Questions Answered by John Arthur Smitten

Q: How can I get custody of my daughter if she was taken from her mother and given to her uncle without my knowledge?

2 Answers | Asked in Family Law for Florida on Dec 16, 2014

Answered on Dec 18, 2014

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John Arthur Smitten's answer
You have to file a petition to establish and enforce your parental rights.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: My ex's company isn't taking the correct amount out and his pay was not cut?

2 Answers | Asked in Child Support for Florida on Dec 17, 2014

Answered on Dec 18, 2014

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John Arthur Smitten's answer
File a motion against the employer and bring the employer to court if necessary.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: Divorce: Is this blackmail? Do I have to leave the house?

2 Answers | Asked in Divorce for Florida on Dec 11, 2014

Answered on Dec 18, 2014

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John Arthur Smitten's answer
Yes agree this is extortion.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: My husb xgf denied a paternity test to him and he is not on birth cirtificate can she force him to pay childsupport?

1 Answer | Asked in Family Law for Florida on Dec 10, 2014

Answered on Dec 11, 2014

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John Arthur Smitten's answer
If he is not legally declared the father then he has no rights.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: Can I legally be removed from my house?

1 Answer | Asked in Family Law for Florida on Dec 10, 2014

Answered on Dec 11, 2014

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John Arthur Smitten's answer
He has to get an order he cannot just kick you out.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: I live in Florida but my child sup.order was filed in Louisiana. Where do I go to get something done about non payment?

1 Answer | Asked in Family Law for Florida on Dec 10, 2014

Answered on Dec 11, 2014

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John Arthur Smitten's answer
You can transfer the case to FL then proceed in FL

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: Im not married to my sons father but I am ready to leave and take our son out of state. Will I be forced to return?

1 Answer | Asked in Family Law for Florida on Dec 10, 2014

Answered on Dec 11, 2014

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John Arthur Smitten's answer
You have to get a court order or written permission from the father prior to moving.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: Can someone legally wait six years to challenge paternity in FLorida

1 Answer | Asked in Family Law for Florida on Dec 10, 2014

Answered on Dec 11, 2014

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John Arthur Smitten's answer
yes,

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: filed for sole custody and the courts can not find her father to serve him

1 Answer | Asked in Family Law for Florida on Dec 10, 2014

Answered on Dec 11, 2014

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John Arthur Smitten's answer
You have to hire a locator service to try to find him, then after that you can get service of process by publication in the paper.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: Still married but separated in pa husband wants to take kids to florida for vacation. Does he have this right?

1 Answer | Asked in Family Law for Florida on Dec 10, 2014

Answered on Dec 11, 2014

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John Arthur Smitten's answer
yes, perhaps you should let him have fun with his own children.

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Q: I signed a separation agreement in New York several years ago.

1 Answer | Asked in Divorce for Florida on Dec 8, 2014

Answered on Dec 11, 2014

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John Arthur Smitten's answer
If the agreement is in writing then yes it is enforceable in FL. You should have a FL lawyer look at it.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: in s florida can a judge ask for a drug test with no reasonable cause and no lawyer to help you

1 Answer | Asked in Family Law for Florida on Dec 8, 2014

Answered on Dec 10, 2014

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John Arthur Smitten's answer
yes.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: Child's mother is willing to give up child support payments. Is there a specific term or document we should file?

1 Answer | Asked in Family Law for Florida on Dec 8, 2014

Answered on Dec 10, 2014

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John Arthur Smitten's answer
This is a delicate matter. If you want this done you will need papers prepared by a lawyer to submit to the judge.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: I want my parents to have a temporary custody of my 5y son. Do I have to go to court to file?

1 Answer | Asked in Family Law for Florida on Dec 8, 2014

Answered on Dec 10, 2014

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John Arthur Smitten's answer
You have to file petition for custody by a relative. This can all be done by consent and you have to go before the judge.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: ex keeping baby from me what is the quickest way to be able to start seeing my child again no custody agreement filed

1 Answer | Asked in Family Law for Florida on Dec 8, 2014

Answered on Dec 10, 2014

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John Arthur Smitten's answer
You have to go to court to enforce your rights.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: the father of my child is not on birth certificate my son .i let him take care of baby what do i do

1 Answer | Asked in Family Law for Florida on Dec 9, 2014

Answered on Dec 10, 2014

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John Arthur Smitten's answer
You need to go to court to enforce your rights. Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: I pay child support/agreement to see my son. She not allowing me to see my son.(do I have to pay child support)

1 Answer | Asked in Family Law for Florida on Dec 9, 2014

Answered on Dec 10, 2014

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John Arthur Smitten's answer
You still have to pay child support. I recommend filing a motion for contempt to enforce your rights.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: My child now lives with me.I showed proof to child support. How long before I won't have to pay any more child support

1 Answer | Asked in Family Law for Florida on Dec 9, 2014

Answered on Dec 10, 2014

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John Arthur Smitten's answer
You also have to file a petition to modify custody with the court.

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: If I am married & my wife wants to file for divorce, is there anything I can do to avoid being put on child support?

1 Answer | Asked in Family Law for Florida on Dec 5, 2014

Answered on Dec 8, 2014

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John Arthur Smitten's answer
She can force you to pay and have it garnished from your paycheck. Use of a lawyer is recommended.

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