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answered on Jan 30, 2024
You do not say whether you are married or not. If the father is absent then you already have full custody. If you are looking for legal rights that you do not currently have then you need to go to court, either with a new case or a motion to modify an old case. Speak with a local family lawyer for... View More 
Do I have any additional rights to alimony or other support (health insurance coverage, etc.) considering he filed to leave our marriage for his criminal mistress?
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answered on Jan 26, 2024
Based on Florida law, you are probably entitled to alimony based on the length of marriage and disparity in income. The fact that he cheated does not have a direct impact on your alimony claim. If he spent marital funds on the affair you can seek to have half of that money credited to you. Speak... View More
Mom took minor kids from TN to PA for a job. Dad agreed, court order obtained. While in PA, mom took different job (paid way more) and moved to Maryland. A year later moved back to PA. Now mom’s company threatening to bring her back to TN (she’s been working remotely). Dad has moved to Florida... View More
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answered on Jan 24, 2024
This question is answered based on Florida law. Each time a parent relocates they either need the other parent's agreement or they need to return to court. In your case, it sounds like you have acquiesced to some of the moves. You can return to court when you have issues with the other parent;... View More
He’s adopted.
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answered on Jan 22, 2024
In Florida you are legally emancipated on your eighteenth birthday. You do not say if you are trying to prevent him from moving out. What you are describing is not "illegal" in any way. His being adopted does not change anything. Speak with a local family lawyer for more specific advice.
I have an upcoming court date on Feb 13th
Thank you
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answered on Jan 19, 2024
The Petition should have numbered paragraphs. Your pleading is called an "Answer." For each number you need to admit or deny the allegation. If you choose you can explain why you deny but it is not required. You can also answer that you have no knowledge of a particular number if that is... View More
So my husband wants me to sign a separation agreement in the meantime before going through the process of divorce but the problem is that his income the past year was just half the amount of what he will be making this coming year since he just have this business opened for the last 6 months. So if... View More
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answered on Jan 17, 2024
Most important, do not sign anything without speaking with a local family lawyer. Child support is always modifiable until the child turns eighteen. Alimony on the other hand can be modifiable or non-modifiable. Equitable distribution means the division of the marital assets and liabilities. A... View More
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answered on Jan 16, 2024
If the divorce is already filed then you can file a motion expressing your concerns. You must justify your concerns to the judge. The legal standard is what is in the best interest of the child. You must also schedule your motion for a hearing. Speak with a local family lawyer for more specific... View More
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answered on Jan 16, 2024
You, as the father, must go to court to establish and/or modify timesharing (custody). If and when the mother is no longer incarcerated she can reestablish her timesharing rights. You do not get custody "by default" just because she is in jail/ prison. Speak with a local family lawyer for... View More
the wife if the title to the property was never placed in her name ?
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answered on Jan 11, 2024
Assuming that the two of you lived together in the house during the intact marriage, you would need to establish the value of the house on the date of marriage and another value for the date of division. As a starting point, each party would be entitled to half of the change in value during the... View More
My husband and I have been separated for 6 months. Have no official parenting plan yet as I filled for divorce and he is in default and we are awaiting a date for the hearing. I notified him over text message I was taking our children on vacation out of state for vacation. Can I legally get in... View More
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answered on Jan 10, 2024
As long as there is no court order to the contrary, each parent has equal rights to travel with the children. You should let him know when and where you are going and when you are returning. If appropriate. let him know that he can contact the children during their time away by telephone, text or... View More
The fifth wheel I pay on but it is in his name until it get paid off per divorce papers. My ex husband passed away does the divorce papers make it legal that I still pay on fifth wheel and it is still mine?
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answered on Jan 9, 2024
The fifth wheel is still yours per the divorce decree; however, the loan may be a different story. If the lender learns that your ex has passed away they may want to collect on the note in full. You should still have an opportunity to refinance in your own name or try to make arrangements with the... View More
Child born out of wedlock April 2022. Father submitted parenting plan, she says she never got it. She lives in Polk County, he lives in Duval County. He's full time college student at UNF, full time security guard for State of Fla. and USMC Reservist (Savanna, GA). His plate is full. He has no... View More
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answered on Jan 8, 2024
It sounds like you have a child support order but no parenting plan. You need to return to court and file a motion to establish a parenting plan and timesharing. The court will order a timesharing schedule that is in the best interests of the child. What you are describing would be a long distance... View More
Recently I have filed for a contested divorce in Florida (with minor children). We were able to reach the settlement and now we want to file it with the court. Which forms do we need to do this? Namely turn the contested divorce into uncontested. Which 12.903 is needed since there are multiple... View More
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answered on Jan 6, 2024
You don’t need to change your initial pleadings. Simply file the signed settlement agreement with the court. If you have met all of the other requirements then you can schedule a final hearing. Speak with a local family lawyer for more specific advice.
She just finished aesthetician school and states she is only making $12,000 a year versus our agreement is based off for making 45 which is what an aesthetician would normally make for the year. Can she do this and if so, what’s the process?
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answered on Dec 14, 2023
Child support is always modifiable until the child emancipates (turns 18). A parent asserting a reduction in income would have to justify that reduction. If a person is qualified to earn $45K and there are jobs available for $45K then they cannot justify to the court earning $12K (which is actually... View More
When I was pregnant with our son, my (now ex) husband went to prison in OR. Once he was born, I moved in with family in FL. Upon my ex's release, he had an affair, so I filed for divorce. He was granted conditional video visitation to start with, since he's never met our son. This was... View More
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answered on Dec 7, 2023
You need to look carefully at the court order that awarded you custody and him visitation. In Florida, you are required to notify the other parent within 24 hours if you move your home address. Your situation may be a little different because he was in prison. Take your court order and speak with a... View More
My mother and stepfather divorced about 10 years ago but still stayes together. About two years ago, he used his money to buy a house and put it solely in my mothers name. My stepfather is emotionally abusive and threatens to kick my mom out of the house which causes her to panic because she thinks... View More
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answered on Nov 28, 2023
In Florida, if the deed is only in your mother's name and she is unmarried then she owns the house. You do not mention whether there is a mortgage and if so, whose name is on the mortgage. Assuming that there are no encumbrances (mortgages or other liens) then your mother can sell the house if... View More
None
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answered on Nov 27, 2023
You do not say whether mother and father are married or not. If married and mother wants to stay in Florida then she needs to file for divorce. If not married then mother controls where the child lives until father goes to court for paternity. Father cannot force unmarried mother and child to move... View More
I recently entered into a supported relationship and verbally agreed to stop alimony. That relationship lasted six months. Can alimony restart being alimony was not terminated via the court? Unfortunately the loss in alimony has caused a detrimental loss to my living situation, to support me and my... View More
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answered on Nov 9, 2023
The answer will depend on what kind of agreement you entered into with your former spouse when you agreed to the termination (verbal, written, etc.). Since you did not file anything with the court then there may be a chance; however, your former spouse will argue that you reached an agreement and... View More
Is also on the lease , and leave with no money even tho our bank account has $37,659, and with no car . Id literally leave destitute. What are my rights ? Do i have a right to our money ?
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answered on Nov 3, 2023
You must file for divorce in order to get legal protection. You are entitled to one half of the marital assets (and liabilities) accrued during the marriage. You also have an equal right to live in the property that is rented to both of you. Speak with a local family lawyer for more specific advice.
We have a total of 5 children but only 4 live with her. We have a written agreement that the children at the age of 13 can decide where they want to be. The ex and her boyfriend work shift work and my 12 year old is raising the other kids. But it’s 5 girls and my youngest boy. My middle girl... View More
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answered on Nov 2, 2023
Unless your parental rights have been terminated you can always return to court to modify timesharing. You must file a motion and explain why you want the change. The legal standard is what is in the best interests of the child. Speak with a local family lawyer for more specific advice.
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