Florida Questions & Answers

Q: My sons mother moved away 4 years ago an has had no contact in 3 years can she lose her rights?

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

Answered on Jul 30, 2014

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John Arthur Smitten's answer
Yes, potentially, If you want to terminate parental rights that would mean she has no rights to the children ever.

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 custody and parenting be finalized while a parent is incarcerated?

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

Answered on Jul 30, 2014

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John Arthur Smitten's answer
yes, the case will not be held up just because someone is in jail.

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 do I get custody of my brother's little girl. She is six

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

Answered on Jul 30, 2014

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John Arthur Smitten's answer
you have to file a petition for relative custody.

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: I want to leave fl with my kids

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

Answered on Jul 30, 2014

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John Arthur Smitten's answer
You should get a court order but if not married and no orders in place then you can go.

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 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: What do I do if I cannot appear at the final hearing for a Simple Dissolution of Marriage.

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

Answered on Jul 28, 2014

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John Arthur Smitten's answer
contact the court and arrange to appear by phone

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Q: Is Personal Injury only limited to transportation accidents?

1 Answer | Asked in Injury Law for Florida on Jul 15, 2014

Answered on Jul 27, 2014

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Jonathan Craig Reed's answer
"Personal Injury" means injury to the person. For example, food poisoning, (although often hard to prove) is a personal injury claim not involving transportation. So are defective manufactured products even if they are not involved in transportation.

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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: 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: My son is 2 . His father denies him & has never seen him in the 2 yrs. I need help but do not trust him with visitation.

1 Answer | Asked in Family Law for Florida on Jul 23, 2014

Answered on Jul 24, 2014

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John Arthur Smitten's answer
He will get standard visitation unless you prove he should have supervised visits. Use of a lawyer is recommended in this case.

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Q: Can I take my children and move within the state without my husband's permission?

1 Answer | Asked in Family Law for Florida on Jul 23, 2014

Answered on Jul 24, 2014

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John Arthur Smitten's answer
You have to get a court order to relocate. Use of a lawyer is recommended in this case.

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