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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law for Florida on
Q: Do I need fathers permission to take my daughter to Disney when he has never taken his hair follicle drug test ?

He has supervised visits but he has never done hair follicle drug test that’s suppose to be for 12 months of negative tests? and it’s been 2 years? She is with me 247 do I need permission from him to take her to Disney or on vacations to Canada ? Is he allowed to take her out of state legally... Read more »

Linda Liang
Linda Liang answered on Aug 4, 2021

You will know the answer from your marriage settlement agreement or parenting plan.

2 Answers | Asked in Child Support and Family Law for Florida on
Q: My children are 27 and 24 I owe back child support but I can prove that I had the children for 4 years

Can I file for back child support for the four years and have it come off what I owe

Linda Liang
Linda Liang answered on Aug 4, 2021

You could have filed child support modification at the start of the 4 years you had the child. You have long past the due date.

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1 Answer | Asked in Family Law for Florida on
Q: Can I get emancipated from my parent without their consent and how? Who would I have sign the petition?

I’m 16 years of age

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 2, 2021

Florida Statute 743.015 provides in part: 

"Disabilities of nonage; removal.—

(1) A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in this state upon a petition filed by the minor’s natural or legal guardian or,...
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3 Answers | Asked in Divorce and Family Law for Florida on
Q: Does a lesser earning spouse pay alimony?

My spouse who earns double my income filed for alimony. Will I have to pay?

Opal Phiona Lee
Opal Phiona Lee answered on Aug 1, 2021

Alimony is based on one spouse having a need and the other spouse having the ability. Though a person may request alimony, the facts of the case will determine whether that person ultimately receives it. If your spouse makes double your income, it doesn't appear he/she would be eligible; you,... Read more »

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: is my ex husband suppose to be "Hiding" a Fl. lottery winning after or during marriage disolution? In a JGWentworth.
Opal Phiona Lee
Opal Phiona Lee answered on Aug 1, 2021

Good day. I notice you stated ex-husband - does this mean the marriage was already dissolved? If a spouse won the lottery before a dissolution of marriage was filed or anytime before a Final Judgment is entered, he or she is required to disclose it; of course, a stronger argument for it being... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: I want to know how to put the correct biological father on my daughter's birth certificate. What forms do i need?

We have an Ancestry DNA test as proof.

The biological father has agreed.

There is a father already listed.

Rand Scott Lieber
Rand Scott Lieber answered on Jul 30, 2021

You do not mention if there is currently a father listed on the birth certificate. Depending on that fact you may need to file a paternity action. Speak with a local family lawyer for more specific guidance.

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1 Answer | Asked in Family Law, Adoption and Child Custody for Florida on
Q: So what forms do I need to terminate my ex's parental rights over our two children? My ex is for this!

My ex is in prison he has been there for a few years and will remain there for many more years the children will be in their late teens/adults when he gets out. He was never really involved in their life beforehand and is all for terminating his rights and allowing my husband to adopt children! My... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should consult with an attorney to determine if a Step-Parent Adoption can be done in your case. If you and the biological Father are in agreement with your husband adopting the children, there should not be any major issues with the adoption process.

DISCLAIMER: The answer provided...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: I'm 17 . parent is non compliant of a court order, I refuse to stay with my toxic mom, hasn't supported me is CO void

I've been living with my grandparents for almost 8 months. They've supported me 100%. Mom agreed and even threw me out ( step dad did to) one time. She is toxic emotionally and physically, to me. I lose interest in school and life in general. I'm 17, a Senior in high school have... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should have your father consult with an attorney to try to modify the current timesharing order so the Judge can make a determination of what is the best for you based on your current situation. Another alternative will be to file for emancipation, but you will need to meet all the statutory... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: Can I petition for custody of my grandson? Or at least try to get visitations established thru the court?

I had been raising my 6 1/2 grandson all his life. 100% by myself for the past 5 years with no help from his mother(my daughter) or his dad. 3 weeks ago his father showed up with his name finally on the B.C. & they also called DCF making outrageous false allegations concerning my 16yo son. The... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should consult with an attorney that can assist you after getting more information on your particular case. You could file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that... Read more »

1 Answer | Asked in Family Law and Immigration Law for Florida on
Q: What's can happen if my ex husband filed a opposition to the decision the magistrate made our marriage is dissolve?

He wasn't showed up and he new that was the final hearing and now he filed a petition against the magistrate 's decision and even wrote to USCIS after my i-751 was approved without him involved and i got my green card can that change anything on my case please?

Camila Martin
Camila Martin answered on Jul 29, 2021

In Family Court, a party can file exceptions to a Magistrate's report within ten days after the report is signed by the magistrate. Then the exceptions are heard by the Judge and a transcript must be provided so the Judge can make a determination on whether or not the exceptions will be... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?

I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 28, 2021

In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Is it ethical for a lawyer to take you on as a client knowing they have an impending suspension coming.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 28, 2021

Rather than opine on a situation I know nothing about, I will just say that--as a licensed Florida lawyer (43+ years) who wants to remain licensed to practice law in Florida--I would not accept any new client without first informing the client of the status of any such unresolved disciplinary... Read more »

2 Answers | Asked in Family Law for Florida on
Q: If I don’t have a job right now and have been applying every day and can’t afford child support what do I do?

I paid a lumpsome payment to avoid my license getting suspended and the child support contact said it posted late and tore up our agreement we had without telling me weeks later.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2021

It's not clear what you are trying to say, but if an agreement is torn up that doesn't necessarily void the agreement.

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2 Answers | Asked in Family Law for Florida on
Q: If I don’t have a job right now and have been applying every day and can’t afford child support what do I do?

I paid a lumpsome payment to avoid my license getting suspended and the child support contact said it posted late and tore up our agreement we had without telling me weeks later.

Camila Martin
Camila Martin answered on Jul 29, 2021

I am not sure what you mean by the agreement was torn up, but if you are unable to continue making the child support payments, you should consult with an attorney to make a determination if you qualify to file a supplemental petition for modification of child support due to your current financial... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Why would a judge allow a respondent time to answer to a divorce petition a second time after a motion of default
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 23, 2021

Because the law strongly favors decisions on the merits as opposed to allowing litigants to avoid legal responsibility merely for procedural reasons.

If important lawsuits--like divorce lawsuits--could be defeated merely because one of the litigants failed to respond to some pleading...
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1 Answer | Asked in Family Law for Florida on
Q: Can i move back to my home state with my kids if my boyfriend and i are not married legally
Rand Scott Lieber
Rand Scott Lieber answered on Jul 21, 2021

If the biological father has never been to court to establish his legal paternity rights then the mother has full authority over the children, including relocation. However, if he files in court before you move then you will need to deal with him in court.

1 Answer | Asked in Family Law for Florida on
Q: Hello, What is the right steps to take when the father of my daughter has not followed court order?

By court order he is supposed to take my daughter every summer, this year he took her, had her for 2 weeks and decided to bring her back. Now all of a sudden he texts me demanding to have our daughter ready because he is coming to pick her up.

Rand Scott Lieber
Rand Scott Lieber answered on Jul 19, 2021

The remedy is a Motion for Contempt and Enforcement for his failure to follow the court order. Look for a local family lawyer to help guide you.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex refuses to respond to anything unless it benefits them, not our 15 year old daughter.

I told them in August 2020 that we had a vacation planned in July 2021. It was a week long, and I asked them to switch their one day in the middle of our family vacation and they never answer me. My daughter has told them that she going and they laugh at her. Then our custody agreement states the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 16, 2021

Since there are only about two weeks left in July, it appears that it may be too late for you to ask the court to order a change to the shared custody arrangement. Next time seek a court order months in advance.

4 Answers | Asked in Divorce and Family Law for Florida on
Q: Will my marital property belongs to me after divorce if my wife signs a paper to waive any property dispute?

We are in Florida. Today, my wife is aware that the house belongs to me, cause I bought it with my own money. But will the house be divided if we divorce in the future? The house is titled by myself only at the moment.

Does it help if my wife is willing to sign a paper (what kind of paper... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2021

These are extremely important issues that you should ask a lawyer; this public website is not the place to try to do this.

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4 Answers | Asked in Divorce and Family Law for Florida on
Q: Will my marital property belongs to me after divorce if my wife signs a paper to waive any property dispute?

We are in Florida. Today, my wife is aware that the house belongs to me, cause I bought it with my own money. But will the house be divided if we divorce in the future? The house is titled by myself only at the moment.

Does it help if my wife is willing to sign a paper (what kind of paper... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

The document you will need to prepare in this case will be a post-nuptial agreement. As all my peers have stated, you should consult with an attorney and your wife will need to do the same before executing any documents waiving property rights. These issues are not to be taken lightly and a... Read more »

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