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Questions Answered by Pamela J. Fero Esq.
1 Answer | Asked in Family Law for Florida on
Q: Do I have to disclose finances before paternity is established
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Sep 29, 2022

Yes. You will have to comply with mandatory disclosure. You need to fill out the financial data to determine future support.

1 Answer | Asked in Family Law on
Q: My 15 yo sons mother hasn't let me or my family contact him since July .never been married. Previous good relationship

Still sending monthly support even tho there is no court order. Mother has history of Prison time, drug charges and drug abuse. Lives with her mother and other son, who I supported as my own until recently.

Will not let their Maternal grandmother have contact, even though myself and my... Read more »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Sep 26, 2022

Assuming you have established paternity of the child, you have the option to file custody. If not, then you have until child turns 18 to establish paternity and assume parental rights to your child. Act immediately and seek help from a family attorney to know how best to proceed with your case.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If a child has been living with grandparents, but there is no legal custody arrangement, can grandparent deny the mother

If there has been no court ordered custody or guardianship arrangement, Can a grandparent, who has been caring for a child for an extended period of time, deny the mother the ability to take the child back? And can they make rules denying the parent from having the child stay with said parent... Read more »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Sep 26, 2022

If there is no court ordered custody arrangement, there is no reason the grandparents keep the child from you, unless there are proofs you are unfit to care for the child and they appeal for custody for the child. Speak to lawyer to know how best to proceed with your case.

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1 Answer | Asked in Divorce on
Q: If, spouse is out of country and can't be served papers. How to proceed?

Male separated from wife for 4 years can't serve divorce papers because she is out of country.

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Sep 21, 2022

You can divorce regardless of where your spouse lives as long as one of you is currently residing in Florida. The process is difficult, and you don't know whether your spouse will cooperate or not. It is critical that you consult with an attorney to determine the best course of action for... Read more »

2 Answers | Asked in Child Support, Social Security, Divorce and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Sep 19, 2022

File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.

Talk to your attorney to know how best to proceed.

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1 Answer | Asked in Family Law for Florida on
Q: What constitutes as child abuse, and what sorts of things would cause there to be a need for interference?

If a parent were to do/say things that caused their child to try and take their own life, not cater to their mental needs, ignore certain diagnoses, lock the fridge at night and frequently forget to unlock it, and occasionally behave violently towards said child, would such things be considered... Read more »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Aug 31, 2022

In Florida, it is considered child abuse if:

-A person intentionally inflicts physical or mental injury upon a child.

-A person intentionally makes actions that could result in physical or mental injury to a child.

-A person encourages someone to commit an act that causes or...
Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son mom won't to get child but my son doesn't live with her and she not making sure he goes to school
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Aug 24, 2022

If there is a court-ordered parenting plan in place, you can file a motion for modification. If the mother is proved unfit to take care of the child, the court may grant you more time or sole parental responsibility. Talk with a family lawyer to know how best to proceed.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Q: I am 17, with my ged, form of income, and I live with my grandparents. I wanted to know if I could legally leave their-

care. My grandma has power of attorney over me. I live in florida and I dont know if I can but I really need to leave here.

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Aug 23, 2022

You can be legally emancipated by a court before the age of 18 if you can support yourself. You can show proof of sufficient income to cover your living expenses and daily necessities.

However, it is most practical if you sit with your legal guardians and obtain their permission.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son is scared to go to his dad. We have a court order, it is my sons dads today to have him.

My son told his dad he has a problem with the drinking at his dads, his dad told him there’s no drinking though. My son told him he doesn’t want to go to his house and his dad told him “to bad there’s a court order “

WE HAVE A PARENTING PLAN SORRY NOT A COURT ORDER.

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Aug 12, 2022

Do whatever it takes to encourage your child to maintain a relationship with his father. Inform your ex that his behavior affecting your son and try to work things out. If all efforts fail, consult with your attorney to determine the best way to proceed.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I ask a court to modify a already existing parenting plan
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Aug 11, 2022

If both you and the other parent agree to the modification, you can speak with your respective lawyers and have them draft a new parenting plan that you can submit to the judge for approval.

If the other parent disagrees, you can file a petition for modification. You must convince the court...
Read more »

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Is there anyway to get a temporary injunction for protection against domestic violence with minor children lifted?

We lived together, she left and then this happened. She’s already broken windows and super glued my gas cap shut.

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Aug 9, 2022

The respondent can file a motion to modify or remove a restraining order if he/she proves that the circumstances that granted the injunction no longer exist. It's up to the judge's decision to remove the injunction. If the judge finds the petitioner is no longer in danger, the injunction... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: How do I adopt a child I’ve had custody of for 2 years?

I have had custody for 2 years. My sister is a drug user who was in a dangerous position and we got my Neice. My husband and I want to adopt her but do not know where to start? Do we need an attorney? She’s in agreement (at the moment). She’s had no physical contact with her in months. She goes... Read more »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Aug 5, 2022

Here's what you need to do:

1. Fill out the petition and send it to the Circuit County Court in the county where you live.

2. Obtain the mother's permission. If the parent is emotionally or financially unfit, or if the parent has abandoned the child, Florida law may allow...
Read more »

1 Answer | Asked in Divorce and Immigration Law for Florida on
Q: Is it legal to ask her to sign a prenuptial after marriage and then file for divorce a couple weeks later

She is an illegal immigrant and has lied and cheated on me with my ex-husband and is trying to use me to get a greencard. I don't have much money will have to file things myself.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 3, 2022

A prenuptial agreement should be completed before the marriage. You can, however, sign a postnuptial agreement after getting married. It works the same as prenuptial agreement.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: How to approach a divorce with wife when she has walked out on me and our kids won't hardly even speak to children

Has taken most of belongs from home. Has vehicle at know drug house and tag in my name. And says car has been towed. Lied to issue a temporary injunction on me. Is clearly on drugs. And a lot more that has happened

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jul 18, 2022

Can you locate your wife or not?

You can file for divorce by publication if you have exhausted all efforts to locate your wife. You must prove that you made genuine efforts to locate your wife but turned to be fruitless. Prepare a dissolution of marriage notice for publication and get it...
Read more »

1 Answer | Asked in Family Law for Florida on
Q: My parents offered me $10000 for me to sign my child over to them in Florida. Did they break any laws?

I have full custody of my son. I had housing issues and my parents would not allow me to live with them but offered to take in my son. They had him for several months and now my housing situation has changed. I went to pick him up and they said they plan to file custody papers because they have... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jul 11, 2022

Most definitely, your parents cannot buy parental rights. Grandparents can file temporary custody/guardianship as long as they can prove that it is for the child's best interest. But if their offer is made known to the court, it would end badly for them.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can my 12 year old daughter decide to live with me the mother rather than her grandmother the father's mother?

We went to court and he got primary custody because it was in the middle of school year he now left to work out of state and left her with his mother to live .his wife did not want for her to stay in their home. My daughter does not want to be with grandmother and the school year is about to start... Read more »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Jun 30, 2022

You can file a petition for modification as long as you prove it's for the child's best interest to live with you. Act the soonest.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: I need to know what to do to get my child back in my life back in my custody
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jun 24, 2022

Contact a family lawyer to know if you can request for a child custody re-evaluation. You will need to proof that getting your child back is in his/her best interest.

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3 Answers | Asked in Child Custody and Family Law for Florida on
Q: What if my ex has full physical custody of our 16 year old son but now is trying to force me to take him?

My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jun 24, 2022

File a Motion for Contempt.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I pick my daughter up from her dad's and bring her home if he is refusing to return her home.?

We are legally married but have been separated and living in different states for 3+years(almost 4). He has seen his daughter 3 times since. He asked to have her for the summer. She has special disability and all of her specialists are down here. She also needs MRIs and other important appointments... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jun 9, 2022

Contact a family law attorney in your area as soon as possible. You may need to file an emergency Motion for Return of Minor Child.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: If I'm in jail no income by law can they make me pay my x child support and received no SSI. For 2 mths
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on May 27, 2022

You still have to pay your child support even for the time that you are in jail or prison. Imprisonment is unquestionably a "substantial change in circumstances," which means you will be unable to earn an income to pay child support. However, the law in Florida upholds that it is still in... Read more »

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