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Florida Family Law Questions & Answers
2 Answers | Asked in Divorce and Family Law for Florida on
Q: Is it possible make a write agreement with my ex husband before get divorce . ,

We have a restaurant business together

Michael Ferrin
Michael Ferrin
answered on Dec 1, 2022

There are two types of agreements that may pertain to your situation. If you do not intend to file for divorce, but are planning just in case of divorce in the future, you can enter into a post nuptial agreement to address certain issues. Post nuptial agreements are similar to prenuptial agreements... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: There is a no contact order against me for my foster sister and I want to know once she's adopted if it will disappear
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 30, 2022

The adoption will not change the no contact order. Normally the order will have a duration (a year, permanent, temporary). The only way to change that term is to return to court. Speak with a local lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: What can I do if my ex says she has a child that is mine but never let me meet them and has blocked me?

I was dating a girl and she suddenly broke up with me and there was no communication. After 6 months she contacted me to tell me she was pregnant with my child and I ruined her life and she wanted nothing to do with me. I have tried to get in contact with her to meet my son however she has blocked... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 30, 2022

The best way for you to force the issue is to bring a paternity case against her. You would probably need to go to court in Georgia where the child lives. Step one would be to request a DNA test and then go from there. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: divorced couple property in TIC/JTWROS can 1 person tell the other who can live there or not

divorce states husband to pay mortgage and the home is wife's primary residence ex husband is now demanding wife and sister in law to pay portion of mortgage and if not they both need to leave.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 29, 2022

Without reading the divorce decree, it's difficult to say but in general, if the Court granted the Wife the exclusive use of the house and ordered the husband to pay the mortgage, then he has no standing to demand that anyone do anything. It may not be a bad idea for the Wife to engage the... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Do I have to supply all documents for mandatory disclosure for a modification of parenting plan with no child support

I’m not asking to modify child support just circumstances have changed with my parenting plan and I can’t come to an agreement with the mother of my son.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 28, 2022

You can make an argument that if there are no financial issues then the mandatory disclosure for a modification are not necessary. However, if any of the requested modifications change the overnights, which in turn can change child support, then they may be required. If necessary, the focus will be... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Does my written answer to a petition need to be notarized before submitting it to the clerk of courts

The petition was filed in broward county and I live with my child here in Polk County. I'm trying to submit my answer and relocate the case and not really sure how to go about it. I've been trying lawyers for a consultation with no luck and am running out of time to put in my submission.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 28, 2022

You need to answer the petition in Broward county. You can also file a motion to transfer jurisdiction to where you live. Look for a family lawyer with a free consultation. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Do I have to file my written response in the county the petition was filed or can I file it with supplemental petition

I want to file a supplemental petition to move the case to the county where I live with my daughter but I have to write a response to the petition filed by her dad in a different county. I don't have transportation to the other county to file in their clerk of courts. Even if I file a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 28, 2022

You can file it online, using Florida's E0filing Portal:

https://www.myflcourtaccess.com/Common/UIPages/NotLoggedIn.aspx

Or, obviously, you could probably mail it to the clerk of court in the county where the father filed his petition.

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2 Answers | Asked in Probate, Divorce and Family Law for Florida on
Q: What papers do I file for alimony in Florida with the case in Massachusetts. ?

My ex husband owes me court ordered alimony has not paid me in almost 4 yrs he moved to Florida a yr ago built a million dollar home . I have served him a few time never showed up for court the judge has him in contempt here in Massachusetts. I don’t know what I need to do to start a Florida case... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

You would need to hire a family law lawyer here in Florida. He would need to domesticate the foreign Massachusetts Alimony order here in Florida. Once that transfer is made, you can then enforce that via discovery and contempt if need be.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I file a motion for relocation. I do not live in the county where the petition was filed
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 23, 2022

You can file your supplemental petition where you live and/or preferably where the child lives. Assuming that all legal issues have been in Florida you can attach the original order to your petition as an exhibit. Relocation can be complex so speak with a local family lawyer for more specific... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Is there anyway to get a family law case moved to the county I live in and how?

My daughter father put a petition for paternity custody and support. He is in broward County fl and I reside in Polk County. I have no money or transportation to get to broward and I only have 14 more days to respond. How do I go about this.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 23, 2022

A paternity case can be where either parent lives or the child lives. You do not mention where the child lives. If the child is with you then you can ask the court to move the case based on that. If the child is with dad in Broward then you will have a harder time. Speak with a local family lawyer... Read more »

1 Answer | Asked in Family Law and Adoption for Florida on
Q: My daughter was born in Illinois but my husband adopted her now that we live in Florida. She is an adult.

The adoption is final. Our lawyer is no longer practicing. How do we get amended birth certificate? Thank you

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

The first question is did you amend the birth certificate at the time of adoption. If yes, just request a new copy. If no, you will need to go to court in the state that issued the birth certificate. Speak with a local family lawyer in that jurisdiction (location) for more specific advice on what... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What motion can I file when a parent willingly neglects to ensure the safety of a child from their known allergens?

My son is severely allergic to cats and dogs. Their father, who has not seen him physically for three years or had communication with him for two years, was granted visitation on 10/25 by a general magistrate even though my ex-husband refused to carry out what was issued in the report and... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Nov 17, 2022

File a petition to modify time sharing.

1 Answer | Asked in Family Law for Florida on
Q: Do I need my parent's approval to get emancipated in Florida? And if so, how do I get emancipated without it?
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Nov 14, 2022

It is most practical to you sit with your parents and obtain their permission. You can still be legally emancipated by a court even without their permission as long as you can support yourself. You need to show proof of sufficient income to cover your living expenses and daily necessities.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I'm trying to get visitation of my child and my rights were given up. what do I do to get see my child
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Nov 14, 2022

If there is clear and convincing evidence that it is in the best interests of the child, the court may reinstate your parental rights. You must present the best case possible and commit to doing everything in your part to restore your rights.

3 Answers | Asked in Divorce and Family Law for Florida on
Q: Spouse filed and served a petition for Annulment of marriage. I have received papers. He has passed before my response.

What do I do? Do I still have to respond, and file with the court house? There is no more marriage to annul, though it is a summons.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 12, 2022

Once a party to a divorce that is pending passes away the family court loses jurisdiction meaning the case is over. You do not need to do anything, although you may want to notify the court of the death. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: Is a registered sex offender allowed to live on the same property with young children he is related to?
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Nov 9, 2022

Sexual predators and offenders are not permitted to live within 1,000 feet of a school, child care facility, park, or playground. If you live outside of the 1,000-foot radius, you should notify the Sheriff's Department. Refer to your local county ordinances regarding restrictions on sex... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My mother threw me out of the house and won't sign emancipation papers. Is there a way to do it without her signature?
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Nov 9, 2022

Florida law doesn't allow emancipation without the permission of a parent or guardian. You have the option to get a court-ordered emancipation as long as you can provide proof that you can provide for yourself.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Is it legal for my wife to be charged $11k to cancel legal services so she can cancel her divorce filing?

We reconciled before the lawyer filed. She asked the lawyer to cancel the, but he filed anyhow. Now we're being told to allow the hearing to take place on the 7th of February or he will charge her an additional $11k following the $2800 filing fee. Is this legal, we just want to cancel the... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 3, 2022

You need to carefully read the retainer agreement that she signed. It should address what is owed and what the refund policy is. What you are describing does not sound right as it would be unethical to charge such a large sum for no work done. Speak with a local family lawyer for more specific... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: If someone has warrant for a family court case and they attend a hearing for a criminal case . Will they get arrested
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 3, 2022

If you have an active warrant you can be arrested anywhere, including another court hearing.

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Any laws prohibiting what can be expensed/excluded from selfempincome in Fl in regards to income calc. for child support

My ex is a realtor so he can expense everything and reduce his income to almost nothing to avoid paying child support. Any laws to prevent this? What business expenses are allowable? Is gross income not used to calculate child support in this case?

Michael Ferrin
Michael Ferrin
answered on Nov 3, 2022

You may want to consider hiring an accountant to go through his personal and business financials to determine what expenses are personal or inflated. The short answer is that any expenses that are personal in nature you should have a good argument to have them included in his income for purposes of... Read more »

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