Questions Answered by John Arthur Smitten

Q: My new husband will not approve of my adult daughter w/children to live with me, She was kid-napped in Orange County in

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

Answered on Oct 21, 2014

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John Arthur Smitten's answer
If you live together he can approve or not approve who lives in the home, so can you. You have to choose between him and your daughter.

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

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Q: I live in Florida and am married. I want to take our 7mnth old son to Chicago to stay w/family can he legally stop me?

1 Answer | Asked in Family Law for Florida on Oct 18, 2014

Answered on Oct 21, 2014

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

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

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Q: My ex isin jail again.So is her mother who has custody enough to collect the support money.How do I get custody rightnow

1 Answer | Asked in Family Law for Florida on Oct 19, 2014

Answered on Oct 21, 2014

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John Arthur Smitten's answer
You have to file a petition with the Court for full custody asap.

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: do spouse have rights like heirs, after divorce, if mentioned in last will as "wife"

1 Answer | Asked in Family Law for Florida on Oct 20, 2014

Answered on Oct 21, 2014

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John Arthur Smitten's answer
potentially yes if the ex does not change their will or other estate documents.

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: Can a stepfather pay child support on their step children when he dont want them living with him no more?

1 Answer | Asked in Family Law for Florida on Oct 20, 2014

Answered on Oct 21, 2014

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John Arthur Smitten's answer
A stepfather has no obligation to pay support to kids not his. You may have a claim for alimony however.

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: I live in Florida and my ex moved my 3 kids to new York without me knowing can she still put me on child support.......

1 Answer | Asked in Family Law for Florida on Oct 16, 2014

Answered on Oct 18, 2014

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John Arthur Smitten's answer
If she just moved then you need to file for custody in FL asap. Use of a lawyer is recommended.

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Q: How long can MS hold jurisdiction on minors that reside in FL. Aunt has visitation per court. No longer want that at all

1 Answer | Asked in Family Law for Florida on Oct 16, 2014

Answered on Oct 18, 2014

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John Arthur Smitten's answer
You have to register the MS order here in FL then have it modified asap. Use of a lawyer is recommended.

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Q: Will I have to pay child support for a 15 yr old girl that I have no relationship with, if I'm not the father?

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

Answered on Oct 18, 2014

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John Arthur Smitten's answer
The court should allow you to take the DNA test to get off the birth certificate and dis-establish paternity.

Use of a lawyer is recommended.

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Q: County charities law enforcement and dhs wont protect me from my abuser and hes custodial parent of my kids. What do ?

1 Answer | Asked in Family Law for Florida on Oct 14, 2014

Answered on Oct 17, 2014

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John Arthur Smitten's answer
find a way to hire a lawyer.

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: I am married my husband isn't the father once alleged father is proven to be the father will his name birth certificate

1 Answer | Asked in Family Law for Florida on Oct 15, 2014

Answered on Oct 17, 2014

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John Arthur Smitten's answer
Your husband as the legal father will have to give up his rights, this is a complex case and you will need a lawyer.

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Q: How long does it take for the court system to allow a parent to have full custody of children that are verbally abused?

1 Answer | Asked in Family Law for Florida on Oct 15, 2014

Answered on Oct 17, 2014

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John Arthur Smitten's answer
Have your mother hire a lawyer asap.

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: Ex was not ordered to pay child support. Thought everyone was supposed to pay. We really need the help. What do I do?

1 Answer | Asked in Family Law for Florida on Oct 14, 2014

Answered on Oct 16, 2014

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John Arthur Smitten's answer
File a petition to establish child support. Use of a lawyer is recommended.

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Q: How do I figure out who has custody of my children. Not sure if I still do or not.

1 Answer | Asked in Family Law for Florida on Oct 14, 2014

Answered on Oct 16, 2014

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John Arthur Smitten's answer
You vs the grandparents you will 100% win custody, you have to get a court order. Use of a lawyer is recommended.

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Q: If another man signs the birth certificate and is not the biological father and the alleged father is who is responsible

1 Answer | Asked in Family Law for Florida on Oct 14, 2014

Answered on Oct 16, 2014

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John Arthur Smitten's answer
You have to file a petition to dis-establish paternity and also to establish paternity of the real father. Use of a lawyer is recommended.

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Q: My ex-husband is agreeing to give me sole parental responsibility of our children. Can I move out of state with them?

1 Answer | Asked in Family Law for Florida on Oct 15, 2014

Answered on Oct 16, 2014

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John Arthur Smitten's answer
All of this need to be reduced to writing and approved by the Court.

Use of a lawyer is recommended.

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Q: My ex and i have 50/50 custody for my son. But my ex did not return my child to me.Can i go pick him up from school?

1 Answer | Asked in Family Law for Florida on Oct 13, 2014

Answered on Oct 15, 2014

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John Arthur Smitten's answer
Yes. Also if the ex is jerking you around then you should go for full 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

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Q: Is my grand daughter eligible for survivors benefits from her now deceased father if he never filed a tax return?

1 Answer | Asked in Family Law for Florida on Oct 13, 2014

Answered on Oct 15, 2014

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John Arthur Smitten's answer
try to apply for Social Security for the minor.

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

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Q: The mother of my child moved out of state. I know what state she's in but have no contact. How do I request visitation?

1 Answer | Asked in Family Law for Florida on Oct 14, 2014

Answered on Oct 15, 2014

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John Arthur Smitten's answer
You need to file a case asap in FL to enforce your rights.

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: I want to move myself and son back to NY from FL. Can I do so because i am not married?

1 Answer | Asked in Family Law for Florida on Oct 14, 2014

Answered on Oct 15, 2014

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John Arthur Smitten's answer
Yes you can move if no court orders in place and not married to the father.

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 »