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Questions Answered by Vanessa Vasquez de Lara
1 Answer | Asked in Family Law for Florida on
Q: I signed a power of attorney in 2019 there was no notary there. if the papers were never filed can they be filed now ?

can I search to see if they were filed ?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

A little more information may be needed to answer this as Power of Attorney forms are not normally filed or recorded anywhere.

Good luck!

2 Answers | Asked in Divorce for Florida on
Q: I'm contemplating divorce from my husband after 19 years. We have a single property and common debts. what to do?

He handles all the financial aspects of the home and has all the information. our only child is 19th so custody is not an issue, however, he does resided with us. what are the considerations I must have before entering the process.

Thank you.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 30, 2021

A divorce with no minor children involves spousal support and division of everything you all own and everything you all owe. Depending on the financial circumstances between you and your husband, if you need his help after the divorce and he can afford it, he'll be paying you support or... Read more »

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: If my daughter's mother files for child support, and my daughter is now 17, will I owe her any money?

I live in FL, my daughter and her mother live in NY. She is the custodial parent, we were never married. We have no court ordered child support in place, but I have contributed to my child's living expenses when I am able to do so. My daughter is now 17. If her mother takes me to court for... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

Child support must be established where the Payor lives, so child support has to be filed by the Mom where you live, here in Florida, as New York does not have personal jurisdiction over you. The law in Florida is 2 years prior to filing the petition or request. She would have to file before the... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How can my boyfriend get his kids back from their mother who lost her parental rights, but somehow ended up with them

My boyfriend’s soon to be ex-wife, who he’s separated and estranged from, lost her parental rights a few years ago. His sister was awarded custody of the 2 kids. At some point she became overwhelmed and was contacted by their mother and she gave the kids to her. She left Florida and now has the... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

He needs to file for custody in the state where the children have been residing for more than 6 months and demonstrate that the mother is no longer a legal parent which means that he is the only parent with the right to the children. He needs to consult an attorney in the state where the children... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can my ex adopt my daughter

My sons father, whom ive been separated from for two years, has been raising my older daughter from the time she was 4 years old(shes ten now). In all senses, other than legal, he is her father. Her biological father is not on her birth certificate, and also passed away when she was 3 years old.... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

He is considered a "non-family" member for purposes of adoption. You will need to jump through many hoops in order to do this. This cannot be done without an attorney.

Good luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Porque razón válida,se puede apelar para quitar visita de un padre a un menor?

Mi hijo tiene 7 años ,su padre legal nunca lo ha mantenido ,yo tengo la custodia del niño pero con visita del padre ,yo soy dominicana mi familia toda viven allá ,el me amenaza de que si yo pongo manuntension el no me da la firma para sacar el permiso de poder viajar con el niño a ver mi... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

Si el padre a sido estblecido como el padre legal y visita al nino, aunque no pague la manutencion no lo puedes quitar de los documentos legales del nino. Si el a abandonado al nino y no lo ve ni lo mantiene, entonces es posible quitarle los derechos de padre por abandono. No es un proceso simple y... Read more »

1 Answer | Asked in Child Support for Florida on
Q: My sons father is supposed to pay child support, hes running a non profit organization with about 12 people and works.

He is telling child support that he cant work because of the pandemic and so they reinstated his license. But goes on vacations and leaves the state often. How can I get my child support if he is able to work.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

You have to be able to prove that he is working, or that he is spending money on vacations and trips so that the court can calculate the income he has based on the amounts of money he is spending. If you are only having hearings in child support enforcement court, you must remember that the... Read more »

1 Answer | Asked in Child Support for Florida on
Q: What will happen if my husband ex just decided to put him on child support for his two kids ages 13&14. In Florida
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

Not sure what you mean by what happens. You can expect that the mother is going to be seeking what the law allows which is 2 years of support prior to filing her petition for child support plus support going forward. Both parents' income will be used to calculate the proper amount of support... Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Obtained custody and child support packet from Orange County Court. Which part needs to be submitted 1st to get started?

The packet is 600 pages. Attorneys have told me that certain parts are submitted at different times throughout the hearings. I want to know what part(s) I need to submit to get things started. I called the Court Clerk and spoke with a Deputy Clerk, whom wasnt sure.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

Most attorneys have never purchased the packet from the court. In order to get better advice you might want to list the names of the documents you received. For custody and child support, you would normally need the Petition to Determine Paternity, UCCJEA, Financial Affidavit, plus any specific... Read more »

1 Answer | Asked in Adoption and Family Law for Florida on
Q: My sons father passed away 5yrs ago and he wants my husband to adopt him but he has questions.

My son wants my new husband to adopt him but he wants to know if they have to seal his birth certificate with his biological dad on it or if we can leave that open and do another amended one with his adopted dad? Also, if he can keep his last name and just add my husbands last name as well. When I... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 29, 2020

If your husband, the step-father, adopts your son the birth certificate would be changed from his biological father to his new father. I've never seen a process where he could have 2 fathers, one deceased and one alive. The birth certificate is a legal document, so it does not change the... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Can I get full custody of my two children Boy(9) Girl(11)after abuse has happened to my daughter while at her fathers?

Daughter has suffered physical and verbal abuse from the step mom. Son watched and has heard. He also has suffered from physical abuse as well just not to the same extent. Daughter has been sexually abused by the step sister for multiple years. Daughter has now tried to commit suicide while at... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 29, 2020

If there is no family or dependency case in court with these circumstances, you must run, not walk to the courthouse to get assistance for your children. If the things you state here can be proven with evidence and testimony, yes, you have a good chance of obtaining supervised time-sharing for the... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Can I lose custody of my kids?

My kids were born and raised in Central Florida. I was living in Orlando for a year with my kids while my husband was living in Boston. He moved to South Florida and insisted the kids go there. The kids and I stayed there for 3 weeks until his emotional/verbal abuse got to be too much and CPS got... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 12, 2020

There's a lot of issues here that you would really need an attorney to give you advice based on the specifics of your case. Family court is intended to make orders that are in the children's best interest. If the Department of Children and Families has already been involved against him,... Read more »

2 Answers | Asked in Family Law for Florida on
Q: Do I use the gross up method if the non majority parent doesn’t exercise his 20% overnight visits?

He voluntarily moved out of state and says the gross up method doesn’t apply to our situation since he chooses not to exercise his 20% of overnights

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Your question is confusing. Gross up is when the tables go through calculations twice to determine child support. Once for the child's basic needs, and the second time for a "gross up" of additional needs from spending extra time with the second parent. The gross up calculation... Read more »

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1 Answer | Asked in Adoption and Family Law for Florida on
Q: My sons bio dad is not on the birth cert and no contact in 3 years. Can my fiancee adopt him without involving the bio?

My sons biological father is not on the birth certificate and paternity has never been established. My son is about to be 6. Bio dad (an incarcerated violent felon) has not seen him since he was 6 months old and has made no effort to contact is in the last 3 years. Can my fiancee, who has been in... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Yes! You need to do a step-parent adoption which includes checking if the biological father registered himself in the Florida putative father registry. If he didn't, which most men do not do, then there is no need for consent from him. His rights would be terminated in the adoption. But you... Read more »

2 Answers | Asked in Family Law for Florida on
Q: Can an unwed mother, who has sole custody of the child, change the childs name without consent of the father florida law

I am unwed mother. Father is listed on birth certificate but has not established parental rights. I want to change the child's name, do i need consent from non custodial father.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Yes, you will need his consent or you will need to have him served with the petition for name change. If he is served and does not object, then you can go forward without his consent. If he responds, then you will need to convince the court why the name change is in the child's best interest.... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: in a custody battle, how do i get help for my kids involving a step parent who tries to divide my kids from grandma?
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

This sounds like a complicated issue that will require more details to assist with. Neither the step-parent nor the grandma has rights to the children. Therefore if one is causing alienation from the other, there may not be much the court can do. But it is a child's right not to be spoken to... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Tengo un caso abierto aca en Orlando Fl y quisiera saber si me pueden ayudar?

Mi nombre es xxx y el caso mio es de custodia de mi hija quisiera saber si me pueden ayudar con mi caso y exponer el caso oh a donde tendria que ir por ayuda Les agradeceria de antemano espero respuesta pronto lindo dia.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Si usted tiene un caso en Orlando, necesita consultar con abogados en Orlando. Esta pagina ayuda con preguntas individuales. Tambien puede buscar abogados que esten localizados en Orlando en esta pagina.

Buena suerte!

1 Answer | Asked in Family Law for Florida on
Q: Can my visitation order be moved from Ohio to Florida?

My son and I moved to Florida in 2013. All the visitation and child support paper work was done in Ohio right after we moved (that’s where his dad lives and where we moved from). Recently Florida took over the child support portion because I lost my job and needed to get my son on state insurance... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Once your child has been in the State of Florida for more than 6 months, you are able to domesticate or establish your case in Florida and request a modification. You do not need to go back to Ohio to make changes. But what your son wants is not a good enough reason not to send him to his... Read more »

3 Answers | Asked in Divorce and Family Law for Florida on
Q: Do I have any legal recourse to be repaid my inheritance that my ex took?

Do I have any legal recourse in getting my inheritance back from my exhusband in our divorce. While married I received a sizable inheritance that he borrowed/took and purchased himself a car, motorcycle and spent approximately 50k shopping. The motorcycle and car are in his name only.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Like many things, it depends. It depends on whether you were aware he was using it, depends whether the funds were commingled with marital funds, depends on if the assets are still around... anything purchased during the marriage is marital even if it's in only one person's name. You... Read more »

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: How should I respond to a petition for modification of child support due to a child turning 18?

This fact is true however, the child is in college and is still being supported by myself and currently resides in my home. I also still pay for his insurance, vehicle, gas, and food.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 19, 2020

Agree with Rand. Child support is through high school or until a child turns 18. Therefore, it looks like child support will be completed if your child already finished high school and is approaching 18.

Good luck!

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