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Florida Juvenile Law Questions & Answers
1 Answer | Asked in Internet Law, Juvenile Law, Municipal Law and Civil Litigation for Florida on
Q: Do I need a consent form from a stranger to show them in a monetized YouTube video?

I'm planning on making YouTube videos in which I record conversations with people in public places (with a cashier, waiter, person at the park, etc.) and then use that clip to help teach people English by explaining the meaning of what I and the stranger said. My YouTube channel is... Read more »

J. Tanner James
J. Tanner James
answered on Sep 20, 2022

A signed release is always your best option. Depending on your location, you could be dealing with privacy laws AND publicity laws, and a failure to obtain a signed release could expose you to serious civil liability. Given the purported nature of your videos, I would imagine participants would... Read more »

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Q: I am 17, with my ged, form of income, and I live with my grandparents. I wanted to know if I could legally leave their-

care. My grandma has power of attorney over me. I live in florida and I dont know if I can but I really need to leave here.

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Aug 23, 2022

You can be legally emancipated by a court before the age of 18 if you can support yourself. You can show proof of sufficient income to cover your living expenses and daily necessities.

However, it is most practical if you sit with your legal guardians and obtain their permission.

2 Answers | Asked in Criminal Law and Juvenile Law for Florida on
Q: Boy, 17, and girl, 15 go to a friend's house. Friend's dad gets them drunk. Teens have sex, girl says it was rape.

The kids all lied to investigators at first, and said their friend stole a bottle from their parents, and the parents didn't know they were drinking. But the girl's parents are mad, and they found out the adult hosts handed the kids shots when they walked in the door, and kept giving them... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 19, 2022

No, the boy probably doesn't have a viable defense to possible criminal charges by arguing that he didn't have the mental capacity. Any diminished capacity resulting from voluntary intoxication is normally not a defense. But of course, he should refuse to answer any questions about this... Read more »

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1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Q: How do I terminate permanent guardianship? Child is uncontrollable because birth mother is encouraging bad behavior! Etc

He’s bullying 93 yr old in home causing my 5yr old grandson I’ve adopted to break down. He’s refusing to do schoolwork stealing taking off etc. I’ve called many agencies only to get one offering referral for counseling. This child needs a one on one situation that I can’t provide. I’m... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 14, 2022

You would need to file a motion to terminate the guardianship. I would highly recommend that you contact an attorney to assist you if this is what you want to do. If you can, it would be best if you could find someone else to take over the guardianship of the child and that way you can file a... Read more »

1 Answer | Asked in Juvenile Law for Florida on
Q: if im a juvenile in teen court florida can i move to another state and finish my sanctions there with parents permi
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 21, 2022

You would have to ask the judge (by filing a motion) for permission to do so.

1 Answer | Asked in Juvenile Law for Florida on
Q: Under 921.1402 a juvenile gets a sentence review after 25 years?

When does the 25 years start, the day the juvenile gets arrested or sentenced?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 25, 2021

The statute seems relatively clear; it appears that it starts on the date of sentencing.

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Juvenile Law for Florida on
Q: corroborating evidence. How is it used exactly and what does it consist of. Dependency fl

At the adjudicatory hearing even though I was there at 9am as scheduled, although all other parties were provided with links to attend via voom, I didn’t leave the building till 3:30 that day without seeing the judge and when I asked what was going on the bailiff said I couldn’t speak to the... Read more »

Jane Kim
Jane Kim PRO label
answered on Nov 28, 2021

Are you talking about a child custody issue? Why don't you repost it under family law. And in any event, clearly you need a lawyer.

1 Answer | Asked in Juvenile Law for Florida on
Q: Is it legal for someone to record a minor without their consent?

A controlled by took place where in the video record of the controlled by there is footage of a minor smoking. I thought that without a minors permission given it is against the law and against their rights?

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Oct 28, 2021

There are laws against video voyeurism (Fla. Stat. 810.145) and recording audio without a person's consent (934.03), but both laws have exceptions for law enforcement. This should be discussed with the criminal defense attorney handling the case. Also, legal steps can be taken to protect the... Read more »

1 Answer | Asked in Criminal Law, Education Law and Juvenile Law for Florida on
Q: My daughter was involved in a fight and now the school is trying to expel her. How can I fight for her rights

The other party has since withdrawn from school and my daughter is getting all the fault. They even say they investigated but will not share any of the file

Henry George Ferro
Henry George Ferro
answered on Oct 7, 2021

Hire a good lawyer!!!

1 Answer | Asked in Criminal Law and Juvenile Law for Florida on
Q: I requested an Officer to press charges for my stepson kicking me in the back and vandalizing my home with a sharpie.

However, the officer said I did not adopt him and he is allowed to throw things around the house. I am trying to get a hold of a supervisor and I was told to call back when he is back from vacation. Please Advise. I feel strongly the police are bias and not doing there job. Also, my wife is trying... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Sep 27, 2021

So, it is definitely not the law that someone is allowed to kick you in the back and vandalize your house just because you didn't adopt him. The crime for vandalizing is called "Criminal Mischief," governed by Florida Statute 806.13. The crime for kicking you in the back is called... Read more »

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
PREMIUM
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 Child Custody, Child Support and Juvenile Law for Florida on
Q: Can my dad take my phone away if i’m 17 and he paid for it?

He paid for the phone and pays for the phone bill but he can just stop that can he take my phone legally?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 19, 2021

Yes.

2 Answers | Asked in Criminal Law and Juvenile Law for Florida on
Q: Just a small question about court because I am clueless to everything…

When I spoke to the sheriffs, they told me they would provide a “public attorney” since I do not have the funds for one and it’s been a week and ever since all I get are advertisements in the mail but not the one that has been told to me… so my question is when or how will I get in contact... Read more »

Henry George Ferro
Henry George Ferro
answered on Jul 18, 2021

As a former judge and attorney of nearly forty years, my suggestion is that you actively pursue any appointed attorney or public defender so that you can keep yourself informed as to the status of your case…Nothing is worse than waiting for the day of court to find things out…This also applies... Read more »

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1 Answer | Asked in Criminal Law, Divorce, Child Custody and Juvenile Law for Florida on
Q: Hello, I’ve been losing sleep and having stress about courtday. It’s my first time getting a misdemeanor (812.015)

I don’t want to go to jail and I have a son to support and a in the middle of a divorce. I’ve gotten out of a toxic relationship and dealt with abuse growing up and the father is not taking any responsibility for child, the wrong I’ve done is that I took some redbull and used giftcards to... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2021

Hold on there... DO NOT EVEN THINK OF ending your life over something like this. Only a Florida attorney who practices criminal defense should advise here. But your question was alarming in its nature. You're gonna get through this. Hopefully a Florida attorney knowledgeable in criminal... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: Can my 17 y/o daughter live with her sister without my consent? I have asked her to come home to both of them

My 17-year-old daughter was staying with her father even though I am primary parent in our custody arrangement. Her father is now in jail and she has been staying with her sister. I have made it very clear from day 1 to both of my daughters that I am not ok with this and I want her to come home.... Read more »

Tami Lane Augen
Tami Lane Augen
answered on Jul 4, 2021

You have the parental rights to do what you need to do to get her back home. This, unfortunately, is where the law and reality clash. You most likely will not even get into court before your daughter turns eighteen. Perhaps you can work with her and her sister in terms of advising that you are... Read more »

2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: My boyfriend is trying to kick me out of his apartment and telling me that I can't take our daughter with me
Tami Lane Augen
Tami Lane Augen
answered on Jun 17, 2021

It is not entirely clear what your question is. There are certain laws in Florida that govern the parent child relationship when a child is born out of wedlock. You may want to schedule a time to speak with a qualified family law attorney to discuss what your options are under these particular... Read more »

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3 Answers | Asked in Juvenile Law for Florida on
Q: If I kick my daughter's BF out of my home is it call abuse. He is 17 and my girl is 16. His legal address is not my home

We didn't kick him. We just told him to get out our house. Because his mom said by tell him get out we abuse her son. Thank you for you all answer my question.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 18, 2021

No, why would you think that; assuming you don't literally kick him? You have no obligation to allow him to stay in your home.

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1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Florida on
Q: My 15 y.o. nephew from NY has runaway while down here in FL. What do I do?

My sister sent my nephew down here to live with me because he was trying drugs, not doing well in school and coming/going from the house whenever he wanted. At first he was doing so well down here...said it was toxic in NYC and he appreciated the calmer environment. However, now he misses his... Read more »

Tami Lane Augen
Tami Lane Augen
answered on May 6, 2021

Are his parents coming to Florida to find him and/or pick him up? They should consider take responsibility for him and should report him as a runaway. Do you know where he is? You may want to consider speaking with an attorney and moving forward in terms of reporting him as a runaway and/or to... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Florida on
Q: MY children and I lived in Florida and the inlaws took them to TN and refused to return. Do I need a FL or Tn lawyer?

Is there any way to get the case brought to Fl? If so how? How do I know what lawyer to get? They are trying to adopt them and I want my babies back home asap!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2021

If the children have been out of Florida for less than six months, you would sue in Florida for custody. It is unclear what in-laws took them to Tennessee and are trying to adopt them; the parents of the children's other parent?

1 Answer | Asked in Juvenile Law for Florida on
Q: Okay i’m 18 and out of the house. My dad is telling me he is going to call the cops because i’m missing school.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 5, 2021

And? It's not a crime to skip school if you are 18 or older.

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