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Questions Answered by John Arthur Smitten
1 Answer | Asked in Family Law for Florida on
Q: How do I dis-establish paternity in the state of Florida?
John Arthur Smitten
John Arthur Smitten
answered on Aug 20, 2016

You should hire a lawyer to represent you in the case.

2 Answers | Asked in Family Law for Florida on
Q: Family law halfway threw establishing paternity she says hes not mine

She won't let me see my boy so I filed motion to establish paternity doing good so far alone agenst her lawyer I'm proud of my progress although we have mediation in a month and now she's saying he's not my child but won't consent to a DNA test outside of court what do I do... View More

John Arthur Smitten
John Arthur Smitten
answered on Aug 20, 2016

Get a judge to Order DNA. You should hire a lawyer to represent you in the case.

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1 Answer | Asked in Family Law for Florida on
Q: I left my son with his grandmother and she's now saying I abandoned him. no court case yet, can i go get him?

I left her with the proper documents and funds to ensure his well being and moved out of state, trying to get an apartment before returning for him. She stopped returning my calls, then stopped answering them, then blocked me on facebook. My parental rights are still in place and there is no court... View More

John Arthur Smitten
John Arthur Smitten
answered on Aug 20, 2016

Grandparents have zero rights so you can certainly go get the child. You may need police assistance or a court order. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law for Florida on
Q: My daughters grandparents have had guardianship of her and I am wondering the process of ending the guardianship.

I live in a different state with my husband and our child. This was a voluntary guardianship that happened in FL when she was an infant and I was a teenager. She is now 9 years old, we have always maintained a good relationship with her and she spends time with us frequently in our home. We are in... View More

John Arthur Smitten
John Arthur Smitten
answered on Aug 20, 2016

You have to file a petition for termination of the guardianship. You should hire a lawyer to represent you in the case.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: What are the chances of my sons father getting custody when we were never married and I have raised my son all his life?

I recently moved back home to Florida while my son was visiting his father for the summer. My ex refuses to give him back per our agreement. He has filed for physical custody. I have raised my son his whole life. He has siblings here and is closer to his step father than his real dad. I know his... View More

John Arthur Smitten
John Arthur Smitten
answered on Aug 20, 2016

Not likely he will be successful. You should hire a lawyer to represent you in the case.

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1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Is it easier for a father to win a custody battle if the child has only been living with me for a few days?

My child's mother wants our son to live with me "temporarily" while she gets her life together. She previously verbally agreed to go through the court system to terminate child support. When I gave her the parenting plan she refused to sign and now expects my son to live with me... View More

John Arthur Smitten
John Arthur Smitten
answered on Aug 18, 2016

Each case for custody is decided on the bests interests of the child and Florida Statute 61.13.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone:...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: What to do if my children's father is arrested and we have shared custody?

I am in the middle of divorce proceedings and have temporary shared custody and child support orders. My ex fled the stated 3 months ago and has had no contact with his children or paid any support. He was arrested today on a warrant for driving on a suspended license back in December. In May he... View More

John Arthur Smitten
John Arthur Smitten
answered on Aug 18, 2016

File a petition for sole custody.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

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

jsmitten@careyandleisure.com

www.careyandleisure.com

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Can some one who has ssi for another child pay child support and how. Can I terminate my rights to my children
John Arthur Smitten
John Arthur Smitten
answered on Aug 18, 2016

You cannot just sign off on your kids there has to be an adoption or a court order.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax:...
View More

2 Answers | Asked in Divorce and Child Support for Florida on
Q: I just lost my job. What do I do about my child support payments if I can't afford them.
John Arthur Smitten
John Arthur Smitten
answered on Aug 18, 2016

You have to file a petition to suspend or lower the support payments.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944...
View More

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1 Answer | Asked in Divorce for Florida on
Q: Can I pursue an alimony/child support modification in FL if my divorce was finalized in GA?

Because of changes in my health, my employment situation will soon be changing and will reflect a substantial decrease in income. I have lived and worked in FL since 2013. My divorce was finalized in GA in 2015. Is it possible to domesticate this case to FL?

John Arthur Smitten
John Arthur Smitten
answered on Jul 25, 2016

Yes you can bring the case to FL if no party lives in GA. You should have a lawyer represent you in the case.

1 Answer | Asked in Family Law for Florida on
Q: Can a father who lives mexico who never did anything for his children fight for them?

my sister has solely supported her US born children without the support of their father who lives in mexico for 10yrs he does communicate with her but nothing else never anything financial. Now he has a lawyer in mexico threatening for custody. Can he legally take the kids if he never was married... View More

John Arthur Smitten
John Arthur Smitten
answered on Jul 25, 2016

He has zero chance of getting custody. The case would have to be filed in FL. You should have a lawyer represent you in the case.

1 Answer | Asked in Family Law for Florida on
Q: what qualifies as a breach, in this statement in our court custody papers: listed below in "more info"

the parties shall not harrass one another nor should they interfere in any way with one another's private, social, and business activities. whats that mean in custody papers

my ex has been butting in my personal life and and harassing, using our daughter as a reason when he has said on... View More

John Arthur Smitten
John Arthur Smitten
answered on Jul 25, 2016

That would qualify. You should bring this to the attention of the court. You should have a lawyer represent you in the case.

2 Answers | Asked in Family Law and Juvenile Law for Florida on
Q: Where do you go to start the process of emancipation? And usually how long does it take to become emancipated?
John Arthur Smitten
John Arthur Smitten
answered on Jul 25, 2016

You have to file a petition with the local court. You should have a lawyer represent you in the case.

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1 Answer | Asked in Divorce and Child Custody for Florida on
Q: Are payments made to the state SDU considered paid by the obligor when received by the SDU or by the payee?

I make child support and alimony payment through the State of Florida SDU to my ex-spouse. I get paid on the 15th and 30th. and make 2 payments a month. The State SDU shows a payment received from my employer on June 30. The funds were not made available to my ex-spouse until July 1. I believe I am... View More

John Arthur Smitten
John Arthur Smitten
answered on Jul 18, 2016

When received by SDU.

1 Answer | Asked in Divorce for Florida on
Q: How much will I owe my wife for passive appreciation in a FL divorce on my house?
John Arthur Smitten
John Arthur Smitten
answered on Jul 18, 2016

she will likely get 125k unless you can prove set offs like costs, taxes, etc. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Divorce for Florida on
Q: Ex has be absent for 8 years, drug use, in and out of jail. Do I have to prove this to file sole custody in divorce case

He has not been in the picture for 8 years now and lives in OK state, he has recently contacted me about wanting to see his son. I am filing for a divorce and am afraid they may want me to have a shared parenting plan with him. He has had a extensive history of drug abuse, in and out of rehabs and... View More

John Arthur Smitten
John Arthur Smitten
answered on Jul 18, 2016

Sole custody is 100% your burden of proof so prepare the evidence you need. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: Can DCF obtain a signed order from a judge forcing me to submit to a drug screen due to an anonymous report to hotline?

Long story short, currently involved in custody, believe the anonymous reporter is the other party. Reporter states seeing bruises and track marks up and down my arms, dcf and deputy come to my home at 11:30pm. She advised me of the allegations (suspected drug use due to alleged bruising and marks)... View More

John Arthur Smitten
John Arthur Smitten
answered on Jul 18, 2016

If there is an order for drug testing then you have to do it, but don't let DCF bully you. You should hire a lawyer to represent you in the case.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Selling marital assets during a separation with claiming ownership of everything at the marital residence.

We separated and I moved out and when I went back to get my belongings, things were missing like tools, car parts and I asked where my things were she said that all contents of the house (which is rented) was her's.Also the title on my car reads "or" so she switched it over and put... View More

John Arthur Smitten
John Arthur Smitten
answered on Jul 18, 2016

She cannot just sell your stuff, file a motion for contempt/enforcement. You should hire a lawyer to represent you in the case.

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1 Answer | Asked in Child Custody and Child Support for Florida on
Q: If there is a court order for my boyfriend to have his daughter on the weekend and the mother tells him he is not gettin

Her because they got in a argument can she do that what would we have to do to get his time that is court order now the thing is he is behind on child support but I feel that shouldn't matter time spent with a child is more important

John Arthur Smitten
John Arthur Smitten
answered on Jul 4, 2016

If there is a court order and she is not in compliance then file a motion for contempt. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Child Custody for Florida on
Q: My ex is in the military, we have had this custody battle for a year and his lawyer keeps trying to push the final back

He has orders that moves him out of state that has current Jurisdiction. I have not lived there in 3 years and I am the primary custodial parent. Since he has orders to move to another states can I move this to my current state and have his dismissed?

John Arthur Smitten
John Arthur Smitten
answered on Jul 4, 2016

Yes if the child no longer lives in FL then file a motion to have the case moved to the state where the child lives. You should hire a lawyer to represent you in the case.

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