Divorce case to a different Court | 7/5/2011 |
| Q: My name is Lori, and my husband filed a case for Dissolution of Marriage with minor child in Belle ... A: a change in the same county is usually not permitted as the clerk assigns the case based upon the ... | |
| my daughter | 6/29/2011 |
| Q: my husband took my daughter who is an American citizen to the Dominican republic.it was only ... A: until such time as there is an ordered Parenting Plan either parent may take a child anywhere they ... | |
| Paternity | 6/28/2011 |
| Q: I’d be very grateful for any comment on this. My young adult son had a brief sexual relationship ... A: Sorry but I do not know the legal effect or admissibility of a home DNA test result within your ... | |
| Current Order Clarification | 6/26/2011 |
| Q: I currently have a shared parenting plan in Orange County, FL. I am not necessarily trying to change ... A: you will want to file a Motion for Clarification. I doubt there will be a form specifically for such ... | |
| Visitation | 6/24/2011 |
| Q: About a year ago my brother and his girlfriend broke up. She later finds out that she is pregnant. ... A: as you are aware I cannot speak to NY law but I can advise you that based upon what you have stated ... | |
| Appeal/options | 6/23/2011 |
| Q: I have a divorce case that is currently in brevard county Florida. I say currently because as of ... A: if you had a court reporter at the hearing or it was otherwise recorded and the court did not take ... | |
| Summer Vacation | 6/17/2011 |
| Q: As per our final court order, I have my children for the summer. The only stipulation regarding ... A: if you have shared parental responsibility then both parents are required to advise the other of the ... | |
| my childs rights | 6/11/2011 |
| Q: I just have a quick question. My daughter's father has been in prison since 1998. We are struggling ... A: unless the father has a income stream from some source you daughter unfortunately will have to wait ... | |
| marrying but being prepared for divorce | 6/11/2011 |
| Q: Bachert. I would like to marry my girlfriend, but I also want to be prepared for divorce if it ... A: you answered your own question here. Have a family law attorney familiar with the the requirements ... | |
| Visitation over summer | 6/10/2011 |
| Q: My ex husband I live in Florida and he has only been seeing his 2 children 1 - 4 days of the month ... A: If you can confirm and prove that he is only available to personally care for the children during ... | |
| child custody | 6/7/2011 |
| Q: I have a friend that lives here in Missouri, however, he has a divorce pending in Palm Beach, FL. ... A: If her last place of residence was Florida and it is her intent to remain a resident of Florida then ... | |
| Abandonment and Adoption | 6/5/2011 |
| Q: I got divorced in 2004 but haven't heard from my son's "father" since 2006 and he hasn't paid a dime ... A: You will file the adoption and specifically allege within that Petition the biological father's ... | |
| child custody | 6/3/2011 |
| Q: I have a friend that lives here in Missouri, however, he has a divorce pending in Palm Beach, FL. ... A: Palm Beach county circuit courts do not issue a standing order establishing parental responsibility ... | |
| Child custody | 6/1/2011 |
| Q: I live in FL and have a 3yr old. He father and I were never married. He is on her birth certificate, ... A: Florida's relocation statute applies to orders entered before October 1, 2009, if the existing order ... | |
| Abandonment and Adoption | 5/28/2011 |
| Q: I got divorced in 2004 but haven't heard from my son's "father" since 2006 and he hasn't paid a dime ... A: you have been misinformed on both accounts. There is no automatic or even presumed abandonment ... | |
| Sleeping Arrangements | 5/27/2011 |
| Q: Good morning Dan, I have a question regarding sleeping arrangements. Currently, I reside with one ... A: while it may not represent the best situation in the face of a viable alternative there is no legal ... | |
| divorcing and homeless | 5/15/2011 |
| Q: Can the judge take my minor children away from me because I'm homeless? My ex to be vandalized the ... A: Ha Carmelita, considering the courts main concern is what is in the best interest of the children ... | |
| Income Deduction Order | 5/11/2011 |
| Q: I have been it through the FSDU and would like to keep it that way. Can I contest this? What would ... A: it will not take much effort to have such an order approved. Generally, if he can show any delay in ... | |
| Can DCF really sue custodial Parent for not suing Non-custodial Parent | 5/9/2011 |
| Q: I am a single Father that has raised 2 boys from birth, I was forced to take a lower paying job and ... A: while I have never experienced such a situation it is possible if you have applied and accepted any ... | |
| Guardian Ad Litem Investigation | 5/8/2011 |
| Q: I received a report from the guardian ad litem working on my child custody case. In it, there are ... A: the guardian ad litem report is a recommendation if there are facts within the report that are ... | |
| Divorce | 5/3/2011 |
| Q: I filed pro se divorce a 13 months ago. We have 12 yr. old. Husband has not paid either child ... A: initially you need to file and schedule a hearing on a Motion to Compel Compliance with Mandatory ... | |
| custody and restraining order questions | 5/2/2011 |
| Q: I will try to be clear and straight to the point. My ex and I dated for 2 and a half years. We ... A: not sure what you mean by custody papers as Florida no longer utilizes that term on any family law ... | |
| divorce | 4/29/2011 |
| Q: I am am pro se in divorce case and we have one child. My husband is has not provided his past two ... A: You can file both your motion for temp. support and the motion for contempt contemporaneously. You ... | |
| divorce | 4/28/2011 |
| Q: I am am pro se in divorce case and we have one child. My husband is has not provided his past two ... A: he is responsible for providing any required document in his possession or control. If he can get or ... | |
| child custody at risk in FL | 4/27/2011 |
| Q: A dear friend of mine is moving into a household with a woman that is recently filed for divorce. ... A: considering that determinations regarding where and with whom a child will reside with a majority of ... | |
| Child Support | 4/17/2011 |
| Q: I am the father of boy and a girl twin children whom I have raised on my own I have a child support ... A: if you have never asked her to pay nor attempted to collect the child support owed for a period ... | |
| Court Requirements | 4/11/2011 |
| Q: I am asking this question for a friend. During his divorce he was awarded their home and she had to ... A: no he cannot be incarcerated. In most instances where a spouse is required to have the mortgage ... | |
| Unpaid Child Support | 4/7/2011 |
| Q: Bachert, My ex-husband moved to Florida in January 1997 in order to avoid paying child support for ... A: if you have consistently and with regularity, at least every few years, attempted to enforce your ... | |
| single parent custody question | 4/7/2011 |
| Q: I am a single parent of a 15 year old boy. I live in Orlando and I made a decision last year to ... A: Neidre, if you are operating without a court order then the possibilities as to what could happen ... | |
| Changing custody agreement/support | 4/7/2011 |
| Q: My husbands currently sees his child every other weekend and pays $300 in child support every month. ... A: the existing parenting plan can be changed by submitting an Agreed Order Modifying the Final ... | |
| Custody to father | 4/6/2011 |
| Q: We are in Duval County, Florida and are taking a divorce to court with 2 minor children. The mother ... A: yes a father can be identified as the parent the children are scheduled to spend the majority of ... | |
| Ex wife's lesbian live in | 4/6/2011 |
| Q: My Ex and I have shared custody of our 3 small children (ages,11,8,6). She has a live in Lesbian ... A: if your Final Judgment and specifically the parenting plan contained therein does not have a right ... | |
| step parents ability to testify on behalf of biological parent or children | 4/6/2011 |
| Q: As a step parent can I testify in a proceeding as to first hand knowledge or direct information of ... A: if you have relevant, personal, first hand information with regard to an action before the court ... | |
| Parenting Plan Violations | 4/5/2011 |
| Q: My situation, i have a deadbeat ex-spouse that does not pay child support and cannot keep a job. She ... A: if you want or need to change the parenting plan then, in Florida at least, you would need to allege ... | |
| response to emergency contempt motion | 4/3/2011 |
| Q: I received a horrible judgement a month ago. The provisions of the judgement can never be met. It ... A: it sounds like Louisiana would have jurisdiction pursuant to the Uniform Child Custody ... | |
| Child Support Arrears & Consideration | 4/1/2011 |
| Q: Our children are now grown and my Ex just Warranty Deeded as Grantor and single, his half of "our" ... A: if you took the property without a title search then you took it with any lien that was attached to ... | |
| contested relocation | 4/1/2011 |
| Q: My ex-husband and I divorced in 2010 in Duval County, Jacksonville, FL. We have two daughter ages 5 ... A: if your MSA requires mediation before filing then you will need to file a Motion with the Court ... | |
| Letting go without Bitterness when Child is Involved | 3/25/2011 |
| Q: I was involved in a relationship with a man for five years. Those five years were very rocky. I was ... A: I'm an attorney not a psychologist or mental health counselor. As a family law attorney my advice ... | |
| Child Support License Suspension OTR | 3/24/2011 |
| Q: I have 2 boys (ages 5 and 12), with my ex-boyfriend, that receive no support from their father. I ... A: you could advise child support enforcement that the arrears have been paid but why would you? He can ... | |
| child custody/divorce | 3/23/2011 |
| Q: My husband and I signed the uncontested divorce paperwork over six months ago, is there a limit to ... A: there is no time limit under which the your "uncontested divorce paperwork" need be filed. However, ... | |
| child support and income tax | 3/23/2011 |
| Q: Would my ex still be eligible to claim the two kids on his income tax return for 2011 (it would be ... A: his alimony arrears should have no effect upon his ability to claim the federal tax exemption for ... | |
| transfer to another state | 3/22/2011 |
| Q: My ex-husband and I both moved to Florida at the end of 2003. Because our divorce (with children) ... A: It is possible that the entire Final Judgment was domesticated by the DOR when they were tasked with ... | |
| Child Abandonment | 3/18/2011 |
| Q: I have two children that were left with there Mother when we broke up, in the state of Florida. ... A: yes “Abandoned” or “abandonment” is defined as a situation in which the parent or legal custodian of ... | |
| Past due child support after prison release | 3/17/2011 |
| Q: In Florida, are you still responsible to pay retroactive court-ordered child support when you come ... A: your husband's child support obligation will continue to be due and owed until it is modified. If ... | |
| Questions regarding Timesharing case | 3/16/2011 |
| Q: My husband is currently going through a custody/timesharing case with his ex whom he was never ... A: the case management conference is designed to allow the court to receive an update on the case from ... | |
| Can I go get my daughter? | 3/15/2011 |
| Q: Does the mother still have all rights to a 4 year old when the father has filed a petition for ... A: until such time as there is an order issued on the Petition for Paternity and Related Relief the ... | |
| military divorce | 3/15/2011 |
| Q: I have just moved back to Florida from Georgia about amonth ago to live with my kids, prior I was ... A: Florida does not have jurisdiction over either party to a divorce until and unless one of the ... | |
| Seeking legal fees | 3/14/2011 |
| Q: I was wondering if there is a time limit for one party to seek legal fees from the other. My ex and ... A: initially he must have requested an award of attorney's fees, in a pleading before the court, at ... | |
| Child Support & Relocation | 3/14/2011 |
| Q: I am the custodial parent of a 9 yo daughter. Her father and I have been divorced for over 5 years. ... A: your former Husband's unemployment compensation is indeed subject to having his child support ... | |
| Visitation in Florida | 3/8/2011 |
| Q: My boyfriend is in the middle of a paternity petition for his son. He has seen him a total of 2 days ... A: your boyfriend should file and schedule for hearing upon the court's uniform motion calendar a ... | |
| Is there a statue of limitation on divorce decrees | 3/5/2011 |
| Q: My Ex after 9 yrs wants to amend a divorce because by court order he takes one child and I the other ... A: yes the final decree may be modified upon a showing of a substantial change in circumstances that ... | |
| Changing Venue | 3/3/2011 |
| Q: Got divorced 5 years ago in California. My ex wife remarried a gentleman on active duty and moved ... A: both California and Virginia would have jurisdiction over the issue. However, the movant has a right ... | |
| child support | 2/24/2011 |
| Q: I lost my job back in July 2010 and haven't been able to pay support since. I have been looking for ... A: if you have requested it the court should order your child support obligation satisfied for your ... | |
| Claiming children on income tax | 2/22/2011 |
| Q: My situation is as follows. The father of my daughter and went to court for child support and the ... A: if he was current in his child support during the years that he was able to claim the tax exemption ... | |
| Child Abandonment filed in Florida | 2/20/2011 |
| Q: My son has a 2 yr old daughter with his ex-girlfriend and she is trying to file abandonment on him ... A: if there is no child support order in effect then the fact that your son has not paid child support ... | |
| Visitation | 2/18/2011 |
| Q: my ex wife has full custody (in a divorce that I defaulted on for the ease of everyone) and will not ... A: if the existing final judgment includes a time sharing schedule and mom is not following it then a ... | |
| Out of state move | 2/17/2011 |
| Q: A job opportunity has come up in Texas that i really want take advantage of , I have the custody of ... A: review Florida statute 61.13001 for answers to your relocation questions and you should not have to ... | |
| Exceptions & Contempt | 2/13/2011 |
| Q: A 12th Circuit Mag. recommended temp order of timesharing on 1/5 of my brother's son. He hadn't ... A: he could call the court of the court liaison and have the exceptions hearing scheduled as soon as ... | |
| Sole/Joint Custody | 2/12/2011 |
| Q: I am filing for a divorce with minors, both parents agree. Their father is allowing the children ... A: Florida no longer use the terms sole custody, secondary custody, primamry parent, custodial parent, ... | |
| Interstate jurisdiction between Florida & Ohio | 2/11/2011 |
| Q: First off, Thank You! I moved to Florida after coming home from my last tour in Iraq. My daughter ... A: yes you need to read and become very familiar with the Uniform Child Custody and Jurisdiction and ... | |
| custody | 2/10/2011 |
| Q: Does physical custody mean you have to provide all physical needs for child? Like clothes etc? A: only while they are in you care. I hope this information was helpful to you, if it was, please do ... | |
| not following court order | 2/9/2011 |
| Q: So about a year and a half ago my Ex stop answering my phone calls and cut off all visitation and ... A: given that a year and half has passed since you last had contact with your son and the original ... | |
| Temporary Modification of Time-Sharing | 2/8/2011 |
| Q: I was divorced in 2008 here in Florida. I currently have the lesser part of a 25/75 visitation ... A: the court does have the power to enter a Temporary Order modifying the parenting plan and should do ... | |
| Changing custody percentages | 2/7/2011 |
| Q: My divorce was final in Florida in 2006 and now I would like to change the child custody part of the ... A: you will need to file a Supplemental Petition for Modification of the Parenting Plan and within that ... | |
| Rights to ex husbands pension | 2/4/2011 |
| Q: I was divorced in 2003 - our divorce decree read that when my husband was electing to take his NFL ... A: yes you need to file a claim against your Former Husband's estate. Seek out the advise of a probate ... | |
| im desperate please advice | 2/3/2011 |
| Q: I have been separated for the last 6 months. After my husband OD he moved out. He's had drug problem ... A: If you are now representing yourself file a Motion to Set the Temporary Relief Hearing advising the ... | |
| Order to Settle Pending Matters Proposal | 1/31/2011 |
| Q: We have spoken several times regarding my pending custody case. My ex had sent our 12 year old ... A: I would suggest that for the purposes of a settlement you calculate what child support he owes you ... | |
| Divorce filed in FL, we have moved | 1/30/2011 |
| Q: My husband filed for divorce in Florida in April of 2010. We have both since moved to different ... A: if you both wish to have the case dismissed in Florida you may do so by filing a Joint Notice of ... | |
| Relocation Issue/Set aside Mediation | 1/26/2011 |
| Q: Mr. Bachert, My boyfriend has been in a year long relocation dispute with his ex. They were never ... A: your chances of overturning a ruling on an order enforcing a mediation agreement are usually pretty ... | |
| relocating | 1/25/2011 |
| Q: I have had several people telling me they cant leave state because of a new law passed in Florida. ... A: if there are children involved and your Final Judgment does not specifically address relocation, ... | |
| Contempt of Court - Child Support | 1/24/2011 |
| Q: I was just served a Notice of Hearing today at work. We have spoken of my case in the past where my ... A: After you file contact the court's Judicial Assistant and see if the court can hear your Motion at ... | |
| Contempt of Court - Child Support | 1/21/2011 |
| Q: I was just served a Notice of Hearing today at work. We have spoken of my case in the past where my ... A: you should file a "Motion to Abate Child Support or in the Alternative to Modify Child Support ... | |
| Parenting Time | 1/20/2011 |
| Q: I will attempt to be brief. My wife and I divorced in December 2008 - My daughter was 22 months - ... A: if I understand the logistics you seem to be suggesting that you should have your daughter every ... | |
| husband living in Mexico | 1/19/2011 |
| Q: I am getting a divorce from my husband who lives in and is a citizen of Mexico. I live in Florida. ... A: you can serve him just like any other individual by personal service. You will need to have a ... | |
| Child support modification disabled child | 1/16/2011 |
| Q: divorced under Fl law 9 years ago, however child support was based upon my income prior to my ... A: you need to file a Motion for Contempt in Florida. You could domesticate the child support portion ... | |
| Relocating with Minor Child | 1/15/2011 |
| Q: my name is Maria. I am a Collier Co, FL resident.Me and my husband are ready to file for divorce. ... A: you need to review Fla. Stat. 61.13001. It should answer most of the questions you have regarding ... | |
| Child custody | 1/13/2011 |
| Q: I am seeking more time with my 2 year old son who lives with the mother and his brother who is 7. We ... A: If I understand your current time sharing plan you have every weekend from Sat. until Sun morning ... | |
| Child Support Guidelines | 1/11/2011 |
| Q: I am filling out the last of the paperwork, before I can schedule a hearing for custody of my ... A: Florida no longer utilizes the terms primamry custody, primary parent, secondary parent, or ... | |
| Constructive Service | 1/7/2011 |
| Q: I am filing divorce papers on my own. My spouse has lived in another state for 11 years. I know ... A: if you know your spouses address then you cannot serve him by constructive service. You will need to ... | |
| Abandonment and Adoption | 1/6/2011 |
| Q: My ex-husband and I met in March of 2005. We found out we were pregnant in June and had our first ... A: you will need to go to court to do both but being as it will be a step parent adoption you can have ... | |
| alimony modification | 1/5/2011 |
| Q: I have been divorced just over 2 yrs and was married for 19 yrs. My ex is requesting alimony ... A: the fact that you are living with your paramour is enough to bring the case and defeat any Motion to ... | |
| Divorced parents/who is guarantor when bringing child for medical services | 1/5/2011 |
| Q: When a divorced parent brings thier minor child to a medical facility for treatment, who should be ... A: in general the parties' Final Judgment of Paternity or Dissolution of Marriage will designate each ... | |
| Divorce | 1/4/2011 |
| Q: I married in Cuba about 9years but then separated shortly after and came to the U.S and my "wife" ... A: your Wife need not sign for a divorce in Florida. You will need to file a Petition for Dissolution ... | |
| Latches | 12/30/2010 |
| Q: I will give you the abridged version of my case. I am currently in litigation with my ex. She is ... A: The latches defense is applicable where the respondent and the petitioner are both aware that the ... | |
| Change of Venue | 12/28/2010 |
| Q: Me and my ex-husband got a divorce in 2007. Our divorce and custody of our two boys was done in CA. ... A: wait until if and when your former husband files an action in NV and then if he does files nothing ... | |
| Latches | 12/27/2010 |
| Q: I will give you the abridged version of my case. I am currently in litigation with my ex. She is ... A: if you filed a notice of exception then you have already filed an appeal to the magistrates ... | |
| Divorce with minor children | 12/27/2010 |
| Q: My husband had his divorce finalized a few years back. In the divorce papers she was allowed to move ... A: if the exact language of the stipulation requires the former wife to bring the children to Florida ... | |
| Extracurricular expenses | 12/22/2010 |
| Q: My husband`s ex wife enrolled her/our daughter into a VERY expensive extracurricular activity ($1000 ... A: if your Husband's final judgment does not specifically address the payment of extra-curricular ... | |
| Supervised Visitation | 12/21/2010 |
| Q: My 9 month old daughters father lives in another state. While I was pregnant I found out several ... A: if you were not married to the father at the time of the conception or birth of the child and the ... | |
| Out of state custody | 12/20/2010 |
| Q: The mother of my daughter is suing for custody. I've had my daughter residing with me for 6 months. ... A: as I can only comment/advise regarding Florida Family Law you would be well advised to seek the ... | |
| abandonment | 12/19/2010 |
| Q: i was wondering what the florida law was on child abandonment? i have daugther that will be turning ... A: abandonment can be shown by lack of contact, financial support or any other fact that suggests that ... | |
| Step-parent Adoption | 12/19/2010 |
| Q: My husband and I filed for a Step-parent adoption, and out hearing was heard over a month ago. How ... A: there is no time limit in which the court must make its ruling. Depending upon the judge and the ... | |
| abandonment | 12/18/2010 |
| Q: he came last september but after that he decided to leave me,what action can i do when he stops ... A: file a Petition for Dissolution of Marriage and make a request for temporary and permanent spousal ... | |
| Child Custody plan | 12/17/2010 |
| Q: My daughter and her husband have lived with us for the last 8 months. They have a 2yr old child. ... A: your daughter either needs to file a Petition for Dissolution of Marriage requesting therein that ... | |
| Petition for Modification of Parenting Plan and Other Relief | 12/13/2010 |
| Q: All paperwork has been submitted to the PBC clerks office, with the exception of my ex's financial ... A: if there is a form for a Motion it would have the title Motion at the top and that would be about ... | |
| Child Support | 12/10/2010 |
| Q: I'm 21 years old and I just recently found my father whom I've never seen or met. We've been talking ... A: it would depend upon the state your in but in Florida we have the defense of Latches which would ... | |
| child custody/ relocation | 12/9/2010 |
| Q: My daughter has a 10 week old baby and is not married to the father. She did not put the father on ... A: as Florida has jurisdiction over any paternity action that the Father may file while the child is ... | |
| Please help me!! | 12/9/2010 |
| Q: I currently reside in Florida and because of dire financial reasons I need to relocate to Virginia. ... A: file a Petition for Relocation and request by motion a temporary order permitting the relocation ... | |
| Florida Statute 61.13001 | 12/9/2010 |
| Q: My ex wife has custody of our 4 year old son.A year and a half ago she had a mediation agreement and ... A: you can petition the court for an injunction preventing her from relocating without approval of the ... | |
| child custody question | 12/8/2010 |
| Q: I am currently active duty military. I am separating in April 2011. I have a son and he lives with ... A: unless there was some emergency, to the extent that you could show physical harm to your son, it is ... | |
| divorce when one is in Florida and the other out of state | 12/8/2010 |
| Q: I have a friend whose husband physically abused her and she now wants to divorce him. She basically ... A: in general she will need to reside in a state for at least 6 months before she could file for a ... | |
| extended family member | 12/7/2010 |
| Q: I am the stepparent of a six year old little girl. I am currently seperated from her father. Under ... A: Pursuant to what statute? If you are referring to a family member within the third consanguinity of ... | |
| abandonment | 12/7/2010 |
| Q: If parents have supervised visitation with their child and do not pursue that visitation order is ... A: yes that would appear to establish abandonment. However, it must also be shown that the parent had ... | |
| extended family member | 12/7/2010 |
| Q: I am the stepparent of a six year old little girl. I am currently seperated from her father. Under ... A: if you are a stepparent then you have standing to file a Petition for Stepparent Adoption. However ... | |
| Amending Proposed Parenting Plan | 12/5/2010 |
| Q: I am thinking about changing the time-sharing in the parenting plan I submitted to the courts ... A: if you want to amend your Petition you can do so at any time before it is responded to but then you ... | |
| New Durational Alimony | 12/3/2010 |
| Q: I filed for divorce on April 18, 2009. The trial was on May 5, 2010. The judge only just issued ... A: your action was pending as of July 1, 2010 as there had not been an order issued until 12/1/10 in ... | |
| child support | 11/18/2010 |
| Q: I was recently divorced and my ex-husband was ordered to pay 400.00 a month to me for our son for ... A: you will need to file a Motion for Contempt and at the hearing on your Motion prove to the court ... | |
| Florida Statue 61.21.(4)(5)(9) | 11/15/2010 |
| Q: the judge in our paternity case on 1/29/2010 did a final judgment/order. On 2/12/2010 I appealed the ... A: Fla. Stat. 61.21 (5) provides in part that for paternity actions, unless excused by the court, the ... | |
| divorce | 11/12/2010 |
| Q: If my spouse was permanently deported to Colombia and i dont know how to reach him. How do i file ... A: you can have him served by substitute service through a posting in the legal classifieds section of ... | |
| My son was ordered no contact with his son | 11/12/2010 |
| Q: In Aug.of 09 my son was ordered no contact with his son due to lets say a toxic relationship that ... A: the Judge should have issued an order of some kind even if your son's request was denied. If not he ... | |
| visitation | 11/12/2010 |
| Q: I was married and divorced in Virginia. I remarried and now live in Florida due to military orders ... A: no you do not need to send your daughter out of the country for the father's summer time sharing. ... | |
| Cell phone records | 11/12/2010 |
| Q: My wife and I are in an unhappy relationship and might opt for divorce if things don't improve. We ... A: if the attorney can show to the court that the records are relevant to the case pending or likely to ... | |
| Jurisdiction/Relocation | 11/11/2010 |
| Q: Lon story short! My wife and I live in Florida. Been married for two years. Things been up and down ... A: it sounds like your doing what your supposed to do. Make sure that your Ohio attorney knows about ... | |
| Child relocation when 1 parent is incarcerated | 11/11/2010 |
| Q: My son's mother is currently incarcerated for a year and I want to relocate. I sent the certified ... A: initially you need to be aware that a letter or Notice of Relocation is no longer the proper ... | |
| Child support and child name change | 11/11/2010 |
| Q: I have a 10 month old and his father is not on the birth certificate( I never got it) however i do ... A: just because you did not get a birth certificate does not mean that the state's vital statistics ... | |
| supervised time sharing | 11/10/2010 |
| Q: the father's visitation with the child should be supervised by clinical psychologist, but he is ... A: in all likelihood if supervised time sharing is required under the facts of the case the court will ... | |
| Contempt/Purjury/Divorce | 11/9/2010 |
| Q: We were divorced in July and I was awarded 50% of pensions, but my ex spouse did not pay. I filed ... A: most awards for pension payments are done through a Qualified Domestic Relations Order (QDRO) which ... | |
| Submission of documentary evidence | 11/9/2010 |
| Q: What is the proper procedure to submit documents, i.e., emails, letters, pictures, into evidence? A: you must prove the documents authenticity by having the custodian or creator of the record testify ... | |
| Exclusive Occupancy Agreement | 11/9/2010 |
| Q: I live in NY state. My wife and me are divorcing through a mediation agreement. We have agreed that ... A: sorry but I do not know where you could find such a sample. However be wary of using such documents, ... | |
| decree amendment | 11/9/2010 |
| Q: My ex-wife and I got a divorce in 2005 and filed a plan decree. An agreement of the decree was that ... A: yes you can both execute an Agreed Order Modifying the Final Judgment and make any changes you wish ... | |
| Child Abandonment | 11/8/2010 |
| Q: My brother is currently in prison in Florida. His girlfriend gave me their almost 2 year old back in ... A: it would be my opinion that jurisdiction over the child would now be in NC. The remainder of your ... | |
| Child support | 11/8/2010 |
| Q: I've been paying to support my stepchildren since their father doesn't seem to have the decency or ... A: yes two things in fact. The first would be a Motion for Contempt with regard to the health insurance ... | |
| child support changes | 11/8/2010 |
| Q: Because my exhusband receives social security disability benefits, our son receives a monthly check ... A: it could very well be correct. However, that change in circumstances would warrant a change of the ... | |
| termination of mothers parental rights | 11/6/2010 |
| Q: How does my husband terminates his daughters biological mothers rights? I wish to adopt her in the ... A: you would do so through the process of a stepparent adoption which will allow you to terminate the ... | |
| Time Sharing/Abondonment | 11/5/2010 |
| Q: My boyfriend is divorced and has shared custody with timesharing of every weekend, holidays, etc... ... A: your boyfriend needs to File a Petition to Modify the Final Judgment with regard to the parenting ... | |
| Family law | 11/4/2010 |
| Q: My fionce and I are wanting to get married in january he is in the military. i have a child custody ... A: if the relocation contemplated is over 50 miles from where you currently reside and there is an ... | |
| child custody | 11/2/2010 |
| Q: I live in fla with my boyfriend he has become very verbally abusive towards me i am from ny and ... A: if there is no standing order regarding time sharing or establishing a parenting plan then you are ... | |
| Partial Custody/Visitation | 11/1/2010 |
| Q: My daughter's father has filed a partial custody/visitation case. The initial conference has been ... A: I would advise that you wait until the court orders the paternity test. I hope this information ... | |
| visitation | 10/31/2010 |
| Q: i am legally divorced from my wife.we had one child 12 years ago i pay support but she lives in ... A: if the divorce was finalized in Florida then jurisdiction would remain here and you would be ... | |
| father in a situation | 10/29/2010 |
| Q: i am a divorced father, my sons mother wants to put him into an expensive day care that i can not ... A: George, if you have shared parental responsibility then you would have a say in which day care the ... | |
| Domestic Abuse in Front of Children | 10/28/2010 |
| Q: I had spoken to you several times last week regarding my situation. I have filled out the court ... A: you can simply allege that the children have been exposed to domestic violence that has occurred ... | |
| Intent to Relocate Notification | 10/28/2010 |
| Q: My ex and I were divorced here in FL 3 years ago and he moved three hours away from his son. He ... A: the requirement of the Notification of Relocation is no longer applicable and you must instead file ... | |
| Motion for Default in Divorce | 10/26/2010 |
| Q: I filed motion for default based on wording of Florida form 12.922(b)specifically because I was not ... A: Yes, you can file a Motion to Compel, requesting that the opposing party comply with the filing ... | |
| child support | 10/22/2010 |
| Q: I made a mistake and slept with my ex husband. I got pregnant. He knows about the baby but he does ... A: child support can be granted retroactive back to 24 months prior to the date you initially file your ... | |
| Motion for Default in Divorce | 10/22/2010 |
| Q: I filed motion for default based on wording of Florida form 12.922(b)specifically because I was not ... A: yes the clerks actions are correct. The Clerk is only permitted to Notice a Clerk's Default if no ... | |
| Is a divorce decree a contract ? | 10/21/2010 |
| Q: In the divorce i settled for a small amount of child support because of my wives temporary financial ... A: only if the Final Order required her to provide to you some proof of her income at set intervals of ... | |
| CHILD CUSTODY | 10/19/2010 |
| Q: My ex husband has primary custody of our 9 year old and 11 year old daughters. He has kicked out ... A: You could file a Motion for the Temporary Abatement of the child support as ordered until you are ... | |
| Emergency injunction for full custody | 10/19/2010 |
| Q: My ex-husband and I share joint custody of our two year old daughter. My ex was arrested for grand ... A: you can file for an emergency injunction but it is not overtly clear what the actual emergency is. ... | |
| Does he have first right of refusal? | 10/15/2010 |
| Q: I live in WA State. Our parenting plan does not specify anything about first right of refusal. I ... A: he will have the right to refuse to deliver the children to your sister but he can not make her give ... | |
| property left behind | 10/14/2010 |
| Q: if my husband moved out a year ago, although we stayed in contact for my 2 year old daughter,can he ... A: that would depend upon who told him to remove his belongings. If it was court ordered and you were ... | |
| CHILD CUSTODY | 10/14/2010 |
| Q: My ex husband has primary custody of our 9 year old and 11 year old daughters. He has kicked out ... A: you will be required to continue to pay the ordered child support until such time as the order ... | |
| jurisdiction | 10/14/2010 |
| Q: Long story short , I have a friend that has a wife that filed for divorce back in 2008 in Florida ; ... A: jurisdiction can be in either California or Florida. The information he received regarding his ... | |
| opposing party duty to respond to modification of timesharing | 10/12/2010 |
| Q: My husband filed a motion to modify timesharing (parenting plan) to have the visitation schedule ... A: a party is not required to file or provide any financial discovery unless it is relevant to action ... | |
| Response to a Contempt Motion | 10/10/2010 |
| Q: My ex-wife file a Contempt Motion against me claiming I am in arrears in my child support. Which ... A: in Florida responses are not required to be made to Motions. However, if you filed one that is ok as ... | |
| My husband took my daughter and won't allow me to see or speak to her or to return home | 10/8/2010 |
| Q: My husband and I have been married since June of 1999. He was active duty air force from March of ... A: you answered your own question simply go to the court house and file your own Petition for ... | |
| your answer to visitation | 10/7/2010 |
| Q: Can you tell me what case or cases that might be? A: the case is Gorman v. Gorman. I hope this information was helpful to you, if it was, please do me ... | |
| Refuse To Give Back Children | 10/7/2010 |
| Q: I am the legal bio-mother of a 15 year girl and 12 year boy. They have always been homeschooled ... A: you have two choices here as I see it, one: file a Petition with the family court for the issuance ... | |
| Exceptions to the General Magistrates report and recommendation | 10/5/2010 |
| Q: The case is in hillsborough co. Basically there was a hearing before the gen magistrate. We didn't ... A: you have not requested a rehearing through the process of filing exceptions to the magistrates ... | |
| Can't see me Child | 10/3/2010 |
| Q: My girlfriend and I have been broken up since March 26, 2010 when she kicked me out.She filed for ... A: You need to file a Petition to Establish Time Sharing and Parental Responsibility unless a time ... | |
| motion,request, or petition? | 10/2/2010 |
| Q: There is a disagreement between me and my ex's attorney as to the exact orders of the Judge. The ... A: sounds like a Motion for Clarification would be proper. I hope this information was helpful to ... | |
| Right of refusal | 9/30/2010 |
| Q: We have a right of refusal clause in a child order for my year old daughter which states if I am ... A: if the right of first refusal applies based upon the time requirements,4 hours, then he can demand ... | |
| Exceptions to the General Magistrates report and recommendation | 9/30/2010 |
| Q: The case is in hillsborough co. Basically there was a hearing before the gen magistrate. We didn't ... A: there is no standard form that I am aware of. We file a Notice of Exceptions and list what our ... | |
| wife leaving with kids | 9/28/2010 |
| Q: My husbans and his exwife have joint custody. The children (ages 13 & 11) live with her. She is ... A: if your in Florida review Fla. Stat. 61.13001 for whats required when a parent wishes to relocate. ... | |
| CIVIL CONTEMPT | 9/28/2010 |
| Q: I had an emgergency pick up for my son in March/10. My ex boyfriend(never married) would not let me ... A: a warrant could be issued for your arrest and the return of the child to Florida. I hope this ... | |
| Support | 9/27/2010 |
| Q: I am a teacher and have child support deducted from my pay check; however, in the summer time, I ... A: if she files a motion for contempt and proves that you have the ability to pay the child support ... | |
| contradicting orders | 9/23/2010 |
| Q: My ex lost in a visitation battle. She wanted no contact the judge granted therapeutic visits then ... A: with regard to DCF you should cooperate with them in their investigation. DCF cannot suspend your ... | |
| QDRO | 9/23/2010 |
| Q: I had went through divorce which became final approximately 5 years ago. Her lawyer was assigned the ... A: there is no statute of limitations but depending upon the amount of time that passes the defense of ... | |
| relocation | 9/21/2010 |
| Q: I live in florida. My children's father and I have been separated for almost 2 years now, because of ... A: you are not legally prevented from relocating with the children. However, if he files a Petition to ... | |
| Venue trnsfr. | 9/21/2010 |
| Q: My divorce has been going on for two years. I was just notified that my home will go up for auction ... A: you could file a motion requesting such a transfer but if the other party does not agree it is ... | |
| Can the courts locate a US citizen father who is living | 9/20/2010 |
| Q: Can the courts locate a US citizen father who is living abroad to establish paternity in Florida, if ... A: this is not the court's responsibility but rather the responsibility of the other party wishing to ... | |
| How long to comply with a court order? | 9/20/2010 |
| Q: My ex was ordered to attend therapeutic visitations. I called the therapist and a week has gone by ... A: if the order does not indicate a time certain within which your ex is to comply with the order then ... | |
| Proximity and Child Custody | 9/18/2010 |
| Q: I live quite a distance away from my kids and for the last 1.5 years have been cut off from them ... A: generally parents that reside within 45 miles of each other would avoid any detrimental proximity ... | |
| Temporary Emergency Custody by Extended Family | 9/17/2010 |
| Q: If an Temporary Emergency Custody Order has no date, and the Judge reserved jurisdiction in Fl., can ... A: your question and its answer would be determined under the Uniform Child Custody Jurisdiction And ... | |
| Support modification | 9/17/2010 |
| Q: I had a hearing 2 days ago for child support modification which was granted and by a substantial ... A: you can prove it by getting his pay records from his employer via a subpoena to the employer or ... | |
| Family law | 9/16/2010 |
| Q: I received a phone call from a man I previously had relations with, wanting to talk. He claimed that ... A: there is nothing to do until and unless the purported father files a Petition to Establish ... | |
| steparent adoption | 9/15/2010 |
| Q: I have a 6 year old stepdaughter. My husband and her birth mother took off together 3 and a half ... A: yes your Husband's consent to the adoption can be waived where it is shown that he has abandoned the ... | |
| visitation | 9/10/2010 |
| Q: I met my husband and his daughter when she was 2 yrs old. We decided to go to court together to ... A: you are correct there is no statutory laws providing for time sharing for individuals in your ... | |
| Spouse Violating Agreement | 9/10/2010 |
| Q: I was divorced in FL and we currently fall under the FL shared parenting agreement. My ex will not ... A: it sounds as if you would have grounds to file a Motion for Contempt as well as Petition for ... | |
| Child Last Name Laws | 9/9/2010 |
| Q: I am 20 years old and currently expecting a beautiful baby in March, me and the father were on great ... A: yes the father can petition the court and request that the child be recognized by his sir name. I ... | |
| FL divorce & custody | 9/8/2010 |
| Q: Wife is holding up the divorce. She won't take the required FL parenting course. I am seeking sole ... A: with regard to your wife not completing the Parenting Course you will need to file a Motion for ... | |
| cps and divorce | 9/8/2010 |
| Q: Can CPS force a couple to get a divorce? A: no but they can remove a child from both parents if one is found to be a danger to the child and the ... | |
| divorce | 9/6/2010 |
| Q: I was just curious as to whether or not a divorce can be completed from start to finish - without ... A: yes a dissolution can be completed without direct contact between the parties. However, at least one ... | |
| Where to file? | 9/6/2010 |
| Q: My diverce was filed and finalized in Miami Dade and now I want to file a motion for contempt of ... A: you need to initially file the action in Miami/Dade and then if both parties agree you can transfer ... | |
| Relocation out of state | 9/2/2010 |
| Q: I filed a Notice of intent to relocate and the non-custodial parent DID NOT respond within the time ... A: there is a possibility that the court could order the return of the children based upon two factors. ... | |
| custody unwed parents | 9/2/2010 |
| Q: my ex and I who never married have 2 kids 11 and 6 he is on birth certificate, we have lived togther ... A: as long as the father is listed on the children's birth certificates then he has the same rights to ... | |
| legal rights to child support | 9/1/2010 |
| Q: I am 24 and my father is back due a large amount of child support. Do I have any legal rights to ... A: as long as the child support was ordered through the court then you should have standing to enforce ... | |
| divorce and alimony award | 8/29/2010 |
| Q: I am on SSDI due to brain surgery years ago resulting in cognitive impairment and amnesiac ... A: entitlement to alimony in Florida is based upon the receivers proved need for the alimony and the ... | |
| Repayment of medical expenses/lien on house | 8/27/2010 |
| Q: My question is it was agreed that my ex husband would pay 1/2 of the medical expenses after $240.00 ... A: Florida law mandates that a parent may only claim a child as a dependent, for tax exemption ... | |
| Internation divorce between U.S and Vietnam | 8/23/2010 |
| Q: I am a u.s citizen and 2 yrs ago, I went to Vietnam and married a guy over there. Marriage cert ... A: if you have resided in Florida for a period exceeding 60 days you can file for divorce here but you ... | |
| Abandonment | 8/23/2010 |
| Q: My roomate has been divorced for 4 years from her xhusband. they share custody of the kids. They ... A: any agreement regarding a change of residence for the children needs to be in writing and needs to ... | |
| Florida Statute 61.13001 | 8/23/2010 |
| Q: I have a question about Florida Statute 61.13001 in regards to my wife's attorney and her. She filed ... A: In all likelihood your emergency motion will be denied unless you alleged some immediate physical ... | |
| termination of child support | 8/20/2010 |
| Q: In FL, Can a father get his child support terminated if the 17 year child still lives with his ... A: based upon the settlement agreement language you have quoted I believe the father would not be able ... | |
| How to have Father give up Parental Rights? | 8/18/2010 |
| Q: This is a bit complicated, however, I will try and make it brief. I lived in Florida when I had my ... A: Seek the advice of a local Family Law attorney. The attorney you spoke with clearly is not familiar ... | |
| How to have Father give up Parental Rights? | 8/18/2010 |
| Q: This is a bit complicated, however, I will try and make it brief. I lived in Florida when I had my ... A: in general it is against Florida's stated public policy to allow, even by agreement of the parties, ... | |
| SUMMER/SCHOOL VISITATION | 8/9/2010 |
| Q: I am at a loss on weekends, Thursday evenings, and extended summers. In my decree, parents living ... A: that passage means that the extended summer schedule controls the time sharing and the regular ... | |
| arrearages paid prior to divorce | 8/5/2010 |
| Q: My question is that I have been separated for two years and have been paying child support in way of ... A: generally any receipts you can provide showing funds spent on the children could be considered as a ... | |
| arrearages | 7/8/2010 |
| Q: I am no longer required to pay child support (ongoing) to my ex as my son has turned 18 and been ... A: I hope you kept a copy of the letter. In general, if you where seeking a reduction in child support ... | |
| Child support termination | 7/7/2010 |
| Q: In March 2004 my ex husband’s child support was modified upward to 550.00 for two children. Since ... A: lets address your questions as asked. I received a petition from his father stating a substantial ... | |
| Child Support | 7/7/2010 |
| Q: I have been paying my child support by automatic deduction from by paychecks for the past 17 years. ... A: You were never required to issue your ex "that check" you would not have been late in child support ... | |
| child support | 7/6/2010 |
| Q: If I have a case but my child wont begin daycare until after;will the judge still take it in to ... A: the costs of the daycare will have to be incurred before it can be added into the child support. I ... | |
| Respondent refuses to sign | 7/6/2010 |
| Q: My best friend got divorced after 6 years of marriage. During the marriage, he refused to work ... A: your friend cannot serve him by certified letter. He must be personally served with notice buy a ... | |
| Child Support "Fees" | 7/5/2010 |
| Q: I have been paying my child support by automatic deduction from by paychecks for the past 17 years. ... A: why would you pay double child support when you have already paid it. You ex apparently received ... | |
| credit for child support | 7/5/2010 |
| Q: in florida can I get credit on child support last year I had our daughter from march 3, 2009 to ... A: that depends upon whether or not the case pending is one to establish child support or if there is ... | |
| Living Together | 7/3/2010 |
| Q: Dan, I would like to know if the mother has a live in boyfriend, can they sleep together while ... A: no such law in Florida. If you challenged the situation by Motion it would be decided based upon the ... | |
| Child living in a detached unit | 6/30/2010 |
| Q: I have a detached mother-in-law unit (a/c bathroom, shower, huge bedroom) that we have fixed up that ... A: I am aware of no Florida statute preventing such an arrangement. If this is a concern involved in a ... | |
| Too many to list | 6/30/2010 |
| Q: My daughter is involved with a man who has been separated from his wife for more than four years. ... A: if the mother is not caught during the commission of an illegal act then your daughter will need to ... | |
| Armed Forces child support re-calculation due to newborn | 6/28/2010 |
| Q: My husband is in the Armed Forces and is currently paying child support for two minor children, with ... A: I will address your questions as asked. I was wondering if asking for a re-calculation on the ... | |
| I desperately need help! | 6/28/2010 |
| Q: Greetings, My name is James and I recently went through a bad breakup with my girlfriend of 7 ... A: your one and only option is to file a Petition to Establish Paternity with Related Relief. Within ... | |
| Civil Contempt | 6/26/2010 |
| Q: After being divorced since 1999, I had decided to go through with a modification of child support. ... A: of all the actions/allegations you mention only one of the actions will be before the family court ... | |
| receipts for child expenses | 6/22/2010 |
| Q: I am curious as to the time frame for which the custodial parent has to submit the receipts for ... A: unless the Final Judgment states otherwise there is no limit on the amount of time in which ... | |
| abandonment of child? | 6/22/2010 |
| Q: I have had my boyfriends 2 sons age 7 and 12 for the past 6 years in Florida with both of us. The ... A: Yes it all holds value but until there is an order establishing a parenting plan either parent has ... | |
| Urgent Question!!!! | 6/22/2010 |
| Q: here is my issue! i'm 19 years old and i'm 8 months pregnant i got married may 9 2009(so lil over a ... A: unless there is someone else willing to adopt the child and share parental responsibilities with you ... | |
| Question about child parenting plan. | 6/21/2010 |
| Q: For some reason, the parenting/visitation agreement that my ex-wife's attorney drew up was signed by ... A: as an initial observation you should be aware that the Judge does not sign a parenting/time sharing ... | |
| dwelling for kids | 6/17/2010 |
| Q: Good day, I am currently going through litigation over the visitation of my two teenaged kids. ... A: there is no statutory law requiring specific sleeping accommodations for children however, it could ... | |
| Supervised Visitation | 6/17/2010 |
| Q: My ex and I have a 5 year old boy and we're now in family court disputing custody . At this point, ... A: in general a court will only order supervised time sharing where there is a shown danger to the ... | |
| Child Support | 6/16/2010 |
| Q: I currently have a child support case against my kids father because I had to get assistance in the ... A: if you have accepted state assistance then the state can obtain and enforce an order of child ... | |
| abandonment of child? | 6/14/2010 |
| Q: I have had my boyfriends 2 sons age 7 and 12 for the past 6 years in Florida with both of us. The ... A: if the biological mother has continued a pattern of contact with the children and is paying her ... | |
| Can you amend a motion for rehearing? | 6/11/2010 |
| Q: My lawyer filed and served the motion for rehearing within 10 days of the final judgement. In the ... A: Florida Rules of Civil Procedure allow a party to amend a pleading at any time before a responsive ... | |
| court order | 6/11/2010 |
| Q: In 2003 I was ordered to take a psychosexual evaluation before I could have visitation with my son. ... A: you could be if your case is in Idaho. However, that is not controlling law in Florida the ... | |
| Mississippi child custody for unwed parents | 6/10/2010 |
| Q: My daughter has 2 daughters one is 5 yrs and the other is 5 months. My daughter has never been ... A: you need to seek the advice of a Mississippi family law attorney. Each state has its own particular ... | |
| Custody question | 6/9/2010 |
| Q: I want to divorce my wife but i am involved with another woman. My wife does not know but if she ... A: when deciding which parent the child should reside with for the majority of the time one of the ... | |
| divorce | 6/9/2010 |
| Q: Is there a time limit on filing an order for attorney fees after the hearing? My daughter's hearing ... A: if an award of attorneys fees was made. The attorney would submit a proposed order to the Judge and ... | |
| visitation | 6/8/2010 |
| Q: I live in Tennessee and have primary custody of my son. The father recently moved to Florida and my ... A: Florida will recognize the orders of any other state in the union. I hope this information was ... | |
| my ex husband wants to see the children after 2 years of absence | 6/8/2010 |
| Q: I will try to keep this short. I am divorced for 6 years now. My mariage could be described as ... A: If you are going to deny him is ordered contact and time sharing rights then you must have a ... | |
| Attorney fees | 6/8/2010 |
| Q: If an ex-spouse is in violation of a court order in great length regarding time sharing,etc... Can ... A: Yes, attorney's fees and costs can be awarded as a sanction for contempt regardless of each parties ... | |
| Family Law | 6/7/2010 |
| Q: I was married and divorced to my ex in Palm Beach County FL. We had 2 children in that marriage, ... A: the first thing that you need to do is domesticate the Final Judgment in North Carolina and ... | |
| Child Support | 6/7/2010 |
| Q: How can I get more child support? I have a six year old son, and a six year child support case ... A: my only advice to you would be to hire private counsel. There are ways to prove the income of a self ... | |
| Custody/Child Support Question | 6/7/2010 |
| Q: My boyfriend has a 6 year old son from a previous relationship. Ever since his son's birth, the ... A: if the parents have established and have been following a substantial shared parenting plan (i.e. a ... | |
| How difficult would it be for a man to get custody of his | 6/6/2010 |
| Q: How difficult would it be for a man to get custody of his daughter that is a new born that is a ... A: can't speak to what would occur in UK but here in Florida such issues are decided based upon the ... | |
| my ex husband wants to see the children after 2 years of absence | 6/6/2010 |
| Q: I will try to keep this short. I am divorced for 6 years now. My mariage could be described as ... A: if there is a standing order granting time sharing then the father is entitled to that time sharing ... | |
| First Right of Refusal | 6/4/2010 |
| Q: In my divorce agreement #8 her attorney added a statement that says the mother shall have the first ... A: right of first refusal when? If you can cant care for him or when your going to be out of his ... | |
| Time-Sharing Modification | 6/4/2010 |
| Q: My ex-wife and I have a current order for time sharing for our three daughters. I'm supposed to get ... A: sounds like you have standing to file a Petition for Modification of the Final Judgment the language ... | |
| Child custody | 6/4/2010 |
| Q: I've was just recently divorced, non-contested, and was able to get joint custody of my 5 year old ... A: you can file a Petition for Modification of the Final Judgment at any time you can show an ... | |
| Can a court order a mother to make her daughter visit her father in prison once or twice a month? | 6/3/2010 |
| Q: Can a court order a mother to make her daughter visit her father in prison once or twice a month? ... A: can't comment upon what could/would occur in UK but here in Florida such an order could be issued if ... | |
| Why do you Americas think that it is fair that if a | 6/3/2010 |
| Q: Why do you Americas think that it is fair that if a duel Brazilian/US national does not want to pay ... A: that would be incorrect he could avoid jail by paying the child support and if he does not have the ... | |
| If a man robes a bank and uses the money to pay for child support | 6/3/2010 |
| Q: If a man robes a bank and uses the money to pay for child support, will he be able to get child ... A: I hope this information was helpful to you, if it was, please do me the courtesy of rating it. ... | |
| visits | 6/1/2010 |
| Q: dan i wrote 1 time before, since then things have not changed much me and the babys father were not ... A: you can file a Motion for Indigent Status so the that any and all Court costs involved with filing ... | |
| Can child support be lowered, yes or no | 6/1/2010 |
| Q: I married an American, who has two children in Texas - 1 biological, 1 adopted. He is now working ... A: Yes I believe it it is fair. The Father would not be able to get his child support lowered if he was ... | |
| Can child support be lowered, yes or no | 5/30/2010 |
| Q: I married an American, who has two children in Texas - 1 biological, 1 adopted. He is now working ... A: He could be found in Contempt of Court, be prevented from returning to the US or immediately ... | |
| leaving the country with a restraining order | 5/28/2010 |
| Q: I am hoping to go to Canada for vacation and I want my boyfriend to go along. He says that he has a ... A: unless the order states otherwise he is free to travel wherever he likes. I hope this information ... | |
| Can child support be lowered, yes or no | 5/28/2010 |
| Q: I married an American, who has two children in Texas - 1 biological, 1 adopted. He is now working ... A: more than likely he will not be permitted to lower his child support as the decrease in his income ... | |
| Divorce and Real Estate | 5/26/2010 |
| Q: I reside in Florida. My husband is cheating on me. I am planning to divorce. We have no children ... A: Hui Mary,in your Petition for Dissolution of Marriage you will need to add a Petition for Partition ... | |
| End of Child Support | 5/24/2010 |
| Q: Step Daughter resides in Tallahasse, FL. has for 10 years. Moved from Albuquerque, NM where divorced ... A: the state in which the divorce judgment was issued would control when the child support ends. I ... | |
| Florida: Can I file an amended proposed parenting plan? | 5/23/2010 |
| Q: I filed a supplemental petition to modify time-sharing/parenting plan in Dec. 09. This proposed ... A: if the proposed schedule was filed as an exhibit or as part of your Original Petition for ... | |
| Child Support Florida Proof of Substantial Decrease | 5/23/2010 |
| Q: My ex has filed a petition stating that he wants child support reduced because of substantial ... A: if the Petition for downward modification of child support is based solely upon his alleged ... | |
| I don't want to move to Idaho | 5/22/2010 |
| Q: My mom is making me and my sister move to Idaho were here family lives. My sister wants to go but I ... A: you could only do so with the agreement of your Mother. I hope this information was helpful to ... | |
| LATCH LAW FOR BACK CHILD SUPPORT | 5/21/2010 |
| Q: When my ex and I divorced she gave up the 5 children to me. She claimed because of her financial ... A: that would be the defense of Latches and it only applies if the party asserting the defense can ... | |
| state recognition divorce agreement | 5/20/2010 |
| Q: I obtained a legal divorce in Punta Gorda, Fla. I granted custody to my ex in lieu of non-payment of ... A: in general a party cannot agree to waive child support in exchange for anything other than some ... | |
| taking child without permission from spouse | 5/17/2010 |
| Q: My wife is in u.s.a.with a temporary visa.I am a u.s.citizen(husband)so is my son. we have marital ... A: if your son does not at this time have a passport you Wife will be unable to acquire one without ... | |
| Character Reference Letters | 5/15/2010 |
| Q: In the state of FL, are letters of character accepted from the court in a custody modification or do ... A: letters from prospective witnesses are inadmissible at trial. The court should issue or may have a ... | |
| The ring & No written agreement | 5/14/2010 |
| Q: I was engaged to a man that moved in with me. The diamond was one that I had from a previous ... A: If Joel can prove that he purchased the ring from you then he could have an action at law to recover ... | |
| Out of State Visitations | 5/14/2010 |
| Q: Dan, My divorce was finalized in Arkansas. My ex currently live in Tennessee and my 3 yr old son %26 ... A: there is no Florida statewide standard time sharing plan it is developed and adopted within each ... | |
| Modification of Child Support | 5/13/2010 |
| Q: I was wondering if you would be kind enough to provide me with answers to 2 questions. I am trying ... A: I am of the opinion that a 16 years old's car insurance premium is not a necessity and as such would ... | |
| Financial disclosure in divorce | 5/11/2010 |
| Q: I was married to my husband for 5 years and have been divorced for a few months now. I recently ... A: if he filed a Financial Affidavit and did not report the money that was deposited into an account ... | |
| taking an 8 year old on vacation out of state | 5/7/2010 |
| Q: My son has primary custody of his son who is 8 years old. There was nothing in the divorce decree ... A: unless Kansas (I'm assuming that is the state in which the divorce decree was issued) has a standing ... | |
| wedding ring | 5/6/2010 |
| Q: Iraqi am getting a divorce and was wondering if i have the right to get the wedding ring back. Here ... A: no you would not have the right to receive the ring back but you do have a right to receive 1/2 of ... | |
| modification | 5/4/2010 |
| Q: .. Ok, my husband and I have "shared parental rights" of our 8 year old daughter, we agreed to leave ... A: this does not sound confusing other than you did not mention which parent is charged with the ... | |
| Do I have sole custody? | 4/29/2010 |
| Q: I live in the state of Florida. I have a 13yo child. Her dad and I were never married. He is ... A: you are not a parent with sole parental responsibility until such time as there is a court order ... | |
| Child Custody | 4/27/2010 |
| Q: I'm 17 years old and live with my father. he is mentally unstable but has weekend visitations with ... A: not sure what you mean by full custody but if your Mother has sole parental responsibility then she ... | |
| wages | 4/26/2010 |
| Q: I am trying to work with my husband on this un-contested divorce and I am ready to file for child ... A: you are entitled to receive proof of all income for a period of at least three months or as much as ... | |
| PA child custody | 4/24/2010 |
| Q: This is my weekend to have my son, the Friday before his dad had called to say he had a funeral were ... A: you can only be held in contempt of court if you do not follow a court order. From what I could make ... | |
| SSDI of custodial parent and child support | 4/23/2010 |
| Q: My husband and I are separated and will be attending a child support hearing soon (thank god). I am ... A: when a parent is receiving social security disability income due to disability and, as a result, ... | |
| NEED HELP IMMEDIATLY! URGENT! | 4/22/2010 |
| Q: myers florida with my mom and dad we moved here about 2 moths ago from Tennessee my husbands parent ... A: you should contact legal aid of Lee County ((239) 334-6118) and explain your situation to them they ... | |
| custody modification | 4/20/2010 |
| Q: My ex and I have share rotational custody. He got arrested for breaking probation and DUI ... A: I would say the chances would be good but that supervised time sharing would be in effect until Dad ... | |
| fathers rights out of wedlock | 4/17/2010 |
| Q: I slept with a guy 4 months ago and am currently pregnant, we are both 19. He broke up with me and ... A: if he is not listed on the birth certificate he will have no rights to the child unless and until he ... | |
| time for appeal | 4/16/2010 |
| Q: I have received a Final Judgment for my divorce,(that was signed on 3/18/10, and is STILL not filed ... A: you Motion does not toll the time. You need to file your Notice of Appeal in the time allotted. I ... | |
| Step-parent adoption | 4/16/2010 |
| Q: My fiance would like to adopt my son.The biological father has not seen my son since he was 10mths ... A: the biological father's consent is required for a step-parent adoption. However, the court can waive ... | |
| Interest added to back child support | 4/15/2010 |
| Q: Bachert, Soon after my divorce, I fell way, way behind on child support payments for several ... A: if the children were not the receipients of state support (i.e. food stamps, aid to families with ... | |
| Uniform Child Custody Jurisdiction and Enforcement Act Affidavit | 4/14/2010 |
| Q: my husband provided false information on his Uniform Child Custody Jurisdiction and Enforcement Act ... A: the UCCJEA affidavit will only establish jurisdiction not venue. You may still request a change in ... | |
| Child Support Reduction Problem | 4/14/2010 |
| Q: My oldest child (son) turned 18 almost two years ago. I stopped paying child support for him which ... A: you best option, assuming your former wife will agree to it, is to have an attorney draft an agreed ... | |
| divorce question | 4/12/2010 |
| Q: I am not sure if you could answer this question but my ex ask me an question that I really don't ... A: you are divorced regardless of county. I hope this information was helpful to you, if it was, ... | |
| Contempt Of Court | 4/12/2010 |
| Q: At the beginning of March I was granted an order of injunction against my exhusband. I have been ... A: I'm assuming from your description that the injunction did not have a provision permitting or ... | |
| Clarification to my previous question. | 4/11/2010 |
| Q: Q:What is the statute of limitations on my divorce? A:Under what circumstances? Expert: Dan ... A: More specifically you have 30 days after the date of judgment to file your Notice of Appeal. I ... | |
| Step Child | 4/8/2010 |
| Q: I have raised my soon to be Ex husbands Daughter since she was 2 weeks old and she is since I have ... A: generally a step parent has no parental rights over those of the biological parent and after divorce ... | |
| Re: Support, Custody, Visiation | 4/6/2010 |
| Q: Mother and child reside in State of Florida, Volusia County. I am a resident of Illinois. Only ... A: you would need to file a Petition for Modification of Child Support and if time sharing is currently ... | |
| Florida Jurisdiction Question for Divorce/Child Custody Case | 4/5/2010 |
| Q: I have been involved in a lengthy court battle to have the jurisdiction changed from Florida to ... A: I would need to review your case more closely to better advise you. If the Florida side of the case ... | |
| unable to pay | 4/4/2010 |
| Q: my ex is adore, older than me and we just got divorced. Have a 18 month old Boy who I adoor. I ... A: if you are indicating that you have a child support obligation that you have been ordered to pay and ... | |
| Pre-marital loan to spouse | 4/4/2010 |
| Q: I loaned my fiancee $12,000 to enable her to pay off her credit card debt about six months prior to ... A: it could be considered in a divorce settlement if both parties agree to consider it, the Family ... | |
| MOTION FOR DEFAULT... | 4/3/2010 |
| Q: I LIVE IN FL, AND HAVE A HEARING BEFORE A GENERAL MAGISTRATE ON APRIL 12TH. MY SON'S MOTHER, ... A: you must still prove to the court that what you have requested is in the best interest of the child ... | |
| CHILD CUSTODY HEARING W/ GENERAL MAGISTRATE... | 4/3/2010 |
| Q: I HAVE A 30 MINUTE HEARING SET FOR APRIL THE 12TH BEFORE A GENERAL MAGISTRATE TO DETERMINE ... A: in almost all cases involving the establishment of a parenting plan the court will require the ... | |
| Florida Jurisdiction Question for Divorce/Child Custody Case | 4/3/2010 |
| Q: I have been involved in a lengthy court battle to have the jurisdiction changed from Florida to ... A: if you have not already done so you need to file your action in Ohio even if the Florida Action is ... | |
| Parental Rights | 3/30/2010 |
| Q: I have been separated for the 7 yrs I've currently been living in SWFL. During this time I have had ... A: the fact that Dave is identified as the Father on the children's birth certificates only provides a ... | |
| Question about serving papers on other party | 3/30/2010 |
| Q: I filed a petition to establish paternity with a notice of intent to relocate on my ex. This is day ... A: if 20 days have past since the date of service then you can file a Motion for Clerk's Default on the ... | |
| Child support | 3/29/2010 |
| Q: I have been working with the child support enforcement for now 3 years to collect child support from ... A: if he chooses to work off the books, be self employed or not work at all he will still have child ... | |
| Child support Mediation | 3/28/2010 |
| Q: I was wondering if it would be worth while hiring my own attorney for Child support Mediation? ... A: absolutely and based upon what you have indicated regarding the father's income it is likely that ... | |
| Relocating w/ child | 3/27/2010 |
| Q: I was never married and I have a court order child support for my 6yr old in Florida . Am I able to ... A: Florida's Relocation Statute applies as follows: 1. To orders entered before October 1, 2009, if ... | |
| Final Order | 3/26/2010 |
| Q: I've been pro-se in my divorce. We had our final hearing in Nov.2009, but had not received a final ... A: Your plan for filing a Motion for Re-hearing and an Emergency Motion for Stay are sound. If there ... | |
| Final Order | 3/26/2010 |
| Q: I've been pro-se in my divorce. We had our final hearing in Nov.2009, but had not received a final ... A: If this is a Judges order and not a General Magistrates Recommended Order then it is effective from ... | |
| Final Order | 3/26/2010 |
| Q: I've been pro-se in my divorce. We had our final hearing in Nov.2009, but had not received a final ... A: you would actually have 15 days from the date the order was signed, if the order was sent to you by ... | |
| Divorce question | 3/26/2010 |
| Q: I am active duty military stationed in Italy, I was married here in Italy on 14 NOV 2010. Under ... A: it would be possible in Florida. The state I am qualified to answer such questions about but I ... | |
| Visitation Transportation | 3/24/2010 |
| Q: then why if the non-custodial parent locates more than 150 miles away out of state would the ... A: there is no statutory requirement that mandates that a parent relocating with a child be responsible ... | |
| Can't Agree on Current Visitation Schedule | 3/24/2010 |
| Q: State of FL. I am primary, residential and custodial parent. My final judgment states that if ... A: you should use the guidelines that were in effect at the time the Final Order was issued. I hope ... | |
| Child Support | 3/23/2010 |
| Q: I want to know how much i have to paid in child support to my child? my yearly salary is $67,000 ... A: Assuming no other relevant changes that would be correct your child support would remain at $600.00. ... | |
| Termination of Child Support when my daughter is 18 | 3/23/2010 |
| Q: I am currently having my Child support deducted from my pension check that I receive monthly. When ... A: you will need to submit an agreed order terminating child support as of a date certain. Usually, ... | |
| Child Support | 3/22/2010 |
| Q: I want to know how much i have to paid in child support to my child? my yearly salary is $67,000 ... A: minimum child support is based upon the parties' net incomes. To see what is excluded from gross ... | |
| how to modify custody without an Atty. | 3/21/2010 |
| Q: My wofe shares custody of our 14 year olkf daughter with her Ex who has multable hospital stays due ... A: You would need to file a Petition for Modification of Parenting Plan, Time Sharing and Related ... | |
| can a mother move to a different town | 3/21/2010 |
| Q: can a mother of one child move to a different town with her soon to be husband to buy a house with ... A: that depends upon the language of the final judgment and the statutes effective in your ... | |
| 13 year old mistake | 3/19/2010 |
| Q: My husband was required to give 50% of his retirement to his ex as of 12/31/96. The company he ... A: if it took 13 months for the plan to separate the funds it would be possible that the amount ... | |
| change of venue in oregon courts | 3/18/2010 |
| Q: I have a on going battle going on with my ex-boyfriend of 21 years we have 3 children together and ... A: a change of venue would not be likely under the circumstances you have stated nor would a removal of ... | |
| Abandonment in Arkansas | 3/17/2010 |
| Q: I am leaving my husband on grounds of personal indignities. I am staying with family now and ... A: while you leaving the marital residence is not necessarily abandonment I would not advise you to ... | |
| Adoption | 3/16/2010 |
| Q: my question is my sons biological father signed off rights when my son was a baby. (he is now 5) He ... A: I'm not sure what you mean by the "biological father signed off rights" as Florida does not have a ... | |
| 2nd set of interrogatories | 3/15/2010 |
| Q: State of FL. If I have already served the defendant initial interrogatories with additonal ... A: yes you can serve Requests for Admissions. With regard to the overdue interrogatories, if there is ... | |
| Perjury in Family hearing | 3/15/2010 |
| Q: Good afternoon Mr. Bachert, I was in court just a couple of weeks ago in the 15th district court in ... A: if you did not allege the perjury in the Exception To Magistrate's Report that you filed. You can ... | |
| Stepparent adoption/name change | 3/15/2010 |
| Q: Stepfather wants to adopt his stepson as he is the only father the child has ever known. The family ... A: the biological father's consent must be obtained or the court must waive that consent requirement ... | |
| Witness in Custody Battle | 3/13/2010 |
| Q: If I have someone offering to be a witness at my trial to testify to facts that would prove my ex is ... A: if you are proceeding under a Motion before the court then you need not disclose the witness until ... | |
| legal name change | 3/13/2010 |
| Q: My daughter whom is now 8 years old would like her name changed to her stepfather's last name. (my ... A: the name change can only be granted if requested and or approved by both biological parents and then ... | |
| child support | 3/13/2010 |
| Q: After not receiving child support (order in RI courts) for almost 5 years I took my ex-husband back ... A: you have to continue to make it difficult for him. File another Motion for Contempt and continue to ... | |
| Neglected Nephew | 3/12/2010 |
| Q: My sister got pregnant at a young age and had a baby with a guy who in better words is a sorry ... A: you and/or your Mother should call children and family services. If they find that the child's ... | |
| child rights? | 3/12/2010 |
| Q: I was living down in Florida with my boyfriend we had a daughter together and we both agreed that it ... A: its possible but if you have been residing in Michigan for a period exceeding 6 months, Florida ... | |
| Place of Venue | 3/10/2010 |
| Q: I have a question on the county on where I can file my divorce... I live in Palm Beach County but ... A: Any county in Florida would be proper. However, venue is most proper in the county in which the ... | |
| General Magistrate | 3/10/2010 |
| Q: I spoke with you earlier today regarding my husband and his ex-wife in contempt of court order for ... A: every time I am asked this question the same response comes to mind. A person who represents ... | |
| contempt of court order | 3/9/2010 |
| Q: My huband's ex-wife has been in contempt of court order for over 2 years now. He has file a motion ... A: Yes, he should file a Motion for Contempt for both the time sharing violations and the IRS tax ... | |
| contempt of court order | 3/9/2010 |
| Q: My huband's ex-wife has been in contempt of court order for over 2 years now. He has file a motion ... A: I doubt very much the court will allow the testimony of a 9 year old and even if the court will that ... | |
| Abandonment | 3/7/2010 |
| Q: My husband left home about 6-1/2 months ago he abandoned me and our two children he tells me that ... A: you need to file a Petition for Dissolution or a Petition for Support within the Marriage if you do ... | |
| Property Abandonment | 3/5/2010 |
| Q: .. Over a year ago my boyfriends ex girlfriend move out of the house that they own with out warning ... A: yes she has rights to the property. She can only be removed by her execution of Quit Claim Deed in ... | |
| Divorce and First Babysitter Rights/ Alabama | 3/5/2010 |
| Q: My fiancee has a daughter in elementary school. He and his ex have a modified schedule of ... A: Couple of ways to treat this. One, Dad can advise via email that he is not available to care for ... | |
| Divorce and First Babysitter Rights/ Alabama | 3/4/2010 |
| Q: My fiancee has a daughter in elementary school. He and his ex have a modified schedule of ... A: Not very enforceable language, but taken in its spirit of meaning. Mom should be advising dad when ... | |
| divorce | 3/4/2010 |
| Q: During the dissolution hearing my daughter's attorney stipulated that she would give her husband ... A: Yes. The Final Judgment, from what I understand, required your daughter to make a equitable ... | |
| Divorce and First Babysitter Rights/ Alabama | 3/4/2010 |
| Q: My fiancee has a daughter in elementary school. He and his ex have a modified schedule of ... A: you need to provide me with the actual language of the final judgment that you are indicating ... | |
| final hearing | 3/4/2010 |
| Q: My husband and I signed an agreement in mediation a month ago about all issues pertaining to our ... A: he will have to convince the court that he did in fact sign the agreement under duress if he does ... | |
| Half brothers and sisters sharing a room | 3/3/2010 |
| Q: My ex's soon to be wife has a 1 year old son and is pregnant with his baby due in July. My ex and I ... A: I'll address your questions as presented. Is there any Florida Law that stops half siblings or ... | |
| Relocation | 3/3/2010 |
| Q: I am residential parent of a 5-year old. My ex and I are presently in a custody battle. I have ... A: probably not unless you can secure employment in the area you wish to relocate to and in addition ... | |
| divorce | 3/3/2010 |
| Q: During the dissolution hearing my daughter's attorney stipulated that she would give her husband ... A: I believe the stipulation was valid. Unless your daughter agreed to pay her former husband more than ... | |
| Petition to Modify Alimony | 3/1/2010 |
| Q: I filed a Supplemental Petition to Modify Alimony as I lost my job in 2006 and continued paying ... A: If you want to do anything with regard to the Motion for Contempt file a Motion in response to that ... | |
| Paternity Test/Child Custody | 2/28/2010 |
| Q: my question concerns paternity and custody of my two children who live in Tampa Fl. The background ... A: lets address your questions as presented: Would it be wise to represent myself in court for this ... | |
| Petition to Modify Alimony | 2/28/2010 |
| Q: I filed a Supplemental Petition to Modify Alimony as I lost my job in 2006 and continued paying ... A: yes the motion for contempt is valid and no you need not file a response to a motion as a motion is ... | |
| need Alimony | 2/26/2010 |
| Q: Been married for 5 yrs.no kids together.husband had numerous affairs,so we are now seperated.We ... A: not likely, your marriage is a short duration marriage and would generally not qualify for an award ... | |
| Uninsured medical expenses | 2/25/2010 |
| Q: Our child support order states that I am to reimburse 51% of the children's uninsured medical ... A: The normal meaning of reimburse is not going to be the meaning the health care industry uses but the ... | |
| rules for amending a dissolution of marriage petition in Florida | 2/25/2010 |
| Q: What are the rules associated with amending a dissolution of marriage petition in Florida? ... A: Florida Rule of Civil Procedure Rule 1.190. Amended and Supplemental Pleadings controls your ... | |
| Uninsured medical expenses | 2/25/2010 |
| Q: Our child support order states that I am to reimburse 51% of the children's uninsured medical ... A: the real question is not "Am I going to end up back in court again if I don't do it her way?" ... | |
| divorce and land contract | 2/24/2010 |
| Q: A friend of mine and his wife entered into a land contract about a year ago. Both of thier names are ... A: the Wife would have a 50% interest in the equitable value of the land and any improvements made to ... | |
| Step parent adoption/name change | 2/23/2010 |
| Q: My daughter is 13 years old and her biological father and I were divorced before she was 1. He has ... A: regardless of whether you wish to change her name or have your Husband adopt her the biological ... | |
| Keeping my step children | 2/22/2010 |
| Q: I have lived with and taken care of my Step Sons since 2004. My husband started a trucking buisness ... A: sorry but you have no parental rights to or for your step children. I hope this information was ... | |
| Parental Rights in Shared Custody | 2/22/2010 |
| Q: My ex has primary residential responsibility of our two children (5 and 11)and the children reside ... A: her actions most certainly provide grounds upon which a Petition for Modification of the current ... | |
| who gets to claim the children on income tax | 2/18/2010 |
| Q: I am separated right now with my husband. My husband & I are separately living. I have my children ... A: the IRS will allow the parent that has the children in their household the majority of the time to ... | |
| relocation | 2/18/2010 |
| Q: i have shared parental rights of my daughter, her mother is planning on moving monday approx. 40-60 ... A: initially you should review Fla. Stat. 61.13001 to see if Florida's Relocation Statute applies to ... | |
| child custody,and child support payments | 2/16/2010 |
| Q: I was wandering if you can tell me if there is an way to get this child support dropped, Here is ... A: you need to file Petition for Modification of Child Support with the Circuit Court that has ... | |
| Follow up question, misunderstood | 2/15/2010 |
| Q: I was informed today that the Legal Aid in Palm Beach County no longer handles comptempt of court ... A: If you are looking for representation to defend yourself against a Motion for Contempt (the ... | |
| Mother in Contempt | 2/15/2010 |
| Q: I have had custody of my two children for four years now and have only received one child support ... A: if it is shown that she has the financial ability or assets from which she can pay all or part of ... | |
| Legal Aid/Pro Bono | 2/10/2010 |
| Q: I was informed today that the Legal Aid in Palm Beach County no longer handles comptempt of court ... A: legal aid may not but child support enforcement would. I hope this information was helpful to you, ... | |
| inter-family adopton across state lines | 2/9/2010 |
| Q: My son and daughter-in-law are in the process of adopting her nieces baby (the niece is 14). The ... A: the niece could excute a limited power of attorney placing the child with your son and daughter in ... | |
| Property Dispute with Ex | 2/9/2010 |
| Q: My ex is refusing to give me the property we agreed upon in our divorce 6 months ago. It was an ... A: yes you will be required to go back to court and obtain a money judgment for the property that you ... | |
| SSDI Benefits and child support | 2/8/2010 |
| Q: Good Morning! My question is pertaining to the non custodial parent receiving SSDI Benefits. My ... A: there is in fact case law that covers this issue. I do not know the case/s off hand and it would ... | |
| Divorce | 2/8/2010 |
| Q: I have a friend whose husband left her a few years ago. He abandoned her and her son. She is still ... A: she needs to file a Petition for Dissolution of Marriage in the Circuity Court in and for her county ... | |
| income deduction order | 2/8/2010 |
| Q: I have an Income Deduction Order which pays my ex-wife a monthly or biweekly rate which begins at ... A: she would have to agree to the arrangement. That arrangement would then be reduced to an Agreed ... | |
| divorce | 2/8/2010 |
| Q: my girlfriend moved down here to florida in aug. she is still married. we are now filing for a ... A: you can simply testify at the Final Hearing that she has resided in Florida with intent to stay here ... | |
| Alimony | 2/7/2010 |
| Q: My soon to be Ex-Wife is requesting rehabilitative alimony in the amount of 500.00 per month until ... A: alimony for such a short duration marriage would usually not be awarded, however, the health issue ... | |
| Should Counter-petition be notarized? | 2/4/2010 |
| Q: I was served a counter-petition from the defendant, via US mail that was not notarized. Does FL ... A: counter-petition need not be notarized, service is proper via mail and a proposed parenting plan ... | |
| arrears | 2/2/2010 |
| Q: Florida does not have the correct amount of arrears. Order is through Colo. How do I get the proof ... A: if you can prove that he now has the ability to pay a higher monthly amount toward the child support ... | |
| child support/tax claim | 2/1/2010 |
| Q: Final judgment indicate ex can claim children for 2009 tax year. He has not paid child support since ... A: under Florida law a party can only claim the child as a dependent if they are current in their child ... | |
| Paternity | 2/1/2010 |
| Q: My X has refused to take 2 paternity tests. Since he failed to take the test the court set a pre ... A: don't assume anything regarding his appearance. Show up for court or the action will be dismissed. ... | |
| contempt order | 2/1/2010 |
| Q: My Ex-wife has full custody of our son but also in the court agreement it says… “ORDERED AND ... A: if she is making decisions regarding the child without informing you and you can prove it then she ... | |
| Relocation out of Florida when Non-Custodial Parent Resides in Another State | 2/1/2010 |
| Q: What is the likelihood that my request to relocate out of the state of Florida will be denied. ... A: the court will base its ruling upon the best interest of the child. If the proposed relocation is ... | |
| Family court procedures | 1/30/2010 |
| Q: Who can amend the policy that allows children to choose which parent they want to live with during ... A: Florida has no such policy. I hope this information was helpful to you, if it was, please do me the ... | |
| Mandatory Disclosure - Florida | 1/30/2010 |
| Q: Is it mandatory that tax returns for 3 years be submitted without the defendant explicitly ... A: Mandatory Disclosure under Florida Family law rules of Procedure requires the production of 3 years ... | |
| I want to relocate myself and my son | 1/29/2010 |
| Q: I am in the process of preparing paperwork to in order to petition for the relocation on my son and ... A: you should read all of Florida Statute 61.13001. I believe after reading the same you will have the ... | |
| Now a counter petition | 1/28/2010 |
| Q: Perhaps you recall my question regarding my ex who has refused to take my daughter extra time? I ... A: he is asking for 50% to reduce his child support obligation. Whether the Judge will "see through ... | |
| Change of Custody | 1/27/2010 |
| Q: I have been divorced for approx. 8 years. My two boys are now 14 and 16. Their mother and I have ... A: possibly but you would have to convince the court to hear from the boys directly. There must be some ... | |
| child support modification | 1/26/2010 |
| Q: I have been trying to get child support increased, modification filed 2006 in FL. Question is-in ... A: no I would disagree the financial records regarding a period of time prior to the filing date could ... | |
| Attorney fees automatically awarded? | 1/26/2010 |
| Q: I filed a petition to change parenting plan in FL. The defendant's answer is requesting attorney ... A: attorneys fees are not automatically awarded unless: 1. There is a prior agreement between the ... | |
| Adoption papers | 1/25/2010 |
| Q: If a lawyer didn’t finish all the adoption papers for some reason, can the biological father take ... A: if there is no Order of Adoption then no adoption has occurred, furthermore even if an adoption ... | |
| Abandonment of a child | 1/25/2010 |
| Q: I am divorced and in my divorce I received sole custody of my son however the judge did reserve the ... A: it is against the policy of Florida to terminate a parent's parental rights outside the process of ... | |
| Child Abandonment | 1/25/2010 |
| Q: I have primary custody of my 8 year old son. His father is granted visitations but hasnt taken any ... A: it is against the policy of Florida to terminate a parent's parental rights outside the process of ... | |
| First right of refusal | 1/24/2010 |
| Q: I am currently going through a divorce where i have agreed to a temporary custody order where i get ... A: you should file a motion for contempt an be prepared to prove that she has done what you say she has ... | |
| What are ProSe Limitations in Court Proceedings | 1/24/2010 |
| Q: 12th Judicial Circuit, FL. Since I am representing myself, do I need to wait until the court ... A: either party can schedule either party's motions. If you want the Motion heard then have it ... | |
| Contempt of Court/Divorce | 1/23/2010 |
| Q: I filed for divorce in April of 2009 in Duval County Fla. I have been married to this man for 13 ... A: which parent a child will reside with for the majority of thre time is decided based upon the best ... | |
| What are ProSe Limitations in Court Proceedings | 1/23/2010 |
| Q: 12th Judicial Circuit, FL. Since I am representing myself, do I need to wait until the court ... A: the coordinator will schedule the hearing dates after you advise him or her that you are ready for ... | |
| Child Therapy | 1/22/2010 |
| Q: Can a parent sit in on court-ordered therapty sessions with their child? The parent is not happy ... A: the order requiring the therapy should be specific on this point. If it is not then the matter would ... | |
| visitation | 1/20/2010 |
| Q: If the father is diagnosed with bi-polar disorder and on disability, how can this affect granted ... A: the party wanting to modify the father's time sharing with the children would have to prove by a ... | |
| File an Amended Petition? Is there a form? | 1/20/2010 |
| Q: Filed petition to modify parenting plan/time sharing in FL which one of my requests for relief ... A: since the opposing party has filed a responsive pleading to your Petition (i.e. their Motion to ... | |
| How to file response to summons for reduction of alimony | 1/20/2010 |
| Q: I just received a summons from my ex-husband for reduction of alimony. It says I have 20 days to ... A: when filing a response copy the style of the case (the language that appears at the top of the ... | |
| ummarried parent rights | 1/18/2010 |
| Q: While unmarried, I got pregnant and we gave our son his father's last name. 4 months later, we ... A: With regard to a stepparent adoption the natural father must be notified and must provide his ... | |
| divorce | 1/17/2010 |
| Q: My question is. I was divorced 15 yrs. ago and my x Husband was to pay me $5,000.00 when our ... A: no statute of limitations. I hope this information was helpful to you, if it was, please do me the ... | |
| Hiring an attorney | 1/16/2010 |
| Q: Is there a way to review an attorney's reputation before hiring them? A: in Florida you can contact the Florida Bar to make sure the attorney is in good standing and if he ... | |
| Taking Child Out of State | 1/16/2010 |
| Q: I will be filing for a divorce in the near future and would like to relocate with my child to ... A: If he agrees then the agreement needs to be done in compliance with Fl. Stat. 61.13001. That would ... | |
| Taking Child Out of State | 1/15/2010 |
| Q: I will be filing for a divorce in the near future and would like to relocate with my child to ... A: that depends upon the effective statutes in your state. If you reside in FL then yes, he can prevent ... | |
| family law venue | 1/14/2010 |
| Q: My girlfriend moved to volusia county to live with me in July 2007. I was living with my girlfriend ... A: venue is proper in either volusia or palm beach county. However, venue will usually be transferred ... | |
| relocation with an agreement | 1/13/2010 |
| Q: I live in NC and being separated from my former wife for over a year. We have a mediation agreement ... A: you relocation from NC to FL will be governed by NC law. After you and the children have resided in ... | |
| restrainingorders | 1/13/2010 |
| Q: I know you are based in Florida but am hoping you can help me with a simple question. I live in ... A: I hope this information was helpful to you, if it was, please do me the courtesy of rating it. ... | |
| Mediation agreement | 1/12/2010 |
| Q: Can you withdraw a mediation agreement before it goes to the judge to be signed? Is there a Fl ... A: you can withdraw a Mediation Agreement but you must file a Motion with the Court to do so and ... | |
| Follow Up question for supplemental petition to modify time-shring | 1/11/2010 |
| Q: Me again. Since I filed the original petition I have since filed a motion for temporary support. ... A: if you have provided the opposing side with a copy of your Motion for Temporary Support you can move ... | |
| child support/verbal agreement | 1/10/2010 |
| Q: My ex and I seperated in Aug of 2008. We had a verbal agreement that I would pay 1200 a month child ... A: Possibly, the hearing your are going to be going to is administrative. You best bet is to get her to ... | |
| New Florida Parenting Plans / Time Sharing | 1/10/2010 |
| Q: Florida: When our court ordered visitation schedule went into affect (2006), I was appointed ... A: No it does not sound unreasonable and in the alternative you could request that his child support be ... | |
| New Florida Parenting Plans / Time Sharing | 1/10/2010 |
| Q: Florida. According to my final judgment (2006), I was awarded primary custodial and residential ... A: You do not have sole custody. Florida does not have an automatic substantial shared parenting plans ... | |
| New Florida Parenting Plans / Time Sharing | 1/10/2010 |
| Q: Florida: When our court ordered visitation schedule went into affect (2006), I was appointed ... A: you are confusing your time sharing schedule with parental responsibility. You and the father have ... | |
| child support/verbal agreement | 1/9/2010 |
| Q: My ex and I seperated in Aug of 2008. We had a verbal agreement that I would pay 1200 a month child ... A: if there was an order issued by the court establishing your child support at $2,000 per month then ... | |
| ALIMONY | 1/9/2010 |
| Q: I'm writing on behalf of a friend regarding her ability to receive alimony after a marriage of one ... A: alimony if it was awarded at all would be temporary only, lasting only as long as the dissolution ... | |
| Visitation outside the USA | 1/7/2010 |
| Q: I gave birth my daughter in May 2007 in Florida, her father & I moved Sept. 2007 to Grand Cayman ... A: based upon the information you have provided, my opinion would be that the court is likely to order ... | |
| Children as Witnesses | 1/7/2010 |
| Q: Previously brought contempt motion against ex for denying me 5 weeks summer visitation/all contact. ... A: unless Mom was directly ordered not to discuss the children's counseling with the children then she ... | |
| motion to dismiss | 1/6/2010 |
| Q: my ex (who disappeared from his life voluntarily, due to a drug and alcohol problem 5yrs ago) has ... A: if she has filed a Petition for Modification then she would have had to indicate with that Petition ... | |
| Division of Liabilities | 1/6/2010 |
| Q: I’m currently getting divorce, after almost two years of marriage. We don't have any kids or ... A: the chances are very good that the magistrate will enter an order requiring your husband to pay 50% ... | |
| rotating custody | 1/5/2010 |
| Q: I have primary care of our two year old. My ex is not currently working, lives with his grandmother ... A: same response. It is doubtful that the court would award 50/50 under those circumstances even if the ... | |
| Family Law Motion to Dismiss Initial Petition | 1/4/2010 |
| Q: I served the defendant a complaint that I filed in court via sheriff service. He has now filed a ... A: Sounds like it would be dismissed if heard, but I doubt the opposing attorney will schedule it to be ... | |
| Orthodontics | 1/4/2010 |
| Q: You mentioned a Fourth District Court of Appeal opinion related to orthodontics being extraordinary ... A: the case is Cox v. Cox, 806 So.2d 580, Fla.App. 4 Dist.,2002. I hope this information was helpful ... | |
| rotating custody | 1/4/2010 |
| Q: I have primary care of our two year old. My ex is not currently working, lives with his grandmother ... A: based upon what you have indicated it would be my opinion that a Petition for Modification to ... | |
| Time limit to pay for change of venue | 1/3/2010 |
| Q: Good Morning, What is the time limit (if any) for the responsible party to pay for the transfer ... A: there is no time limit under Florida Statute for the payment of a transfer fee for changes of venue. ... | |
| Family Law Motion to Dismiss Initial Petition | 1/2/2010 |
| Q: I served the defendant a complaint that I filed in court via sheriff service. He has now filed a ... A: if you reserved the complaint under an Alias Summons and that service was correct and complete then ... | |
| adoption termination | 12/31/2009 |
| Q: I adopted my wives son. Seven months after I adopted him she filed for divorce from me. While ... A: What the TN attorney indicated would not be lawful in Florida. I can only advise you about Florida ... | |
| adoption termination | 12/30/2009 |
| Q: I adopted my wives son. Seven months after I adopted him she filed for divorce from me. While ... A: possibly, the entire adoption procedure would need to be reviewed to see what flaws exist. If the ... | |
| child support | 12/28/2009 |
| Q: In my Florida divorce, a temporary child support order was entered by one Judge in October 2008, ... A: you should file a Motion for Rehearing on the child support arrears. The arrears should be ... | |
| visitation | 12/28/2009 |
| Q: My brother's exwife has an order of protection on him that expires on July 29, 2024, he has 2 ... A: your brother should immediately file a Motion for Contempt with regard to the Christmas time sharing ... | |
| Statute 61.13001 | 12/26/2009 |
| Q: In 2002 my ex wife and her new husband started to not let e have contact with my daughter and even ... A: even if Florida's relocation statute was effective in your case, Florida would no longer have ... | |
| Kidnapping? | 12/26/2009 |
| Q: Ok there is a custody order that states my exhusband has our 2 children the 1st half of the x-mas ... A: file a Motion for Contempt and Motion for an Emergency Pick Up Order. If he returns with the ... | |
| arrears | 12/23/2009 |
| Q: I WOULD LIKE TO KNOW HOW DO I GO ABOUT GETTING THE ARREARS FORGIVING MY EX IS WILLING TO FORGIVE AS ... A: she should be able to file an affidavit with child support enforcement indicating that she has ... | |
| Modification of visitation | 12/21/2009 |
| Q: If both parties agree to new terms before hand and want things legally stipulated. Is the court ... A: yes the process is substantially the same. However, there may be no need to submit a Petition for ... | |
| Grandparents Visitation Rights | 12/21/2009 |
| Q: I'm trying to seek visitation of my Grandchildren, and have taken steps to do so..A letter was sent ... A: in Florida grandparents have no right to time sharing with grand children. I hope this information ... | |
| Custodial parent not letting me see my son due to my job loss | 12/20/2009 |
| Q: I was recently laid off from my job of 7 years without severance. Due to this, I was forced to move ... A: visit your local county, assuming it is the county and state that has jurisdiction over your final ... | |
| Custody Modification | 12/15/2009 |
| Q: My husband was granted Joint custody of his 2 children in Feb. 2007 along he was granted 399.50 dlls ... A: Correct you can not eliminate a child support order unless and until the obligor parent's parental ... | |
| Civil Contempt of Mediation | 12/13/2009 |
| Q: My Husband disabled my car and took off with the car and abandoned it and it was found and impounded ... A: if the final order was issued and the car was awarded to you then he is subject to criminal ... | |
| How to divorce an unwilling wfe? | 12/12/2009 |
| Q: I am very disturbed- please help!!! I want to give all maintenance expense for wife (housewife) and ... A: Florida is a no-fault divorce state. Which means that if one party wants to dissolve the marriage ... | |
| Custody Modification | 12/11/2009 |
| Q: My husband was granted Joint custody of his 2 children in Feb. 2007 along he was granted 399.50 dlls ... A: what you are really asking is can the father have the Mother's parental rights terminated and the ... | |
| Medical bills | 12/10/2009 |
| Q: Husband was ordered to pay %50 of all non-covered medical expenses. We found it odd as to how ... A: if your Husband has shared parental responsibility then the children should not be receiving medical ... | |
| noncustodial and taxes | 12/7/2009 |
| Q: My divorce was final in 2006. In 2007, we went to mediation to modify our agreement. My ex agreed ... A: he may be able to do so unless the contempt is based upon some form of child support. As a general ... | |
| Temporary Child Support Orders Florida | 12/5/2009 |
| Q: I had a court hearing for child support my ex did not show up. the Courts did not have a place of ... A: Temporary Child Support orders are enforceable just like any other order. The Father's income can be ... | |
| Joint Rotating Custody | 12/4/2009 |
| Q: We have a joint rotating custody agreement, week with dad, week with mom. It stipulates that if my ... A: a relative of the parent has no stranding to claim time sharing on thier own. However, depending ... | |
| Child Custody | 12/4/2009 |
| Q: My baby's father lives in another state, my daughter and I live in Florida. He said he is taking me ... A: his history of domestic violence is relevant to the case. Be advised that the reports of the ... | |
| child support 18 yr old high school student | 12/1/2009 |
| Q: My son was born out of wedlock 10/01/1995 with no dispute of paternity . His father and I entered ... A: to answer your questions in the order presented: 1) Yes the father can be compelled to continue ... | |
| separation | 11/30/2009 |
| Q: Me and my boyfriend were together for 2 yrs. We have a 7 month old baby and he walked out and ... A: the court will develop and order a parenting plan based upon the best interest of the child. If you ... | |
| relocating to a different state | 11/23/2009 |
| Q: I am relocating to Washington State from FL. I have a child whom I share custody with my ex-husband. ... A: if your Final Judgment is subject to Florida's Relocation Statute you will be required to comply ... | |
| Does custody change if parent leaves the country? | 11/23/2009 |
| Q: Bachert, My Florida divorce was finalized in Jan of this year. My ex and I share custody of 2 ... A: he can demand that the Final Judgment be adhered to as written until such time as it is modified. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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) ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 c | |