Family Law Questions & Answers

Q: How do I get full custody of my son who is now 12 and his father left the country?

1 Answer | Asked in Family Law for California on Oct 23, 2014

Answered on Oct 24, 2014

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Gina Marie Famularo's answer
File a Request for Order. Request sole legal and physical custody. Tell the court the above facts. Your request will likely be granted.

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Q: Can I still receive child support if the father and I are still legally married?

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
Yes, but it depends upon the facts, none of which we know. Get to a local family attorney for answers to all of your questions.

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Q: Am I entitled to financial support to move out from my domestic partner of 13 yrs with one child if it has been abusive?

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
No, other than child support, you cannot get financial support in FL under your circumstances. But I only know what you have written, and there might be more that you can seek depending upon the facts. If you own real estate together, for instance, you could bring a partition action to have the home sold and the proceeds divided. This would be a leverage to get money from him, if it is possible.

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Q: If ive lost parental rights to my child do i still have to pay child support

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
It depends upon the facts, and wall we know is what you wrote, and that is simply not enough for an answer. Usually, when you lose parental rights, and you did not say how, you do not have responsibilities unless it is court ordered.

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Q: My neice recently passed away leaving her 22 year old son, 18 year old daughter and her 6 year old son i has dad was out

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
An aunt could potentially file a petition for temporary custody by extended family if the father will consent. If he will not consent then the aunt will need to be able to prove by clear and convincing evidence that the father is unfit. A natural parent is the custodian of the child by law. The aunt needs to hire an attorney, without one she will get nowhere.

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Q: I have custody of my son who is 14 my ex wife has custody of our 10 daughter. I agreed through mediation to pay 250.00

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
You already agreed. It is in writing, and there has probably already been an order entered. Now, you might have to show that the agreement was the product of fraud, coercion, duress, or overreaching in order to get the agreement set aside. You need to get an attorney on this immediately.

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Q: I live in SC my ex moved to FL. He hasn't paid his child support since my daughter was 7. She is now 21. Can I collect?

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
You need to speak with an attorney where you are to find out how to collect the child support.

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Q: Would i be able to get joint custody of my child when the mother wants me to pay $400 a month ?

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
You, like so many others, are asking the wrong question to ask. We do not call it custody in FL because the law call it time-sharing. Sharing means that the child should spend as much time as possible with each parent. It is complicated and you need to go see a family lawyer whenever you have a legal issue.

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Q: my husband and son moved to alabama

1 Answer | Asked in Family Law for Florida on Aug 11, 2014

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
How long ago did they move to AL? If it was less than 6 months ago, you should be filing a divorce in FL. If you do not want to do that, none can help. You need an attorney for this, and might need to get an attorney in AL.

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Q: if my husband has been living in new york for years and i live in flordia with my child, could i move out of state too

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
Without knowing any facts other than what you have written, it is hard to answer a question like this. There is no divorce case anywhere, right? If that is the case, why can't you live where you want to live?

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Q: can my ex take me to court for cs on our 19 year old son

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
You would have to ask an attorney in Alabama this question.

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Q: My sons and I live in FL, but their father lives in IL. Through which state would I file for child support?

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
You would file for child support through the state of FL which would then request that the state of IL start a child support action there.

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Q: Harboring a runaway from dad who lives in homeless shelter. Mom knows, and sent a pick up. Im 21, he's 17. Florida.

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
This factual scenario is very hard to follow. There are many things going on and it depends upon the facts as to what can happen and what crime might be charged. It is a third degree felony to interfere with custody of a child. That carries a potential but unlikely 5 years in prison punishment.

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Q: How long does a child support order take in Orange County FL

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
You know what? Asking questions on an internet forum like this is not going to get you the actual hands on work that needs to be done for you by an attorney. My suggestion is that you hire one to get this done as swiftly as possible instead of waiting on the state to do it.

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Q: What states has the jurisdiction over this matter Arizona or Florida?

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
If the child has lived in AZ for six months, it has become the home state of the child. That does not mean that state automatically has jurisdiction over you. You need to consult with an attorney in that state to find out more.

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Q: Can a New Hampshire Court order me to take a Paternity Test even though I live in Flordia

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
Yes, a court in NH can order you to take a paternity test if you are a party to a court case that is pending there. You need to hire an attorney in NH for the case there.

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Q: can a 12 year old go and live with grandmother.

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
What you need to do is speak with the parents about this. If they will consent, it can be a quick and easy petition for temporary custody by extended family. If they will not consent, it can be a very expensive fight to prove that they are unfit. So, the best thing to do is first speak with them about consenting to having the child come live with you.

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Q: Hi . My son is 17 and was in a correctinal youth facility since he was 15 now he cut off his moitor and left what next?

1 Answer | Asked in Family Law for Florida on Aug 22, 2014

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
Are you saying that he escaped from the juvenile detention facility? Or did he get out and have a monitor which he removed and then he fled? There will be a warrant issued for his arrest in either event, and he will eventually be apprehended and taken into custody. Then the court will decide what to do with him. He will undoubtedly need to get a private criminal defense attorney.

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