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Questions Answered by Gregory P. Farrar

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: Hello Justia, my question has to do with international travel with my kids.

I want to visit family in canada but my ex-husband is refusing to give me the signed permission slip to travel outside of the country with my kid. What are my options here?

Gregory P. Farrar answered on Mar 21, 2017

You could file a motion in the court which currently has jurisdiction over your children requesting a court order authorizing you to obtain passports for the purpose of custom your family.

1 Answer | Asked in Family Law and Child Support for Florida on

Q: My son is 24. I am in arrearages. He was in jail from age 17 till last year.The mother will sign off on amount due.

What is my next step? What paperwork do I need?

Gregory P. Farrar answered on Mar 11, 2017

I suggest a stipulation of satisfaction of child suspport. However if the state of Florida is owed money a stipulation signed by the mother will not waive any amounts owed to the state,

1 Answer | Asked in Family Law for Florida on

Q: If i have aopen dcf case and im dating someone with a record and we get married will dcf still use his record against me

This is a child dependency case and the charges are over 10 years old and the most recent charges were nolle prosequi

Gregory P. Farrar answered on Mar 10, 2017

While you are under supervision by the department the individuals you live with may impact your reunification or continued placement of your children. I suggest you discuss with your case worker how this relationship may impact your case plan and your goal of restoring your family. Also you are... Read more »

2 Answers | Asked in Family Law and Immigration Law for Florida on

Q: I married a guy for love. He married me for Greencard. He never moved in with me. What do I do?

I don't want to get in trouble with the law. I tried to get him to move in but he just kept making excuses. I finally get gave up,due to I was taking care of my Grandfather until he passed. I got married in 2012. I went to the first interview at immigration with him. I don't remember much because I... Read more »

Gregory P. Farrar answered on Mar 10, 2017

This appears to be a sham marriage. I would suggest you contact and discuss the implications with an immigration attorney regarding how this may impact your situation. Regardless you should initiate a petition for dissolution of marriage or given the circumstances perhaps a petition for annulment... Read more »

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1 Answer | Asked in Family Law for Florida on

Q: Is it possible for a grandparent to get weekend visitation? Not sure if it's our grandchild to begin with. No DNA done.

Son signed birth certificate to a woman who has multiple children. She is very hostile. No one did a DNA test. Would like to be involved if it is our grandchild. Do we have any rights to find out? Is there a way to get visitation a day or two a month?

Gregory P. Farrar answered on Mar 7, 2017

Grandparents have very limited rights. The parents have constitutionally recognized rights too choose whom they may wish their children to associate with including grandparents. So it is very unlikely a grandparent could get weekend visitation rights.

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: Can the bio mom take the daughter whenever she pleases?

My boyfriends bio daughter lives with us and goes to school (1st grade). Her mother picks her up early some Fridays from school and keeps her from school Monday because she feels she needs more time with her. Without our consent. They never went to court for custody. The bio mom has the other 2... Read more »

Gregory P. Farrar answered on Mar 6, 2017

Unfortunately, the biological father of a child born out of wedlock does not have any significant rights until they are established by a court order. The father should seek to have the mother sign an acknowledgement regarding his paternity and an agreement regarding the timesharing of the child to... Read more »

1 Answer | Asked in Family Law for Florida on

Q: If the child lives with father and goes to school where father lives. Can the mother just up and take child?

They verbally agreed that she would stay with father. Mother sees child every weekend and lives in a different county. No court orders were ever in place since it was verbally agreed. Child has been living with father for 8 months now, while attending school (vpk- child is 5 yo), without mother.... Read more »

Gregory P. Farrar answered on Mar 6, 2017

The quick answer is yes. The mother is the presumptive custodian of a child born out of wedlock. If the parents are married when the child is born then both parents have the legal right to pick up the child from school. Verbal agreements are not typically enforceable and do not give third... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on

Q: If a bio father was ordered to pay child support in dependency court but has not is that grounds for tpr?

He was ordered in Oct 2015 to pay child support to the custodian. He only paid once. It is part of his case plan.

Gregory P. Farrar answered on Mar 5, 2017

Failure to substantially comply with a case plan may be a ground to terminate parental rights particularly if the parent has not addressed the issues which caused the child to be determined to be dependent and the child cannot be reunified with the parent within one year of removal.

2 Answers | Asked in Family Law for Florida on

Q: I have been served for a dissolution of marriage. Should my best answer be " currently unable to admit or deny" ?

She wants the house and Alimony. I plan to file my answer to petition and counter petition.

Gregory P. Farrar answered on Mar 4, 2017

No. First you should consult an attorney --we offer a free case evaluation/consult. Failing that you should enter denial of all allegations to prevent a default and to preserve your rights.

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1 Answer | Asked in Personal Injury for Florida on

Q: Can i sue a bailiff whose negligence resulted in my fall downstairs?

Gregory P. Farrar answered on Mar 2, 2017

Certain governmental employees have different sovereign immunities which may be applicable depending upon the jurisdiction and the scope of the potential defendants duties. The general answer is a qualified yes to your question. Please give us a call to provide a more detailed analysis of your... Read more »

1 Answer | Asked in Family Law and Adoption for Florida on

Q: girlfreind pregnant by another guy before we met

My gf is pregnant by another man. We live in Florida if that matters. If we both decide to say it is my baby and we get married before baby is born do I have to adopt child? I feel it would be easier to just go on with life saying it is mine. Thanks!

Edit: we both want to just put my name... Read more »

Gregory P. Farrar answered on Mar 1, 2017

Should you marry before the baby is born you would then be the presumptive legal father of the baby as the husband is the presumptive father of a child born of married couple.

1 Answer | Asked in Family Law for Florida on

Q: If both parties have a "shared parenting" agreement, are both parents able to designate people to pick up from daycare?

My fiancé's ex-wife moved their daughter to a new daycare (without discussing with my fiancé first), and is now refusing to add my name to the list as a designated pick-up person, although it's never been a problem before. She is telling us that she is the only one authorized to add someone to... Read more »

Gregory P. Farrar answered on Mar 1, 2017

Most Parenting Agreements specify in the agreement how subsequent day care providers may be selected and how other individuals may be added for pick up and therefore I would suggest you review your agreement. If it is silent on these issues then I suggest each parent may select the daycare of... Read more »

1 Answer | Asked in Family Law for Florida on

Q: Visitation

My child support was established during my divorce in 2011 and during that time visitation we my ex husband is $12000 behind and doesn't follow through with it at all so I'm wanting to know what I can do

Gregory P. Farrar answered on Feb 28, 2017

You can file a motion for enforcement/contempt against him and seek sanctions incuingbsttirney fees and costs.

1 Answer | Asked in Family Law for Florida on

Q: My ex and child live in FL 3 hours away. I live in Louisiana. My ex plans to move to NC next year. What can I do now?

We have joint custody and I have around 130 overnights a year. What can I do now that I know she plans to move with my child 12 hours away?

Gregory P. Farrar answered on Feb 27, 2017

I would need to know what your judgment specified regarding the current legal custody of your child. If your order contains the requirements for the Florida Relocation Statute then she must provide you the written notice and you can object. Give us a call we offer a free consult.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on

Q: Can the mother of my child take him out of state without my permission?

I live in Florida, my child lives in Hendry county with his mother. I pay child support. I have never been arrested. The mother is currently threatening to take my son out of state to TN without my permission for and extended amount of time. This time is extremely important to me as well as my son.... Read more »

Gregory P. Farrar answered on Feb 22, 2017

If you have a court order which restricts the mother you may file a motion for injunction to prevent the removal of your child from the jurisdiction of the court.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: My daughter wants to move to Florida with 2 younger children, can she?

She is not married to children's father and he has a rap sheet 3-4 pages long. He is in and out of jail and also drinks a lot. She is struggling to pay her bills, which I have been paying half of them. I live in Florida and she and kids can live with me and she can get another job here. I am... Read more »

Gregory P. Farrar answered on Feb 22, 2017

I cannot give advise regarding this as it would be dependent upon the laws in the state of Colorado. I suggest you consult with an attorney who practices es family law in that state.

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2 Answers | Asked in Child Support, Divorce and Family Law for Florida on

Q: If I get remarried, will the joint income with my new wife alter my child support?

Gregory P. Farrar answered on Feb 21, 2017

No. The income of your new spouse should not be considered.

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3 Answers | Asked in Family Law for Florida on

Q: Does the biological father to my son have rights to him if he did not sign the birth certificate?

Like could he take my child without my permission. Also I gave him 2 months of chances to sign it but he refused.

Gregory P. Farrar answered on Feb 21, 2017

Until the father establishes his legal paternity and timesharing through a court order the mother is the presumptive legal custodian of the minor child.

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1 Answer | Asked in Family Law and Child Custody for Florida on

Q: How can I keep full rights to my son?

The biological father of my son (not on the birth certificate) is threatening to take me to court for visitation and over night visitation. My son is only a month old and the father only now wants to be a part of his life now that he is born. I do not feel comfortable with my son going anywhwere... Read more »

Gregory P. Farrar answered on Feb 20, 2017

Parents have constitutionally protected rights regarding their relationship with their children. Unless there is some legitimate reason to restrict the father's contact it is likely the father will be entitled to and should receive visitation including overnight visitation. However, when the... Read more »

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