Questions Answered by John Arthur Smitten

Q: Does a 15 year old have a say on parent visits in Florida?

1 Answer | Asked in Divorce for Florida on
Answered on Jan 31, 2016

The court will consider the childs preference, yes.

Q: I purchased a home with my ex, put it under her name her credit was better. I put forth the funds for purchase.

1 Answer | Asked in Real Estate Law and Family Law for Florida on
Answered on Jan 31, 2016

You have to file an action for partition if you want to have the Court order it be sold.

Q: I pay child support but she won't let me see my son. What do I need to do?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 31, 2016

You have to go to court and get an order. You have rights.

Q: What are the possibilities of a mother gaining sole custody of their child if the father is homeless?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 31, 2016

Your chances are excellent if he has no home.

Q: My daughter is 20 years but her condition and paper say that is like 10, can I do anything in court to have her custody.

1 Answer | Asked in Family Law for Florida on
Answered on Jan 31, 2016

If the person is a special needs person then you will still have to pay support.

Q: Can someone tell how long a child support case last through FL Childsupport Enforcement?

1 Answer | Asked in Family Law and Immigration Law for Florida on
Answered on Jan 31, 2016

3-6 months, most of it is waiting around for the court to set the hearing.

Q: My wife filed for divorce,but she's telling me not to sign what is she trying to do

1 Answer | Asked in Divorce for Florida on
Answered on Jan 24, 2016

You are free to sign (or not sign). Use of a lawyer is recommended.

Q: Can I legally take my daughter back whenever I want?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 24, 2016

I would not recommend just getting the child. File a case for full custody. Use of a lawyer is recommended.

Q: Dad paying child support, but not interested in see the kids since 2 years ago. Would be convenient file sole custody?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 24, 2016

If he does not see them then yes go for sole custody. Use of a lawyer is recommended.

Q: I am 27 and have a 1 year old daughter with an 18 yr old, can i apply for a name change on my daughters last name?

1 Answer | Asked in Family Law and Juvenile Law for Florida on
Answered on Jan 24, 2016

Yes apply for the name change, you will not get arrested. Use of a lawyer is recommended.

Q: The father of my child was abusive and is mentallly disabled, we have two babies will the judge allow him rights?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 24, 2016

It is your burden of proof to show why he is not entitled to contact with his kids. Use of a lawyer is recommended.

Q: Can a non-US citizen resident alien sue for custody of a child in another country using US court and laws?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 24, 2016

Yes, if they live in FL they can sue in FL. Use of a lawyer is recommended.

Q: I was in a rush to divorce and did the paper before I was at my residence for 6 months...I have seen the judge

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Jan 24, 2016

You will have to dismiss the case then refile. Lack of jurisdiction is not correctable. Use of a lawyer is recommended.

Q: I am pro se. I am the initial respondent - I have however filed a counter petition I am contesting the divorce

1 Answer | Asked in Divorce for Florida on
Answered on Jan 18, 2016

If you are making a claim for alimony then you will need to retain a lawyer. Adultery is not as big a factor as you may think.

Q: My wife won't go to court house with me to sign papers for divorce. What can I do

1 Answer | Asked in Divorce for Florida on
Answered on Jan 18, 2016

If he will not agree to the simplified process then just file a regular divorce.

Q: What happens if one is "Unable to respond" to divorce papers, due to incarceration?

1 Answer | Asked in Divorce for Florida on
Answered on Jan 18, 2016

Retain a lawyer to represent your interests. Also being in jail is not an excuse to not respond.

Q: Divorce degree states that we alternate claiming our son but we agreed to something else on our own. Is this ok?

1 Answer | Asked in Divorce for Florida on
Answered on Jan 18, 2016

You are free to make any deals you want but the court will enforce the written order if necessary.

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