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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Power of attorney over a minor child

If the parent who has the child in their custody realizes that they can no longer financially support her can I sign power of attorney over to the man who has been in her life the last 10 years and she knows as step dad or will she have to go to her biological father even though she does not want... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 13, 2022

It's worth a try. It's always possible that the biological father will ask that he be awarded custody, but that remains to be seen, doesn't it?

1 Answer | Asked in Family Law, Health Care Law and Insurance Bad Faith for Florida on
Q: My sons dad pays for health insurance for our child but his name was spelt wrong is there anything I can legally do?

He has to go through his employer to fix it. He has but his employer isn’t doing anything but his employer says he is. Is there anything legally I can do to get his name fixed so we can get the insurance that he’s paying for since march?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 12, 2022

It seems odd that a mere spelling error on the insurance paperwork should prevent you from getting medical care for your child. If the child needs medical attention, ask the medical provider to contact the insurer and get the care pre-approved.

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.

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?

Emily Konicek
Emily Konicek answered on May 10, 2022

If the house was purchased during the marriage, it is marital regardless if only one party is on the deed.

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1 Answer | Asked in Family Law for Florida on
Q: How do I file for indigent and emergency temporary custody?

Mom is in rehab

Emily Konicek
Emily Konicek answered on May 4, 2022

If there is a filing fee, you can file an request for indigency to see if you qualify to have the filing fee waived.

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 Divorce and Family Law for Florida on
Q: Can I get lawyer support per hour without a large down payment in Brower Florida?

I started my divorce and was asked a down payment of 5000 usd, the money dissapeare very quickly and now I am on my own with imited resorces to continue. I was wonderig if I could have only one or two hour meetings for legal advice and then I do all the procedures and paper work but just to... Read more »

Michael Ferrin
Michael Ferrin answered on May 3, 2022

Good morning.

You may find an attorney out there can may be able to assist you, but we do not take on issue piece meal like that. We would need to be retained for the case.

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.

3 Answers | Asked in Insurance Defense, Family Law and Education Law for Florida on
Q: I submitted paper work to claim a life insurance that my mom left me. There is a problem with her last name.

She died in PR im in FL. They are asking for a notarized form that says that she is the same person due to different last names. Im in FL the company is in PR. What can I do? Please help. Thanks!

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 29, 2022

I don't understand your problem. Fill out the form, sign it before a Florida notary public, and mail it to the insurance company.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Hi, I had an attorney for my divorce for over a year so we've made quite a bit of progress. Here's where we are:

The Parental Plan and Marital Settlement were drafted and sent to my spouse's attorney, then we attended our mediation in Feb., 2022.

During this mediation, there were several changes made to the 2 documents, but we ran out of time and didn't get them signed. The main point of... Read more »

Michael Ferrin
Michael Ferrin answered on Apr 26, 2022

First you must make sure that at least one of you have plead for partition which is what allows the court to sell the home at auction if you and your husband cannot agree on what to do with the home. Second, you need to have the home appraised by a reputable appraiser that has experience testifying... Read more »

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.

2 Answers | Asked in Family Law for Florida on
Q: Do grandparents have a legal right to keep their grandchild from moving out of state.

My wife and I want to move with our toddler. He loves grandma and grandpa but they are extremely toxic. Can they legally keep us stuck in state? (FL)

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

Unless there has been a prior court order to the contrary, grandparents have no legal right to prevent a grandchild from moving anywhere. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Family Law for Florida on
Q: I would like to relocate my child to another town. Can I file relocation with court without presence of other parent?
Rand Scott Lieber
Rand Scott Lieber answered on Apr 25, 2022

What do you mean by "without presence of other parent?" Are there any current court orders regarding the timesharing? Have you ever been to court with the other parent? If you have been to court then the law is that you can relocate within a fifty mile radius. My suggestion is that you... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: If a family member hires another family member who’s a lawyer for a family case, is that legal?

My child’s mother and her parents hired a lawyer within their family that’s trying to fight me for custody and I thought that was illegal to do so.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 24, 2022

I don't see any conflict of interest, assuming the lawyer doesn't stand to gain, financially or otherwise, should you prevail.

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1 Answer | Asked in Child Custody, Family Law and Health Care Law for Florida on
Q: Can ex claim son for medicaid benefits if he legally has no parental rights(never married) & son lives with mom 85%?

Parents never married. Father never petitioned the state for rights in either Ohio or Florida. No legal arrangement just verbal until March of 2022 when mother started a custody case. He is claiming since October of 2020 that son resides with father and has actively Maintained medicaid benefits for... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 20, 2022

This is an issue between you and the medicaid system. Look for a consultation with a lawyer that specializes in government benefits.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Does my boyfriend have a legal right to keep my baby from me?

I’m 17. My boyfriend was in the delivery room and signed the birth certificate. No other paternity has been established and no court filings as of yet. Since we aren’t together at this time, I have been taking the baby to him while I go to work. Lately he has been refusing to give me my baby... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Apr 20, 2022

Legally, you as the mother have 100% custody rights to the child, unless and until the father goes to court to establish paternity. You also have the option of going to court to establish paternity. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My ex husband has been doing weird things while the girls are visiting him. Latest thing is putting a gun to our daughte

My ex husband has been doing weird things while the girls are visiting him. Latest thing is putting a gun to our daughters leg while laughing after a disagreement they had over breakfast ( I have actual pictures of the gun to her leg). My daughter expressed she does not feel comfortable going... Read more »

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Apr 19, 2022

Do you wish to deny visitation to protect your child's safety? If so, you must be able to present solid and sufficient proof that he is a danger to your children in order to legally take them away from him. Contact a local Family attorney to get the best help you need with your issue.

2 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: What are my rights if I am a "issue" of a deceased parent

My grandmother passed in 2011, then my mother passed away 2013. My uncle is trustee of my grandmothers Will. My grandmother had a property and stated in her Will "Upon the sale and liquidation of the property, all net proceeds shall be paid to my children, and if any should not be alive then... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 18, 2022

Yes, you and your siblings (as well as your and your siblings' descendants, if any) are the "issue" of your mother.

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2 Answers | Asked in Family Law for Florida on
Q: Unfortunately my spouse passed of Covid in January of 2021. I am not on the home loan.

Mortgage company will not assist me. At this point I am afraid that I am going to lose our home. I don't have the means to pay for an attorney. I want to know my rights as a surviving spouse in Florida? Thanks in advance.

Rand Scott Lieber
Rand Scott Lieber answered on Apr 18, 2022

As a surviving spouse you have a legal ownership interest in the real property (house). However, you are also financially responsible for the house. If your spouse was the only person on the loan (mortgage) then you will need to refinance in your own name moving forward. Because the lender was only... Read more »

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