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Questions Answered by John Arthur Smitten
1 Answer | Asked in Child Custody for Florida on
Q: How can I get emergency custody of a 5 year old child that's been in my care for a year.
John Arthur Smitten
John Arthur Smitten
answered on Jul 4, 2016

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

2 Answers | Asked in Child Custody and Child Support for Florida on
Q: Can I get a paternity test when the mother of my child refuses to give me one?

Since she is still legally married, her husbands name is on the birth certificate. She tells me that it is my child and I want joint custody of him because she doesn't let me see him unless I have money to give her.

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

You have to file a petition to establish your legal rights. 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: How do i go about getting a legal separation in Florida. Don't want a divorce for religious reasons and health insurance

Spouse provides health insurance for me and children and other medical policies

John Arthur Smitten
John Arthur Smitten
answered on Jun 27, 2016

File for Separation, you can do that in FL .

Experienced Personal Injury Attorney

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

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

Careyandleisure.com

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: My ex is trying to send our son to a different daycare. i have parental responblites of him.

How do i stop her from doing this and what paper work do i have to file if i live in state of florida.

I would also like to subpeano the daycare she wants our son to goto to disclose information.

John Arthur Smitten
John Arthur Smitten
answered on Jun 27, 2016

Please refer to your parenting plan. If you do not have one then get one.

Experienced Personal Injury Attorney

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

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

Careyandleisure.com

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: same situation did closed case 2nd incident. he is taking AA and batters intervention would etc take my kids

domestic battery against husband 1st time dropped 2nd taken into custody and sentenced enrolled in AA and taking batters intervention if we try working things out and getting back together taking marriage classes and things together to build our relationship will dcf take the kids closed the case... View More

John Arthur Smitten
John Arthur Smitten
answered on Jun 27, 2016

probably not. Make sure you continue in counselling.

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 Adoption and Family Law for Florida on
Q: My husband is willing to adopt my daughter and her paternal also agree, what process do I need to do?

She is currently on my maiden name, we are never married but he is on the birth cert, but he is also willing to sign the paper for my husband to adopt her. We are both in the military and he is currently paying child support.

John Arthur Smitten
John Arthur Smitten
answered on Jun 27, 2016

File a petition for step-parent adoption.

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

2 Answers | Asked in Family Law for Florida on
Q: I am required to give flight itinerary for overnight trips would sleepovers in town at grandma house be considered same
John Arthur Smitten
John Arthur Smitten
answered on Jun 27, 2016

If you are having the child fly to a destination then yes you should provide an itinerary.

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

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3 Answers | Asked in Family Law, Health Care Law and Public Benefits for Florida on
Q: Do I have pay for my daughter's health insurance even though she receives Medicaid through her mother?

I am court ordered to pay for the insurance, and I have done so for years. I am just wondering if there are any legal ramifications for just using her Medicaid that she already receives instead of pay for private insurance that I am not even happy with.

John Arthur Smitten
John Arthur Smitten
answered on Jun 22, 2016

Refer to the terms of your order. Medicaid is a last resort if you are ordered to pay for private insurance then you have to do that.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Where can I find a reliable divorce attorney who won't cost me an arm and a leg to represent me in my divorce case?

Someone who specializes in establishing visitation rights for fathers, reestablishing child support, and a case where there are absolutely no assets to fight about.

John Arthur Smitten
John Arthur Smitten
answered on Jun 21, 2016

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

2 Answers | Asked in Family Law for Florida on
Q: My ex boyfriend lives in RI I live FL he wants full custody can he take my boys away

I have been in FL for 3 months. He is not on the birth certificates of both of them. I had my baby in Florida but my 3 yr old was born in Rhode island. He left the home in November and left me with his 2 kids one was 18 and the other one 15 I went to department of human services for help and... View More

John Arthur Smitten
John Arthur Smitten
answered on Jun 21, 2016

You have to live in FL for 6 months with the kids before you can file a new case in FL.

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2 Answers | Asked in Family Law for Florida on
Q: If I remarry my ex wife again will my arrears in child support be wiped?

In the state of Florida

John Arthur Smitten
John Arthur Smitten
answered on Jun 21, 2016

no.

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2 Answers | Asked in Child Custody for Florida on
Q: Can I take my son out of state, without his father doing anything? Neither of us have custody.
John Arthur Smitten
John Arthur Smitten
answered on Jun 22, 2016

You have to comply with the Statute. 61.13001

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2 Answers | Asked in Child Custody for Florida on
Q: My childs dad was keeping her for the school year, so they could get to know each other after he was released from 3yr

Prison term. After the xmas holiday he stopped communicating except for a few texts. I since have found he took her to S.C. from Cent'l Fla! Without any court agreement or my knowledge. How do I get her home? She is 7yrs old. We were never married, and no DNA!

John Arthur Smitten
John Arthur Smitten
answered on Jun 22, 2016

Hire a lawyer ASAP

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1 Answer | Asked in Family Law for Florida on
Q: I want to move to Texas with my daughter, her father isn't my husband (never married). Do I need his permission?

I am married but separated, the father isn't my husband but an ex boyfriend. He doesn't want to allow me to take my daughter to Texas, he threatens to call the police and file kidnapping.

John Arthur Smitten
John Arthur Smitten
answered on Jun 13, 2016

If not married to him and no court order of any kind in place then you can move without his permission.

1 Answer | Asked in Family Law for Florida on
Q: Can the father relocate my kids to another county, if children live with me?

The father has filed relocation with child support. He currently lives with his mother and sister. The sister has a child thats 11yrs old. My exhusband is 40 years old and since we separated 2010 he has never helped me financially with the children. He also got a psychologist that we had to meet... View More

John Arthur Smitten
John Arthur Smitten
answered on Jun 13, 2016

If the court allows him to move then he can do that. Hire an attorney to help you in this case.

1 Answer | Asked in Divorce for Florida on
Q: I go married in iran and my wife seposed to come to america with refugee case but at the end she did not come to florida

Do i need to file for divorce?since we never meet each other in america??

John Arthur Smitten
John Arthur Smitten
answered on Jun 13, 2016

If you are married and do not want to be married then file for divorce in FL.

1 Answer | Asked in Divorce for Florida on
Q: In my divorce papers, that if my exwife moves back where we are from i will no longer pay cs how do I enforce the split

We are supposed to have split custody if she moves from her house in Elberta Al. to Pensacola Fl. and that I would no longer have to pay CS due to equal living arrangements with the children this is written in our divorce papers. I'm trying to find out what I need to do to enforce this and if... View More

John Arthur Smitten
John Arthur Smitten
answered on Jun 13, 2016

If you want to enforce the order in FL then register the order in FL.

2 Answers | Asked in Divorce for Florida on
Q: I asked a question but not set up as a user. So, again. My wife won a lawsuit against a workman's comp. insurance

company. She negotiated $105K settlement. We deposited in a joint acct. She now wants a divorce. Is that her money or our money?

John Arthur Smitten
John Arthur Smitten
answered on Jun 13, 2016

It will be mostly her money, you may get a small part not much. She was injured not you

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Support during separation

Well separated going into a divorce what am I obligated to pay for support I have two children ages 15 and 16 living with their mother I make roughly $700 a week and she is demanding 500 which is not going to work

John Arthur Smitten
John Arthur Smitten
answered on Jun 5, 2016

You should hire a lawyer to represent you in the case. More information is needed. $500 a week is too high

2 Answers | Asked in Family Law for Florida on
Q: Can I move out of Florida with my child if. Me and the. Childs father was nevermarried and never lived together

child does not have. Hid last name and

John Arthur Smitten
John Arthur Smitten
answered on Jun 5, 2016

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

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