Family Law Questions & Answers

Q: Child Care

1 Answer | Asked in Family Law for Alabama on Jul 28, 2014

Answered on Jul 28, 2014

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William E. Scully Jr.'s answer
Yes and no. (Just the answer you were looking for.) In calculating child support, extra curricular activities...like camps, are assumed in reaching the monthly child support award. Sometimes parties will agree that they will split certain extracurricular activities. If your decree says you have to split certain extracurriculars, then that's what you need to do. However, work related child care expenses are also calculated into the gross monthly child support amount. If your decree has a...

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Q: My son and his girlfriend have two children together. They have recently separated she is wantwanting to lleave the stat

1 Answer | Asked in Family Law for Florida on Jul 28, 2014

Answered on Jul 28, 2014

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John Arthur Smitten's answer
he needs to file a petition with the court asap to enforce his rights otherwise she can leave.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

john@tcarey.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-674-4433

careyandleisure.com

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Q: How can I go about getting joint custody of my 1 year old? Her mother is willing because she is going into the military.

1 Answer | Asked in Family Law for Florida on Jul 28, 2014

Answered on Jul 28, 2014

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John Arthur Smitten's answer
If everyone agrees then you can have it reduced to writing then approved by the court.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

john@tcarey.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-674-4433

careyandleisure.com

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Q: Can I get child support if I'm married and my husband signed the birth certificate even though he is not the real father

1 Answer | Asked in Family Law for Florida on Jul 28, 2014

Answered on Jul 28, 2014

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John Arthur Smitten's answer
yes, a child born during the marriage is presumed his.

Use of a lawyer is recommended.

John Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

john@tcarey.com

ph: 727-799-3900

ph: 1-800-927-0400

fax: 727-674-4433

careyandleisure.com

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Q: My son went with his mother for the summer. she refuses to return him to me .What should i do next

1 Answer | Asked in Family Law for Florida on Jul 28, 2014

Answered on Jul 28, 2014

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John Arthur Smitten's answer
You have to file a petition and emergency motion to get the child back

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Q: if I file for child support will my son HAVE to visit his mother?

1 Answer | Asked in Family Law for Florida on Jul 25, 2014

Answered on Jul 27, 2014

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John Arthur Smitten's answer
If you just go for support no, but she could petition the court for time sharing. Than you would have to deal with that. Use of a lawyer is recommended in this case.

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Q: My son is 10 yrs old and does not want to live with his father, do I have to send him back to live with his father??

1 Answer | Asked in Family Law for Florida on Jul 25, 2014

Answered on Jul 27, 2014

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John Arthur Smitten's answer
If the last order of the court says you have custody, then you have custody. That said you should go to court and get an updated order. Use of a lawyer is recommended in this case.

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Q: I have 50/50 custody of my son. His father does not want to release my son on the scheduled date. Can I file for contemp

1 Answer | Asked in Family Law for Florida on Jul 26, 2014

Answered on Jul 27, 2014

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John Arthur Smitten's answer
If he is not complying with the order then yes file for contempt of court. Use of a lawyer is recommended in this case.

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Q: My child was removed from her mother by CPS and placed with her grandma.After I establish paternity how do I get custody

1 Answer | Asked in Family Law for Florida on Jul 26, 2014

Answered on Jul 27, 2014

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John Arthur Smitten's answer
You need to get a FL lawyer asap and file for custody and DNA testing to establish your parental rights

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Q: I live in Delaware with my two year old son. His father is in Texas at AIT for the army he has never helped with our so

1 Answer | Asked in Family Law for Delaware on May 20, 2014

Answered on Jul 26, 2014

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Charles Snyderman's answer
Although you have not actually said it, I assume you are asking about child support. I suggest you consult with a Delaware attorney who specializes in family law matters. Good luck.

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Q: Do I have to sue the father for medical insurance and child care if they live in the home.

1 Answer | Asked in Family Law for Delaware on Jun 5, 2014

Answered on Jul 26, 2014

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Charles Snyderman's answer
We need more information. What is your relationship with the father and with the children? Whose home do the children live in?

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Q: how can i get custody back from guardianship in delaware

1 Answer | Asked in Family Law for Delaware on Jun 21, 2014

Answered on Jul 26, 2014

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Charles Snyderman's answer
I'm sorry to say that you have not provided enough facts about your situation. Your question cannot be answered without more information.

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Q: Can a dad from Tn get his kids if the mom goes to jail in jersey and leaves the kids with her sick mom in Delaware

1 Answer | Asked in Family Law for Delaware on Jul 25, 2014

Answered on Jul 26, 2014

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Charles Snyderman's answer
This sounds like a difficult situation, and it's good that you are asking before taking matters into your own hands. I am not a family law attorney, and I recommend that if you do not hear back from someone who is, you should contact a Delaware attorney who specializes in family law. The consultation fee will be money well spent.

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Q: how can i get full custody of my child since the child dad lives in iowa

1 Answer | Asked in Family Law for Delaware on Jul 20, 2014

Answered on Jul 25, 2014

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Charles Snyderman's answer
If you are a Delaware resident, I suggest that you schedule an appointment with a Delaware lawyer who specializes in family law. If you would like some names, please contact me.

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Q: What paper works do i need to fillout for my stepson to stay with me

1 Answer | Asked in Family Law for Florida on Jul 24, 2014

Answered on Jul 25, 2014

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John Arthur Smitten's answer
Petition for custody by a relative. Use of a lawyer is recommended in this case.

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Q: Is it true that if a mother has no job, that she does not have to pay child support in florida?

1 Answer | Asked in Family Law for Florida on Jul 24, 2014

Answered on Jul 25, 2014

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John Arthur Smitten's answer
not true. Everybody pays. Use of a lawyer is recommended in this case.

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Q: How long does a changing a minor's last name take if both parents consent to the name change?

1 Answer | Asked in Family Law for Florida on Jul 24, 2014

Answered on Jul 25, 2014

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John Arthur Smitten's answer
courts are slow so 60 days. Use of a lawyer is recommended in this case.

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Q: How long does a child have to resided in a home in Florida in order to gain temporary guardianship?

1 Answer | Asked in Family Law for Florida on Jul 24, 2014

Answered on Jul 25, 2014

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John Arthur Smitten's answer
At least 14 days then you can apply for a court order. Use of a lawyer is recommended in this case.

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Q: does a durable power of attorney I have override a no contact order that was placed between us through the state of DE.

1 Answer | Asked in Family Law for Delaware on Jul 22, 2014

Answered on Jul 24, 2014

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Charles Snyderman's answer
Not sure I understand your question. However, assuming person A gives POA to person B, and a court orders person B to have no contact with person A, the court order controls everything.

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Q: Can a woman sign off on receiving child support off of a second job

1 Answer | Asked in Family Law for Michigan on Jul 21, 2014

Answered on Jul 24, 2014

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Kelly Lambert's answer
It is possible to stipulate to an amount for child support if both parties agree, which could mean not including income from a second job.

Kelly G Lambert III

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