Hes been gone 10 yrs ,filed a motion for pickup.msjastrate approved it ,even knowing she doesn't know him ,she's self harming and I want to get her home can I get in trouble if I have evidence proving she's being mentally emotionally physiology abused? We had one zoom hearing then... View More 
We have been separated for 5 years now. She is remarried and has another child with her husband. She does not work and stays home with all the kids and homeschools them. Her husband makes approximately double what I make, and they live a lavish lifestyle, yet I send her money each week. This is a... View More
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answered on Apr 30, 2024
A new spouse’s income doesn’t count for child support. You need to go to court for a formal parenting plan if you don’t have one. Speak with a local family lawyer for more specific advice.
If I’m paying child support and I’m unable to talk to nor see my child due to the parent denying my calls and texts for years and move to another state with my child; Am I able to ask the judge to waive my child support payments to be able to afford a lawyer in the other state so I can get my... View More
The couple can't live together in the same house. Then the mother would like to go to another place with her daughter. But the husband says that what she's doing is called kidnapping. What can the mother do?
answered on Apr 22, 2024
If there are no existing divorce proceedings or custody agreements, the mother must secure consent from the other parent or obtain court approval before relocating. This process can become legally intricate, particularly if the other parent opposes the move. Consult a local family law attorney to... View More
Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More
answered on Apr 22, 2024
When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More
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answered on Apr 19, 2024
It may be illegal to share an Alabama custody order in a Florida case where the clients are different if the Alabama custody order is considered confidential by law and a motion that will allow it to be presented as evidence before the Court has not been granted. However, if the foundation has... View More
Last Friday was day 45 when all mandatory disclosure and financial affidavits were due to be turned in / delivered by mail. We still have not received them. We found a motion to compel but it says you must attempt by contacting party/attorney to get the documents before filing the motion. We sent... View More
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answered on Apr 17, 2024
Ask the attorney for a specific date for compliance. If they will not agree or if it is too far out then file the motion to compel. Speak with a local family lawyer for more specific advice.
I'm wary because its through email and it seems not to be a court order. Just told "oral depositions is a normal discovery procedure authorized by the Florida family rules of procedure. Your attendance at this deposition is mandatory. I am only giving you the courtesy of coordinating it... View More
answered on Apr 10, 2024
Because you are a party, you are required to appear for deposition when you receive a formal written Notice. Typically, her attorney would contact your attorney to discuss available dates for scheduling. If you do not have an attorney, her attorney would reach out to you for available dates, most... View More
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answered on Apr 6, 2024
If it goes to trial, you will need to have witnesses to the DV incident or incidents, Records from cases that was dismissed are hearsay and therefore not admissible.
I have been wanting to live with my mother again for years he lied about her and said that she was abusive and unstable when she wasnt and im happier with my mom but mentally broken with my dad is there a way i can go back to living with my mom?
answered on Apr 5, 2024
Presently residing with your father, there's a possibility of transitioning back to your mother's care. As a 15-year-old, your perspective carries considerable importance in custody matters. The emotional strain you endure provides a compelling basis for revising the current custody... View More
Is there any Florida case law, that states when a court suspends a parent’s timesharing that, they are not held to this statue and are not required to pay 100% child support to the other parent. This parent cannot exercise their timesharing because the courts suspended it, it's not that the... View More
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answered on Mar 29, 2024
The short answer is NO. Although child support and timesharing are interrelated, a suspension of timesharing does not suspend a child support obligation. The financial obligation is ongoing pursuant to the court order unless and until it is changed. Speak with a local family lawyer for more... View More
My spouse and I reached an agreement in mediation. However, since then he has proceeded to recant almost all of the terms agreed to. My fear is that he will continue to do this to prolong the divorce process.
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answered on Mar 22, 2024
If you reached an agreement at mediation that was reduced to writing and that you both signed then it is binding on both of you. If he is not following the terms then you can return to court to enforce the issue. If you reached an agreement but did not write it down and sign it then there is no... View More
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answered on Mar 21, 2024
You need to file a Motion to Enforce to notify the judge that an order has been violated. Then you need to request a hearing on that motion. Speak with a local family lawyer for more specific advice.
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answered on Feb 22, 2024
You may be able to get your children but you must first return to the court that issued the order giving your mother custody. The change is not automatic. Speak with a local family lawyer for more specific advice.
I have a 4 year old daughter. I am currently going threw a divorce. my Divorce lawyer tells me that I have to get my own place. I live with my brother and I have my own room. I am on the lease now. I told my DL that I can give my daughter my room and I can set up the livingroom for myself. So it... View More
answered on Feb 15, 2024
You should believe what your attorney tells you; or get another attorney.
Petitioner filed for dissolution of marriage. Respondent answered and filed a counter petition. Petitioner answered with a general denial. What is next?
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answered on Feb 5, 2024
Next is the exchange of mandatory disclosure. Read family rule 12.285 for the list of what is required. After the parties exchange the discovery (documents) then the court will probably order you to participate in mediation. Speak with a local family lawyer for more specific advice
Can I file a motion for temporary support, time-share, and other relief with dependent or minor children after my spouse has already answered/denied my counter petition to their divorce petition? Also, my attorney will be away for a few weeks. Can I file it myself? It’s become an urgent matter as... View More
answered on Feb 5, 2024
Yes, you can file a motion for temporary relief, but if you are represented by an attorney you would need to have them file the motion. If you were not represented by an attorney you could file the motion on your own. Be aware that some jurisdictions have administrative orders that apply to family... View More
My daughter goes to her father’s every other weekend. Recently we found out that he gave her room to the new baby and now she is sleeping in the living room on the couch. Is this acceptable living standards for a 9 year old, per the court.
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answered on Feb 5, 2024
The legal standard is what is in the best interests of the child. If this is the best solution for the father and the child is not suffering then you may just have to deal with it. There is no bright line rule regarding a situation like this. Speak with a local family lawyer for more specific... View More
My spouse served me with divorce papers after I put a temporary injunction on them. Currently I am occupying the marital home and have full time-sharing/custody of the children (due to temporary injunction). If I voluntarily dismiss the temporary injunction, will my spouse be able to come/go from... View More
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answered on Feb 2, 2024
You need to address these issues with the judge that is handling your divorce case. If there are no court orders to the contrary than you continue to share the children and the house. Speak with a local family lawyer for more specific advice.
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answered on Jan 30, 2024
You do not say whether you are married or not. If the father is absent then you already have full custody. If you are looking for legal rights that you do not currently have then you need to go to court, either with a new case or a motion to modify an old case. Speak with a local family lawyer for... View More
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