Family Law Questions & Answers

Q: My son was born in Okc. I moved to Florida & his father came later. His father is now back in Okc, where do I file at?

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

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
Where do you file what? If the child resides in FL for at least 6 months, it is the home state of the child and any paternity action, if that is what you are talking about, should be filed here.

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Q: My daughter is a single parent in Florida whom receives child support from biological father who lives in new York.

2 Answers | Asked in Family Law for Florida on Oct 30, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
You can file a petition for temporary custody by extended family, but you need the father's consent. If you do not have his consent, then you have to prove by clear and convincing evidence that he is unfit. The best thing for you to do is to go talk to a family lawyer in your area about this.

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Q: If a father of a child gets married can he get full custody of my child just because he has gotten married

1 Answer | Asked in Family Law for Florida on Oct 30, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
This is confusing. Who is it that got married? Getting married is not a substantial change in circumstances which would warrant a modification of an existing order, standing alone. There are certainly more facts, and we would need to review all pleadings in order to answer your question fully. Get counsel on your side.

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Q: If im on child support now but I am not menally incompetent and do not work do i have to still pay child support

1 Answer | Asked in Family Law for Florida on Oct 30, 2014

Answered on Oct 31, 2014

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Robert Jason De Groot's answer
What you can do is probably file a petition for modification now that you have been found to be incapacitated. The best thing to do is go see an attorney about this and find out what your options are in a face to face open discussion of the issues. If you cannot work because of your mental disability, you should apply for social security benefits if you can qualify. Unless and until there is a modification of the child support order, you must pay the child support.

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Q: my ex husband and i have joint custody. i have her 90% of the time. can i request full custody?

1 Answer | Asked in Family Law for Florida on Oct 29, 2014

Answered on Oct 30, 2014

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John Arthur Smitten's answer
You have to go back to court and modify the order in your favor.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

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

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: What adoption process do i follow to adopt my stepchild in Florida?

1 Answer | Asked in Family Law for Florida on Oct 29, 2014

Answered on Oct 30, 2014

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John Arthur Smitten's answer
You still have to go through the process to terminate parental rights and for adoption.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

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

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: I was granted temporary custody of my grandson in2013. Can I move out of state with him or do I need an attorney?

1 Answer | Asked in Family Law for Florida on Oct 29, 2014

Answered on Oct 30, 2014

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John Arthur Smitten's answer
You have to get a court order.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

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

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: My son who is disabled is about to turn 19. His father refuses to agree to continue child support. Any recourse?

1 Answer | Asked in Family Law for Florida on Oct 29, 2014

Answered on Oct 30, 2014

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John Arthur Smitten's answer
Yes, a special needs adult child is entitled to support for so long as they are dependent (less any Social Security monies received), you need to go to court to get the child support extended.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

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

jsmitten@clnwlaw.com

www.careyandleisure.com

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Q: Can a father get child support if he makes 19 dollars and hour and mother only makes 9 dollars an hour....

1 Answer | Asked in Family Law for California on Oct 28, 2014

Answered on Oct 29, 2014

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Gina Marie Famularo's answer
Yes. Income is only one consideration in determine child support. The other is timeshare. What is mother's timeshare? This information is needed to calculate child support.

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Q: Can an ex wife sell the home. Husband left the family and now lives out of the country and unable to come back due to

1 Answer | Asked in Family Law for California on Oct 28, 2014

Answered on Oct 29, 2014

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Gina Marie Famularo's answer
If you are asking me if life can legally sell the property, the answer is "I do not know." That would depend on whether a divorce has been filed, is pending, or, if the divorce has been finalized, the terms of the judgment.

If you are asking, can wife as a practical matter sell a piece of property, the answer is "Yes." The wife can sell the property if she is only on title or gets a court order allowing her to sell the property without husband's permission. However, if husband has an...

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Q: In the state of florida if a junevile was denied due process, can the whole case be dropped?

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

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
What your son needed back then was a private attorney. I hope this has been resolved by now.

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Q: If theres no custody set up is it illegal to take a child out of state

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

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
There are not enough facts here to form any sort of opinion. Basically, no.

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Q: Baby born in massachusetts. I moved to florida with babies father for 1 year, can I move back to mass without him.

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

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
You asked this many months ago. No one answered until now. FL had become the home state of the child and if you moved, the father had 6 months to file a paternity action to try to get you to return the child to this state. If he did not do that, then MA would be the home state of the child and any custody determination would need to be made in that state.

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Q: Today is my 18th birthday and my mother continues to threaten to throw me out. How can I ensure that I stay at home

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

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
You asked this back in January and I hope things have gone well for you since then. Keep the father on your side.

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Q: I was given permanent guardianship of my granddaughter. Can I move out of state with her.

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

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
Only if the court allows this. Since you have an actual guardianship case, you have to report yearly to the court and that judge has the ability to order your reasonable requests.

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Q: I have custody rights to my granddaughter,her father has just passed and her step mother is trying to take custody.

1 Answer | Asked in Family Law for Florida on Feb 5, 2014

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
You asked this question many months ago, and I hope you have gotten to an attorney by now.

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Q: My son born in texas, and now his father has filed child custody in Georiga, do GA law apply or texas law?

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

Answered on Oct 29, 2014

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Robert Jason De Groot's answer
It depends upon a lot more facts than what you have written here. If a suit is filed in any state, you need an attorney in that state.

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