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1 Answer | Asked in Child Support and Family Law for Florida on
Q: I have a disagreement with the mother of my child. She demands that I pay her money for expenses related to our child

At this point in time we are in family court and as of yet I have not been ordered to pay child support. I am responsible for paying recurring expenses such as child care and medical expenses. She wants me to stop doing so and send her the money so that she may do so directly.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 15, 2024

You do not mention if there is a court order or not. If there is a court order then you should do what it says. If not, how ever you choose to provide money, make sure that you keep clear records of the date and how much you paid. Without a court order, you decide what and how to pay. Speak with a... View More

2 Answers | Asked in Family Law for Florida on
Q: Do Florida Courts still have jurisdiction to modify Parenting Plan if the mother moved to another state?

Do Florida Courts still have jurisdiction to modify Parenting Plan if the mother moved to another state for more than 3 years

Veronica LaVerne Robinson
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answered on Nov 15, 2024

Again, the short answer is yes, if there have not been any other court orders in another state. The heart of this issue isn’t just about legal jurisdiction; it’s about power, control, and fairness in parenting. When one parent moves out of state for years without addressing the existing court... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: My next court date says misc criminal fel what does that mean

I've been going to court for a year

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 14, 2024

It's some sort of hearing relating to a felony prosecution. What the "miscellaneous" hearing is all about would depend upon local criminal practice.  

For a felony, you definitely need an attorney, either one appointed to represent you or one you can hire. If you...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Federal Crimes for Florida on
Q: is it unconstitutional to be arrested 30 yrs after a crime that you have already plead to and done your time?

My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 13, 2024

There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More

3 Answers | Asked in Immigration Law for Florida on
Q: I just went to my immigration interview in cd juarez and was denied due to 212A6CII & 212A9Ci. what can i do?
Patricia C. Wall-Santiago
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Patricia C. Wall-Santiago
answered on Nov 13, 2024

Section 212(a)(9)(C)(i) of the INA refers to illegal reentry after removal and is considered a permanent bar. The law only allows you to file for a waiver after you can show you have been physically present outside the U.S. for at least 10 years from the date of departure and section... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: What can I do about people living and working on my property without my permission?
Charles M.  Baron
Charles M. Baron
answered on Nov 12, 2024

A court action against non-tenants being possessing property without consent is called an unlawful detainer action, or in some scenarios, an ejectment action (or both). So search for lawyers in your area who handle those types of claims. Some landlord-tenant lawyers will also handle those types... View More

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can a custody agreement be nulled in both parents and child moved out of that state.
Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2024

The answer depends on whether the custody agreement was ratified by the Court and if it became a final or temporary order in a custody or a paternity case. Custody agreements between two parents that are not generally filed in Court can be enforced as a contract if necessary to protect one parent... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Mother woke up during surgery.

A year ago my mother 70 years of age woke up during cataract surgery while the surgeon instrument was inside the cornea causing injury. This happened with a very well known doctor at an ambulatory clinic. The anesthesiologist was not able to keep my mother asleep during the procedure since my... View More

James Clifton
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James Clifton
answered on Nov 12, 2024

The anesthesiologist had a duty to ensure your mother was adequately anesthetized during the surgery. If the anesthesiologist failed to maintain the anesthesia, leading to your mother waking up, this could constitute a breach of that duty. You would need to prove that this breach directly caused... View More

1 Answer | Asked in Family Law for Florida on
Q: If I file Motion to return child to Jurisdiction where paternity case is pending, can respondent request case to be move

Respondent moved to a different state 22h away without notifying me. The lawyer didn’t notify me as well. If I file motion to ask to return child to the Jurisdiction where the case is pending, what are the odds of the judge moving the case to the new state she lives in, if the respondent/lawyer... View More

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2024

It appears that the Respondent has relocated with the minor child without proper authorization from the Court or written consent from the other parent, you. In this case, a Motion to Return Child to the Court’s Jurisdiction should be immediately filed. Be sure to attach a copy of the UCCJEA... View More

1 Answer | Asked in Personal Injury for Florida on
Q: slip and fall from street to sidewalk

I was walking up the street and through a crosswalk when I noticed wet sludge cement and mud. So in an effort to avoid this I walked around it in the street and when I went to step up on sidewalk I slipped on more sludge that was streaming aside the curb and I fell on knee. I cut it which later... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 11, 2024

I recommend that you pick up the phone to seek a free consultation with a lawyer. The potential case being against a local government, some personal injury lawyers will handle that, some won't, as such a claim is often more of a hassle than one against an insured private entity, and it... View More

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: How should my friend proceed with his case?

My friend was involved in a traffic stop after being accused of threatening someone with a gun. He says he gave the police consent to search for a gun (none was found) but not to open any bags or containers. The police found drugs in a bag while conducting the search. He is currently being charged... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Nov 11, 2024

It appears that your friend gave limited consent to the police to search the interior of his car which was ignored by the police during the actual search. I would be curious to know the description of the bag in which the drugs were located. Large enough to have contained a firearm? If not, then he... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: The Company that owns the land my mobile home is on, is trying to evict me accordingly that I am an unapproved tenant

pursuant to Fl. Statute 723.06(1)(e), although I am a model tenant that is never late on my rent and have received Letters from my neighbors stating that I am a model tenant, I have lived here 8 years taking care of my mom, until she passed away, and my sister violated her power of attorney. Now... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 11, 2024

You have multiple issues going on and you should consult with a landlord/tenant lawyer if you are being sued for eviction or have received a notice to vacate. The statute you are citing actually supports the park evicting you if you failed to obtain approval as a tenant.

The duty to...
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3 Answers | Asked in Immigration Law for Florida on
Q: If I have a criminal record, am I still allowed to get a Fiancé or Spouse Visa if sponsored by someone in the USA?
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

The answer depends on what is the nature of the criminal offense. You and your fiancé(e) should consult with a competent and experienced immigration attorney who can evaluate your criminal history to determine whether any ground(s) of inadmissibility exist and, if so, whether that/those ground(s)... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: Where do I find the form for filing a motion for new trial in Martin county Florida

I need to file a motion for a new trial based on the based on the fact that the plaintiff attorney went off the rails and closing arguments and called me a con man

Charles M.  Baron
Charles M. Baron
answered on Nov 8, 2024

The Court is unlikely to have a template form for that - but to be certain, ask the Clerk's Office and/or search for all online forms provided by the Clerk of Courts for the 19th Judicial Circuit of Florida. I'd be surprised if they have a motion for new trial form. Your best bet is to... View More

1 Answer | Asked in Workers' Compensation for Florida on
Q: Statute of limitations expired for medical care?

I was initially treated for a work related condition (carpal tunnel) in 2021, and since then was placed under reduced work hours with FML. I have never received benefits besides covering a few doctors appointments I had. My last office visit was in 2022, where the doctor updated my... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Nov 7, 2024

There are Statute of Limitations (SOL) in Florida specifically for work comp cases. One of those is that you have to see your doctor every year. If you don't, your case may be closed. HOWEVER, there are ways around violating the SOL meaning your case would still be open if one or more of them... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What motion should I file if Respondent moved child out of state without notifying me during Paternity Case in FL?

A UCCJEA was also filed with the petition. The lawyer didn’t notify me as well. The child now lives 22h away oppose to 6h . What should I do to get this settled quickly .

Pamela J. Fero
Pamela J. Fero
answered on Nov 6, 2024

File an Emergency Motion for Child Pick-Up Order. This motion can request the court to order the immediate return of the child. Since the respondent did not notify you about the relocation, they might be in contempt of court, especially if there was a court order in place prohibiting such a move... View More

2 Answers | Asked in Probate for Florida on
Q: Am PR for 3 years and feel need to make attorney change. Can I lawfully seek legal consult with others before firing?

Current attorney is non-responsive with same patterns for 3 years. I need help!!

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 6, 2024

Yes, you will have to pay their fees and accumulated and fire them, the issue that arises is that you will also need to pay for the new attorney to get caught up and review matters and then work on progressing the probate onward from that point. You can always pay an attorney for a review and or... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Went for a walk and hit a super slimy slippery piece of sidewalk.wiped out hard and broke tibia and fibula in left leg.

2 surgeries-7 days in hospital and now looking at 1 month stay in rehab followed by home rehab.wont be able to walk on leg and drive car until at least January.do have a good case vs city?their were no signs of any kind to avert area/with light rain coming down I couldn’t see the hook on... View More

Michael J. Mandelbrot
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answered on Nov 6, 2024

Hi. I think a lawyer would review your potential case. The key questions - has there been falls there before? Did the City about and maintain this street? Was the substance caused by tree, dew or...? Did the City know or should they have know about this dangerous condition. There are very strict... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Went for a walk and hit a super slimy slippery piece of sidewalk.wiped out hard and broke tibia and fibula in left leg.

2 surgeries-7 days in hospital and now looking at 1 month stay in rehab followed by home rehab.wont be able to walk on leg and drive car until at least January.do have a good case vs city?their were no signs of any kind to avert area/with light rain coming down I couldn’t see the hook on... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 6, 2024

So did you go back and take pictures of the accident site? Was this on private or public property? What time of day or night did you fall down? If pictures were taken, did they show a dangerous condition that a person was not likely to see, who was casually waking? If the evidence shows that the... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Went for a walk and hit a super slimy slippery piece of sidewalk.wiped out hard and broke tibia and fibula in left leg.

2 surgeries-7 days in hospital and now looking at 1 month stay in rehab followed by home rehab.wont be able to walk on leg and drive car until at least January.do have a good case vs city?their were no signs of any kind to avert area/with light rain coming down I couldn’t see the hook on... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Nov 6, 2024

Every negligence case has two parts: (1) Liability, and (2) Damages. It sounds like you have sustained significant damages, but the issue is whether the city created and/or was aware of a hazardous condition prior to your fall and did nothing to remove it. Florida law is very specific regarding... View More

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