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Questions Answered by Terrence H Thorgaard
3 Answers | Asked in Family Law for Florida on
Q: I have a 17-year-old who is going to be a father.

His girlfriend's mother wants their baby and told him he has no rights. What can I do so that if he wants to be in the child's life, which he does but he feels like it's hopeless, that he can not have this baby just adopted and they control what happens to the baby? He was in the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2022

Of course he can go to court to get visitation or custody. If paternity is established, he would also be obligated to pay child support.

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1 Answer | Asked in Intellectual Property for Florida on
Q: I an divorced, didt do community property yet. I ex husband has never moved out,she did. Can I have women move in

It's been year and hakf we been divorced

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2022

What do you mean you "didt (sic) do community property yet"; Florida isn't a community property state?

1 Answer | Asked in Consumer Law for Florida on
Q: As an authorized user of a company credit card under my name if I use it for personal use can I go to jail?

I used the company credit card that was issued to me with my name on it which makes me an authorized user but I used it to pay some personal things and they want me to pay it back but I'll start threatening to send it to the authorities for fraud. Can they have me arrested for fraud even... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2022

Probably. The card was for company expenses, not your personal expenses. Embezzlement is a crime.

1 Answer | Asked in Criminal Law for Florida on
Q: Police came an executed a death with warrant and had wrong address. Is it a legal search?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2022

The police executed a death, with a warrant; what do you mean? They had a search warrant, and someone died in the process?

1 Answer | Asked in Uncategorized for Florida on
Q: My wife has cancer. And her medical bill is around $400,000. What is the best thing to do
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2022

Get treatment. What is your legally-related question?

2 Answers | Asked in Animal / Dog Law for Florida on
Q: Housemate let my dog out while I was at work and she attacked the neighbors dog. Who is responsible for the vet bills
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2022

You might want to notify your insurance company, assuming you have homeowner's or renter's insurance.

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2 Answers | Asked in Tax Law for Florida on
Q: I sold a second home with a net profit of $187,000. I don’t pay income taxes because my income is tax free. Do I have

To pay capital gains taxes?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 12, 2022

I would also question your statement that you "don’t pay income taxes because my income is tax free". It's usually not that simple; how is all your income tax free? consult with a tax professional to determine if you need to file a return.

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1 Answer | Asked in Consumer Law for Florida on
Q: can a car dealership keep my stuff if it was left in the loaner car they picked up withiut warning
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 9, 2022

No. Contact the dealer and ask them for your personal property.

1 Answer | Asked in Employment Law for Florida on
Q: If I accepted a work from home position can the employer now force me to work at a location?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2022

Yes. Employment is at will. If your employer no longer wants you to work at home, you either take it or leave it.

1 Answer | Asked in Personal Injury for Florida on
Q: I heard on the radio about reopening a injury lawsuit.... If I feel I was forced into settling in court because covid

I feel like because when covid hit our doctor was closed and then eventually the lawyer called and said she thought it would be best if we settleed but I feel I didn't get fairly compensation for the accident. My boyfriendand I both were in a lyft accident do u think I would have a fair case

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2022

No. You settled your case on the advice of your attorney. A settlement would not be worth the paper it was printed on if you could change your mind at any time.

1 Answer | Asked in Family Law for Florida on
Q: I'm in Florida.I want to know that Is it possible that my husband and I give our son's guardianship to a family member?

He is 17 .He wants to go to college in august and use in state tuition . We 've moved in Florida at the end of July. I got ID and verification of residency for his high school.Until august we will be more than 1 year residents but due to their documents date they are after the deadline. So he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2022

It probably wouldn't do any good to retroactively "give" guardianship to someone else. Besides being fraudulent, and probably criminal, a retroactive grant of guardianship would be meaningless.

1 Answer | Asked in Family Law for Florida on
Q: Can I take action against relative if they purposely withheld info of mother being in coma to sell her house b4 dead

Let me rephrase counselor. Im subject t I character limit. Basically there were detrimental effects to my mother by not contacting me to notify her next of kin and sole decision maker while in such an incapacitated state. Though there is no legal obligation to contact me (that I know of)they used... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2022

Your questions make virtually no sense.

As near as I can understand, a hospitalized woman, your mother or grandmother, had promised to sign over the house to you if she were about to die. But her uncle, or perhaps your uncle, falsely claimed to have her power of attorney. Did the sale...
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1 Answer | Asked in Divorce for Florida on
Q: Can she use it against me AFTER a divorce?

Hello, I have been divorced with my ex-wife for 5 years, but I am still paying her phone bill. Her line is on my account. We don’t have kids. I don’t pay alimony or anything else just her phone. Can she use that against me in the future? Although we are divorced does that connect us in any... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2022

No, the fact that you are paying her phone bill doesn't somehow make you still married, it that's what you are asking. Your divorce decree should specify your mutual financial obligations.

1 Answer | Asked in Estate Planning for Florida on
Q: I am the executor of my deceased mother’s estate and just settled a lawsuit. I was also at fault in a car accident.

Can the other party go after Money paid to the estate?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 6, 2022

No, the assets of the estate do not belong to you. Ask your probate attorney.

1 Answer | Asked in Criminal Law for Florida on
Q: Can probation search rooms that are rented out to others

Im on Community control staying with my cousin, if she rents out the other rooms in her house are they still subject to random searches even though they are not really part of the house itself ? Or they are only subject to search mine & my cousins spaces in the house ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 6, 2022

Did your cousin sign anything agreeing that they could search her place? If not, they could revoke your probation if she refused entry, but they could not search the premises without her permission.

2 Answers | Asked in Personal Injury for Florida on
Q: I was arrested for a bad check my father wrote, we share the same name. He is disabled and I went to the store for him.

My father is disabled and I have to go to the grocery store for him. A check bounced, he was informed and tried to recover the check, they said they could not find it. Months later I was arrested for the check. It was my father's, and he tried to get the check. We share the same name, I am the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 6, 2022

Your attorney should be able to get a copy of the check from the prosecution. If the store still can't find it, the State doesn't have much of a case. Your father's bank should also have the check. Ask the bank if it does and see if your license is indeed on the check.

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2 Answers | Asked in Family Law for Florida on
Q: Can someone help me by walking thru how to summit exhibits for my child custody case? No one at the court last will help

They referred to it as a Courts Standing Order in person. The paperwork provided says I can send it thru email but I am being told I can't and won't get an other answers. My case is out of clay county and I have the case number if someone can help me out it would be appreciated. I am... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 6, 2022

And some judges want you to submit paper copies, including

one for the other party or the other party's attorney;

one for the judge;

one for the witness; and

have one for yourself.

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2 Answers | Asked in Contracts, Employment Law and Business Law for Florida on
Q: As a 1099 personal trainer I set my prices. Can gym owner force me to honor a discount price package created by the gym?

Are we required by law to honor a pricing package made by the gym when we are 1099 contractors? If it is the gym "policy" to provide a Silver Sneakers member a training discount, then isn't it for their employees to honor, not contractors? The club takes 40% of each session no... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 5, 2022

As you indicated, the gym agreed with you.

Regarding the second question, you can always try to renegotiate the contract.

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2 Answers | Asked in Bankruptcy for Florida on
Q: I am wanting advice on waiting out the statute of limitations instead of filing bankruptcy.

I have approx $116k of cc debt. Amex has sued me twice (IN and CA) but dismissed their suits. Otherwise I’m just getting calls and emails, and the debt has been sold.

I have no assets except a $3k used car. I lease my residence and have less than $1k in my checking account and a small... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 5, 2022

Assuming that you have no dependent, the Uber income, and the futures trading income are probably not exempt from garnishment. I suggest that you wait to see if they sue you, and at that point again consider bankruptcy protection.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Now my question .. at this point .. in Florida .. do they have a timeframe to legally stretch out returning my deposit ?

PLEASE START HERE… Hello it’s hard to ask a question without providing background information … I’m in St Pete Fl and I moved out of my apt and about a mth and half later … I finally hear from my apts management company with a Itemized list how they were gonna keep my deposit — I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 5, 2022

No, they can't.

And Florida Statute 83.49 (3) (c) provides that

"If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus...
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