Questions Answered by John Arthur Smitten

Q: what are the proper steps to get custody on a nephew if he has unfit parents.

1 Answer | Asked in Family Law for Florida on Jul 27, 2015

Answered on Jul 29, 2015

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John Arthur Smitten's answer
File a petition for custody by a relative.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: if mother abandon the house can a father sign a temporary custody to an aunt?

1 Answer | Asked in Family Law for Florida on Jul 27, 2015

Answered on Jul 29, 2015

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John Arthur Smitten's answer
The aunt to file a petition for relative custody. The mother has to give written consent and be served with the petition.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: I want to modify my child custody agreement with my ex husband. He constantly moves though and is hard to find?

1 Answer | Asked in Family Law for Florida on Jul 27, 2015

Answered on Jul 29, 2015

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John Arthur Smitten's answer
A good process server (and lawyer) can find him.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: if legally separated in NC and you buy a home in Fl (community property state) can your estranged spouse lay claim to it

1 Answer | Asked in Family Law for Florida on Jul 27, 2015

Answered on Jul 29, 2015

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John Arthur Smitten's answer
The date of separation is the cut off date for marital vs non-marital property.

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Q: My ex and I got divorced in PR, but now live in FLORIDA. How can we get Asume to stop trying to collect child support?

1 Answer | Asked in Family Law for Florida on Jul 27, 2015

Answered on Jul 29, 2015

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John Arthur Smitten's answer
If all parties live in FL then file a certified copy of the PR order and have it modified in FL.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: I Being paying child support without a court order for two years. Can she file for back order?

1 Answer | Asked in Family Law for Florida on Jul 28, 2015

Answered on Jul 29, 2015

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John Arthur Smitten's answer
If money is being garnished from your pay that you do not owe, then file a motion to stop it.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: Is an inheritance from my mother joint property of my wife and I?

1 Answer | Asked in Family Law for Florida on Jul 27, 2015

Answered on Jul 28, 2015

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John Arthur Smitten's answer
It is your non-marital property, so long as you don't add your wife's name to the account you put it in.

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Q: My ex is 29000 in arrears and my daughter is over 18 shoud i hire a lawyer

1 Answer | Asked in Family Law for Florida on Jul 27, 2015

Answered on Jul 28, 2015

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John Arthur Smitten's answer
Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: My baby's father work for himself how do the judge going to know how much money he makes

1 Answer | Asked in Family Law for Florida on Jul 26, 2015

Answered on Jul 27, 2015

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John Arthur Smitten's answer
Subpoenas his tax returns and his bank statements.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: Family Rights in Child Custody

1 Answer | Asked in Family Law for Florida on Jul 26, 2015

Answered on Jul 27, 2015

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John Arthur Smitten's answer
I am an adoption attorney. The information you got is not correct. You can file for adoption in FL if the kids are in FL. You have to terminate the parental rights of the mother and the fathers.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: Wife won physical custody in Kansas. She moved to Florida so they could be near me. The kids moved in with me.

2 Answers | Asked in Child Custody for Florida on Jul 24, 2015

Answered on Jul 27, 2015

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John Arthur Smitten's answer
If you and the kids live in FL then file a case in FL to modify the Order.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: left hus in 08 want div now no minor kids or valuables anymore is this an easy process now or no ? Need lawyer?

1 Answer | Asked in Divorce for Florida on Jul 22, 2015

Answered on Jul 23, 2015

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John Arthur Smitten's answer
Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: The father of my son and I had 50/ 50 but he hasn't pay child support or seen him over two years Can i get custody.

1 Answer | Asked in Family Law for Florida on Jul 21, 2015

Answered on Jul 23, 2015

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John Arthur Smitten's answer
Yes, file for full custody if he is not complying with the order.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: If I am unemployed due upcoming militarymove with spouse, can they impute my income ?

1 Answer | Asked in Family Law for Florida on Jul 21, 2015

Answered on Jul 23, 2015

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John Arthur Smitten's answer
Yes the court will likely impute income.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: I want to leave my sons father, If I file temporary custody, can we stay in a hotel, Until our new place is available ?

1 Answer | Asked in Family Law for Florida on Jul 21, 2015

Answered on Jul 23, 2015

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John Arthur Smitten's answer
yes you can (and should) move out.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

Answer this Question View More »

Q: The father of my son and I had 50/ 50 but he hasn't pay child support or seen him over two years Can i get custody.

1 Answer | Asked in Family Law for Florida on Jul 21, 2015

Answered on Jul 23, 2015

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John Arthur Smitten's answer
If he is not complying with the order then yes go for full custody.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

Answer this Question View More »

Q: Is there a legal way to stop a Grandparent from being able to see a Grandchild?

1 Answer | Asked in Family Law for Florida on Jul 21, 2015

Answered on Jul 23, 2015

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John Arthur Smitten's answer
Grandparents have zero rights in FL.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: Can a father pay child support if both mother and daughter living in the same house

1 Answer | Asked in Family Law for Florida on Jul 21, 2015

Answered on Jul 23, 2015

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John Arthur Smitten's answer
Generally no, you have to be living separate and apart.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: I just got a letter from my ex lawyer wanting all of my income and financial records but we all ready have Child Support

1 Answer | Asked in Family Law for Florida on Jul 21, 2015

Answered on Jul 23, 2015

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John Arthur Smitten's answer
You are required to comply with that request.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

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Q: I own a condo mortgage free in FL. before getting married is she entitled to any of it? We got married in Costa Rica?

1 Answer | Asked in Family Law for Florida on Jul 21, 2015

Answered on Jul 23, 2015

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John Arthur Smitten's answer
It will remain your non-marital property so long as you do not add her name to the title.

Use of a lawyer is recommended.

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

Phone: 727-799-3900/Fax: 727-490-4944

jsmitten@careyandleisure.com

www.careyandleisure.com

Answer this Question View More »