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Questions Answered by John Arthur Smitten
1 Answer | Asked in Family Law for Florida on
Q: when is it legal that I can lock my wife out if she leaves me

I have been married for 20 years and in the last 10 years she has been addicted to pain pills sent her to Rehab 3 times came back she got arrested for 30 days I've given up. She has taken anything of value out and sold it .when can I legally lock her out?

John Arthur Smitten
John Arthur Smitten
answered on Sep 25, 2016

File for divorce asap and get an order kicking her out.

1 Answer | Asked in Child Custody for Florida on
Q: I have full custody of my son court ordered but maternal grandmother has half brother and says she will sue

I received full custody of my son when he was removed from mother by court order. His half brother was place with their maternal grandmother. We had been allowing my son to over to visit with his brother until grandmother became agressive to my wife for us not allowing more time...we offered for... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Sep 12, 2016

She has no case.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can I get Child Support if I have a Injunction in place to project myself and my child?

I have had an Injunction in place since 2015. If I do get child support will the father get rights to see the child? He has violated it in 2015 and the judge put it in place for "Further order of the court".

John Arthur Smitten
John Arthur Smitten
answered on Sep 12, 2016

Yes you are entitled to child support. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: My daughter had a baby 3 months ago. Ive been caring for both of them. She signed temp custody papers in July.

I got all the paperwork together, but it took some time. Nobody knows who the father is. My daughter is developmentally delayed and suffering from postpartum and a history of depression. She is taking meds for it. Ive been doing everything for the baby, while my daughter would leave to go see her... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Sep 12, 2016

The order should go your way. You will have to search the FL Putative Father Registry. You should hire a lawyer to represent you in the case.

1 Answer | Asked in Contracts, Family Law, Adoption and Child Custody for Florida on
Q: Does signing a VPA mean that you've lost your parental rights?

I started to place my child for adoption and signed a VPA, but have changed my mind and decided to parent. I want to stop the adoption and get my child back.

John Arthur Smitten
John Arthur Smitten
answered on Sep 12, 2016

You need to file a written revocation of consent and get a lawyer asap.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What am I obligated to do?

Two weeks ago I was awarded child support for my child whom I've raised alone since birth. The child is now 2. The father who lives 4 hours away is now asking to have our child for "a few days". He abandoned us until this year when he was served with child support. He has also become... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Sep 5, 2016

You should hire a lawyer to assist you with the case.

2 Answers | Asked in Child Custody and Child Support for Florida on
Q: I have a pending case against me for child support. It is not yet in order. I myself filed for custody.

Which is also pending a court date. When i filed, the clerk told me to get forms in order to adopt the case about the support so they can be heard at the same time. So it won't be separate. What is the name of the form I need.

John Arthur Smitten
John Arthur Smitten
answered on Sep 5, 2016

You should hire a lawyer to assist you with the case.

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1 Answer | Asked in Child Custody for Florida on
Q: If my child has lived with me since she was born does the dad have the right to demand that he gets her a cupple nights

We were never married he has never had her alone and she's almost 3 now

John Arthur Smitten
John Arthur Smitten
answered on Sep 5, 2016

He has no parental rights until he (or you) go to court. You should hire a lawyer to assist you with the case.

1 Answer | Asked in Bankruptcy and Divorce for Florida on
Q: Can a person file Chapter 7 Bankruptcy based on a Judges sanction from a divorce case?
John Arthur Smitten
John Arthur Smitten
answered on Sep 5, 2016

Yes. You should hire a lawyer to assist you with the case.

1 Answer | Asked in Divorce for Florida on
Q: My question is am I able to marry again someone who isn't from the us?

What amount of time do I need to wait until I have to get married again ?

John Arthur Smitten
John Arthur Smitten
answered on Sep 5, 2016

Once the clerk records your divorce then you are legally free to marry.

1 Answer | Asked in Divorce for Florida on
Q: My husband and I are separated and he lives in another state. What state do we file for divorce in?
John Arthur Smitten
John Arthur Smitten
answered on Sep 5, 2016

File in the state of Florida. You should hire a lawyer to assist you with the case.

1 Answer | Asked in Divorce and Animal / Dog Law for Florida on
Q: My sister is getting a divorce and he's trying to take back all the gifts he ever gave her including two guns her engag

My sister is getting a divorce and he's trying to take back all the gifts he ever gave her including two guns her engagement ring and her dog.. can he take back the dog even though she is registered in my sisters name at the vets and tracking and my sister has paid for all 5yrs of her medical... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Sep 5, 2016

Gifts during the marriage are marital assets so you have to sort this out in court. You should hire a lawyer to assist you with the case.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Florida on
Q: can someone file for custody after they've been arrested for domestic battery?
John Arthur Smitten
John Arthur Smitten
answered on Sep 5, 2016

Yes but unlikely that person would win.

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1 Answer | Asked in Child Custody for Florida on
Q: My grandchildren were abused by their parents during an unsupervised visit.

This happened while they were in custody of the state. Can I file a lawsuit against the state?

John Arthur Smitten
John Arthur Smitten
answered on Aug 24, 2016

No. Call Child Protection (the police)

1 Answer | Asked in Divorce for Florida on
Q: I want to get divorce we have been separated for 6 months we have agreed on everything can my divorce be fast? I can't

afford an attorney I don't know how to start I can't even afford the divorce package. We have agreed on visits to my daughter, monthly support, important dates etc. We don't have assets or properties we have our own debts. Please can you give me an advice where can I get the divorce... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Aug 24, 2016

Contact the local clerk to get the forms packet.

1 Answer | Asked in Divorce for Florida on
Q: My husband and I are separated and he lives in another state. What state do we file for divorce in?
John Arthur Smitten
John Arthur Smitten
answered on Aug 24, 2016

Eithe one. You can file in FL. You should hire a lawyer to handle the case.

1 Answer | Asked in Bankruptcy and Divorce for Florida on
Q: Can a person file Chapter 7 Bankruptcy based on a Judges sanction from a divorce case?
John Arthur Smitten
John Arthur Smitten
answered on Aug 24, 2016

You can always file bankruptcy, that is your right. You should hire a lawyer to handle the case.

3 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: Husband wants to buy a condo in FLA using money from our joint account but doesn't want my name on the deed. Possible?

We live overseas. My husband is USA citizen but not resident. I am not citizen of USA. What happens in case of divorce?

John Arthur Smitten
John Arthur Smitten
answered on Aug 24, 2016

Yes he can do that but you have to sign certain documents at the closing.

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1 Answer | Asked in Child Support for Florida on
Q: What will a audit on child support find ? I requested one this week

Back in 2001 i owed $1760 ..i was ordered to pay $92.50 a month til it paid off..which should have taken 18 months ..but it never stopped ..i continued to pay til present 2016

I only fell behind the last 3 yrears and now owe 29k..i fiqure i over paid the first 10 years by $92 a month so i... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Aug 20, 2016

An Audit should show the assessments and payments and if they were done correctly.

1 Answer | Asked in Divorce for Florida on
Q: I want to file for divorce from my husband who was deported. What step do I take 1st?

I'm a Palm Beach county resident, we have 1 child (he's never been in her life) & no shared property. He was deported to Peru in 2008 or 2009 & I have no contact with him since before he was arrested. I have the divorce packet but some of the questions are confusing. I read that I... Read more »

John Arthur Smitten
John Arthur Smitten
answered on Aug 20, 2016

You should hire a lawyer to represent you in the case.

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