Questions Answered by John Arthur Smitten

Q: my ex husband and i have joint custody. i have her 90% of the time. can i request full custody?

1 Answer | Asked in Family Law for Florida on Oct 29, 2014

Answered on Oct 30, 2014

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John Arthur Smitten's answer
You have to go back to court and modify the order in your favor.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: What adoption process do i follow to adopt my stepchild in Florida?

1 Answer | Asked in Family Law for Florida on Oct 29, 2014

Answered on Oct 30, 2014

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John Arthur Smitten's answer
You still have to go through the process to terminate parental rights and for adoption.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: I was granted temporary custody of my grandson in2013. Can I move out of state with him or do I need an attorney?

1 Answer | Asked in Family Law for Florida on Oct 29, 2014

Answered on Oct 30, 2014

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John Arthur Smitten's answer
You have to get a court order.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: My son who is disabled is about to turn 19. His father refuses to agree to continue child support. Any recourse?

1 Answer | Asked in Family Law for Florida on Oct 29, 2014

Answered on Oct 30, 2014

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John Arthur Smitten's answer
Yes, a special needs adult child is entitled to support for so long as they are dependent (less any Social Security monies received), you need to go to court to get the child support extended.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: My wife had an affair while we lived together in SC. We have separated I now live in FL. Is it adultery if i date in FL

1 Answer | Asked in Divorce for Florida on Oct 29, 2014

Answered on Oct 30, 2014

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John Arthur Smitten's answer
Adultery does not mean much in FL. You should file your case in FL.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: Ihave had my daughter for 8 years and shewent to NY to visit her mom and did notcomeback if has been a year.Can I gether

1 Answer | Asked in Family Law for Florida on Jul 6, 2014

Answered on Oct 29, 2014

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John Arthur Smitten's answer
Not sure why you waited over a year however yes you have to file a motion for return of the child. Use of a lawyer is recommended.

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Q: My husband and I have a grand niece that we have taken care of since she was born. Her mother and boyfriend have cut us

1 Answer | Asked in Family Law for Florida on Jul 17, 2014

Answered on Oct 29, 2014

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John Arthur Smitten's answer
Try to go for custody by calling DCF or filing a lawsuit on your own.

Use of a lawyer is recommended.

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Q: can I sue for back child support from 2005 - march 2014 .

1 Answer | Asked in Family Law for Florida on Oct 28, 2014

Answered on Oct 29, 2014

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John Arthur Smitten's answer
If you filed the case in 2005 then yes you can get all those years.

Use of a lawyer is recommended.

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Q: If a mom dies and the dad is overseas , can the father gives custody to a family member that lives near the child?

1 Answer | Asked in Family Law for Florida on Oct 28, 2014

Answered on Oct 29, 2014

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John Arthur Smitten's answer
Yes. You have to set up a guardianship. Use of a lawyer is recommended.

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Q: can I get into legal trouble if I take my daughter to my family in Arizona without my husbands permission?

1 Answer | Asked in Family Law for Florida on Oct 28, 2014

Answered on Oct 29, 2014

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John Arthur Smitten's answer
Under FL law you have to get his permission in writing or a court order.

Use of a lawyer is recommended.

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Q: My ex refuses to provide me with the address of where h has been staying with our child. Can I refuse him visitation?

1 Answer | Asked in Family Law for Florida on Oct 28, 2014

Answered on Oct 29, 2014

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John Arthur Smitten's answer
Yes. No address no visitation. Also file a motion for contempt.

Use of a lawyer is recommended.

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Q: giving up rights

1 Answer | Asked in Family Law for Florida on Oct 27, 2014

Answered on Oct 28, 2014

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John Arthur Smitten's answer
This is a complex case it is not easy to just terminate someone's rights without an adoption so for sure you need a lawyer.

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Q: I have 4 different child support cases can they garnish more than 65% of my total earnings

1 Answer | Asked in Family Law for Florida on Oct 27, 2014

Answered on Oct 28, 2014

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John Arthur Smitten's answer
no 65% is the max. Use of a lawyer is recommended.

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Q: OK Ive been receiving child support for my two oldest boys since 2010. If I goto get more. Will they hold what I get now

1 Answer | Asked in Family Law for Florida on Oct 27, 2014

Answered on Oct 28, 2014

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John Arthur Smitten's answer
Whether you get an increase depends on the child support statutory guidelines.

Use of a lawyer is recommended.

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Q: Can my nephew choose to live with his grandmother and not his father. His father has no job and is talking about moving.

1 Answer | Asked in Family Law for Florida on Oct 25, 2014

Answered on Oct 26, 2014

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John Arthur Smitten's answer
no, you have to get a court order for relative custody.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

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Q: what are the chances of a father to obtain full custody with a role model mother on the other end.

1 Answer | Asked in Family Law for Florida on Oct 25, 2014

Answered on Oct 26, 2014

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John Arthur Smitten's answer
To change an existing order requires A LOT of evidence.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

jsmitten@clnwlaw.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-490-4944

careyandleisure.com

Answer this Question View More »