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Questions Answered by Rand Scott Lieber
1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi. I had a virtual hearing today with my attorney and judge to cut my attorney/client relationship.

I couldn't log into this new software and was a few mins late. Once in, the judge said my attorney was gone and she'd send me something to schedule another hearing so she can get a status update. She then said I can leave (there was another guy there, don't know who he was or why... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 24, 2022

Normally at a hearing on a Motion to Withdraw there is little or no discussion about the case. You now represent yourself. You do not mention whether your spouse has an attorney. If there is no other attorney and you and your wife have agreed to the parenting plan and marital settlement agreement... Read more »

1 Answer | Asked in Divorce for Florida on
Q: How do I get a divorce decree changed?

I was sick when my ex bullied me in to signing them. My ex wouldn't allow me the time to look at the papers before I signed them. I wasn't physically able to understand the papers at this time either, but my ex barked at me to just sign the papers. Other people knew about me being sick.... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 24, 2022

Based on your question you need to take the papers to a local family lawyer for more specific advice. You call it a divorce decree but it is not clear if anything has been submitted to the court yet. You say that you signed divorce papers. Does that mean a marital settlement agreement? Please take... Read more »

1 Answer | Asked in Child Support for Florida on
Q: Bio father under paying child support for years

bio father has been underpaying child support for years, seeking to get back payment In pasco county Florida…

Help.

Rand Scott Lieber
Rand Scott Lieber answered on May 24, 2022

See if your county has an agency that helps with child support enforcement. Sometimes it is the State Attorney's office. Sometimes it is the Attorney General's office. If they are paying through the state disbursement unit then you have a specific record of what is paid and what is owed.... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: If the parents gave us custody 6 years of a child who is autistic, ODD, and ADHD . Will they automatically get him?

They can't afford him, have no room, and live with her mother. Mothers had CPS involved a few times with her kids. The house always smells like cat urine. They are in Va and we filed in Sumter county almost 7 years ago. I'm scared to lose him after he's blossomed so much with school,... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 22, 2022

You need to read carefully whatever document gave you "custody." If it is a court order then the court that issued the order would review any changes. If it is simply a document from the parents to you then the parents can probably "revoke" it at any time. If the the child has... Read more »

1 Answer | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: I got a girl pregnant and since I don’t want to be with her she is taking military orders to Japan.

We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.

Rand Scott Lieber
Rand Scott Lieber answered on May 19, 2022

In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can we create a parent plan without going to court in Florida?

Mother lives in Fla, father lives in Ga

Rand Scott Lieber
Rand Scott Lieber answered on May 19, 2022

In general, jurisdiction of the court lies where either parent or the child lives. If you are in agreement then you can enter into a parenting plan without court intervention or involvement. I am assuming that the parents are not married so legally this would be a paternity matter. The issue that... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I get custody as a father if the mother was arrested for domestic violence?

The mother and I have a verbal time sharing agreement nothing through the courts. We were never married. The mother was recently arrested for domestic abuse against myself. The baby is in my custody. The mother has a no contact order with me. Can I get custody of the child?

Rand Scott Lieber
Rand Scott Lieber answered on May 17, 2022

You need to go to court on a paternity case to solidify your legal rights as the father. You have custody by default at this point but that could change unless you go to court on your own behalf. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody for Florida on
Q: My exs family has my daughter. When i went to pick her up i found out that they had temp custody of her that i didnt knw
Rand Scott Lieber
Rand Scott Lieber answered on May 16, 2022

You need to go to the court that issued the order of temporary custody to assert whatever legal rights that you may have. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Is there a difference between having some legal and physical custody and terminating parental rights?

If I have sole legal and physical custody I would still have to file to terminate parental rights? Even if the father has abandoned the kids completely for a long period of time?

Rand Scott Lieber
Rand Scott Lieber answered on May 16, 2022

Yes. Legal and physical custody (timesharing) comes with the partner legal obligation of child support. When parental rights are terminated there may no longer be a financial support obligation. This is an area where you should definitely speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: MY GRANDSON AN HIS GIRLFRIEND HAVE A BABY HE IS 15 AN SHE IS 14 . they will not him see his son what can we due
Rand Scott Lieber
Rand Scott Lieber answered on May 12, 2022

Your grandson needs to file a Petition for Paternity to legally establish his parental rights. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody for Florida on
Q: Is there any way I can get help with getting custody of my 15 month old daughter
Rand Scott Lieber
Rand Scott Lieber answered on May 10, 2022

In Florida it is called timesharing (not custody) because it is the law that both parents should share time with a child. Assuming that you are not married you need to file a Petition for Paternity. The court will then order a timesharing schedule (parenting plan) that is in the best interests of... Read more »

2 Answers | Asked in Family Law for Florida on
Q: Is my house considered a marital asset if only my name is on the deed and only been married for 7 months?

And if so then is spouse automatically entitled to 50 percent? If she agreed to give me the house what proof would I need?

Rand Scott Lieber
Rand Scott Lieber answered on May 10, 2022

As soon as you got married your spouse got a marital interest in the property, regardless of mortgage or deed. However, that marital interest can be limited to the length of the intact marriage, meaning the appreciation in value during the marriage. Speak with a local family lawyer for more... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: In which State do I file for divorce?

My husband and I were married in TX, where we lived together several years. We also lived together in Washington DC. My husband still lives in DC and I now live in FL.

In which State do I file for divorce?

Rand Scott Lieber
Rand Scott Lieber answered on May 8, 2022

The law in Florida is that you can file for divorce here after being a continuous resident for six months. It sounds like your husband could probably fie in DC but he would need to check with a local lawyer there.

1 Answer | Asked in Divorce, Child Custody and Immigration Law for Florida on
Q: I’m here from Haiti on a Visa and am awaiting on my green card document. I want to divorce my husband still in Haiti.

He still lives in Haiti and does not want the divorce because I’m the sole provider for us and our daughters and he doesn’t want to work.

Rand Scott Lieber
Rand Scott Lieber answered on May 4, 2022

If you meet the residency requirements (lived in Florida for six months as your permanent home) then you can file for divorce in Florida. If the child is living in Florida then those issues will be addressed in Florida. If the child still lives in Haiti then Florida would not have jurisdiction to... Read more »

2 Answers | Asked in Family Law for Florida on
Q: I was recently ordered child support on terms that we're not correct and the kids live with me what do I do.

The mom is now in rehab getting all of the money and I have the kids and cant even offered bills now

Rand Scott Lieber
Rand Scott Lieber answered on May 4, 2022

You need to return to the court that issued the child support order and notify them of the changed circumstances. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Family Law for Florida on
Q: Who can witness a power of attorney in florida?
Rand Scott Lieber
Rand Scott Lieber answered on May 3, 2022

Any competent non-family member over 18.

1 Answer | Asked in Family Law for Florida on
Q: How to modify an existing timesharing order where a 14 year old minor refuses to visit his father out of state?

Minor states he did not like the environment and fathers' outburst towards him the last time they spent time together.

Rand Scott Lieber
Rand Scott Lieber answered on May 2, 2022

You need to file a Motion/ Supplemental Petition to Modify the current timesharing order. Complaints from a teenager only may not be enough for you to prevail in court. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Real Estate Law and Elder Law for Florida on
Q: Can my husband take my homes from me that i purchased one prior to marriage one during marriage?

Can i sell home purcahsed during marriage if he is on deed but not on mortgage. can he take equity of the home prior to marriage not on deed or mortgage. but on deed on home purchased during marriage.

Rand Scott Lieber
Rand Scott Lieber answered on Apr 27, 2022

A spouse gains a property interest in real property (homes) during the marriage. This interest is independent of the deed (names on title) or the mortgage. A property can remain non-marital if there is a prenuptial agreement. Otherwise you will need the court's help to separate the marital and... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: What to do if you haven't seen your child for 2 months?
Rand Scott Lieber
Rand Scott Lieber answered on Apr 26, 2022

If you have court ordered timesharing then you go to court for enforcement. If there is no court order then you need to go to court and ask for an order on timesharing. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How do I go about custody case if I relocated to another state and my son lives between states? My case is in FL.

My son was born in NC. His dad moved here for a yr. Didn’t like it, came to FL stayed for 5 months and I left. We came up with an agreement in regards to our son, got the document notarized so we didn’t have to go through the courts upon my departure but, he went behind my back files for... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 25, 2022

Jurisdiction is where the child has lived for the past six months. If you have a written agreement with the other parent you can use it as evidence in any jurisdiction. Speak with a local family lawyer for more specific advice.

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