Questions Answered by John Arthur Smitten

Q: Can I pursue an alimony/child support modification in FL if my divorce was finalized in GA?

1 Answer | Asked in Divorce for Florida on
Answered on Jul 25, 2016

Yes you can bring the case to FL if no party lives in GA. You should have a lawyer represent you in the case.
View More »

Q: Can a father who lives mexico who never did anything for his children fight for them?

1 Answer | Asked in Family Law for Florida on
Answered on Jul 25, 2016

He has zero chance of getting custody. The case would have to be filed in FL. You should have a lawyer represent you in the case.
View More »

Q: what qualifies as a breach, in this statement in our court custody papers: listed below in "more info"

1 Answer | Asked in Family Law for Florida on
Answered on Jul 25, 2016

That would qualify. You should bring this to the attention of the court. You should have a lawyer represent you in the case.
View More »

Q: Where do you go to start the process of emancipation? And usually how long does it take to become emancipated?

2 Answers | Asked in Family Law and Juvenile Law for Florida on
Answered on Jul 25, 2016

You have to file a petition with the local court. You should have a lawyer represent you in the case.
View More »

Q: Are payments made to the state SDU considered paid by the obligor when received by the SDU or by the payee?

1 Answer | Asked in Divorce and Child Custody for Florida on
Answered on Jul 18, 2016

When received by SDU.
View More »

Q: How much will I owe my wife for passive appreciation in a FL divorce on my house?

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

she will likely get 125k unless you can prove set offs like costs, taxes, etc. You should hire a lawyer to represent you in the case.
View More »

Q: Ex has be absent for 8 years, drug use, in and out of jail. Do I have to prove this to file sole custody in divorce case

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

Sole custody is 100% your burden of proof so prepare the evidence you need. You should hire a lawyer to represent you in the case.
View More »

Q: Can DCF obtain a signed order from a judge forcing me to submit to a drug screen due to an anonymous report to hotline?

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Answered on Jul 18, 2016

If there is an order for drug testing then you have to do it, but don't let DCF bully you. You should hire a lawyer to represent you in the case.
View More »

Q: Selling marital assets during a separation with claiming ownership of everything at the marital residence.

2 Answers | Asked in Divorce and Family Law for Florida on
Answered on Jul 18, 2016

She cannot just sell your stuff, file a motion for contempt/enforcement. You should hire a lawyer to represent you in the case.
View More »

Q: If there is a court order for my boyfriend to have his daughter on the weekend and the mother tells him he is not gettin

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Jul 4, 2016

If there is a court order and she is not in compliance then file a motion for contempt. You should hire a lawyer to represent you in the case.
View More »

Q: My ex is in the military, we have had this custody battle for a year and his lawyer keeps trying to push the final back

1 Answer | Asked in Child Custody for Florida on
Answered on Jul 4, 2016

Yes if the child no longer lives in FL then file a motion to have the case moved to the state where the child lives. You should hire a lawyer to represent you in the case.
View More »

Q: How can I get emergency custody of a 5 year old child that's been in my care for a year.

1 Answer | Asked in Child Custody for Florida on
Answered on Jul 4, 2016

You should hire a lawyer to represent you in the case.
View More »

Q: Can I get a paternity test when the mother of my child refuses to give me one?

2 Answers | Asked in Child Custody and Child Support for Florida on
Answered on Jul 4, 2016

You have to file a petition to establish your legal rights. You should hire a lawyer to represent you in the case.
View More »

Q: How do i go about getting a legal separation in Florida. Don't want a divorce for religious reasons and health insurance

1 Answer | Asked in Child Custody and Child Support for Florida on
Answered on Jun 27, 2016

File for Separation, you can do that in FL .

Experienced Personal Injury Attorney

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

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

Careyandleisure.com
View More »

Q: My ex is trying to send our son to a different daycare. i have parental responblites of him.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Answered on Jun 27, 2016

Please refer to your parenting plan. If you do not have one then get one.

Experienced Personal Injury Attorney

John A. Smitten, Esquire

Carey Leisure and Neal

622 Bypass Drive, Suite 100

Clearwater, FL 33764

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

Careyandleisure.com
View More »

Q: same situation did closed case 2nd incident. he is taking AA and batters intervention would etc take my kids

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Answered on Jun 27, 2016

probably not. Make sure you continue in counselling.

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
View More »

Q: My husband is willing to adopt my daughter and her paternal also agree, what process do I need to do?

1 Answer | Asked in Adoption and Family Law for Florida on
Answered on Jun 27, 2016

File a petition for step-parent adoption.

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
View More »

Q: I am required to give flight itinerary for overnight trips would sleepovers in town at grandma house be considered same

2 Answers | Asked in Family Law for Florida on
Answered on Jun 27, 2016

If you are having the child fly to a destination then yes you should provide an itinerary.

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
View More »

Q: Do I have pay for my daughter's health insurance even though she receives Medicaid through her mother?

2 Answers | Asked in Family Law, Health Care Law and Public Benefits for Florida on
Answered on Jun 22, 2016

Refer to the terms of your order. Medicaid is a last resort if you are ordered to pay for private insurance then you have to do that.
View More »

Q: Where can I find a reliable divorce attorney who won't cost me an arm and a leg to represent me in my divorce case?

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Answered on Jun 21, 2016

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
View More »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.