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answered on Feb 19, 2017
If the father has established his legal rights and has court ordered timesharing you should not interfere with a court order. If his paternity has bit been legally established and the father was not married to the mother at the childs birth then the fathers contact wouldbe at your and your... View More 
My son is 3. Never married to his father. He filed for full custody last march, we agreed to suspend pending an agreed upon a full parenting plan. We havent come to an agreement. I want a FULL plan, he is only interested in a time plan. I digress, i want to move to a better school district this... View More
answered on Feb 19, 2017
Check out the relocation statute 61.13001. Since you are still in the midst of litigation you should consult an attorney to discuss strategies and ways to accomplish your ultimate goals regarding a parenting plan with the father.
answered on Feb 18, 2017
Yes that is a battery. Depending upon the severity and location and the circumstances regarding the perpetrators supervision this may be redressed brought civil remedy.
Of $6,900.00 based on my non payments in the summer stays as my ex wife refused to make 75% repayments over the summer stays as of the court order and order of contempt. I've filed a motion to adjust and credit the arreage balance to offset to close with DOR, and cited appellate cases. Are... View More
answered on Feb 17, 2017
If your court order specified credit or rebate during the summer months you had the children the court should consider this. Certainly appears to have some likelihood of success.
I have twice requested attys fees and twice have been told i must have an atty to request attys fees. I cannot afford the retainer required by attys to hire one to ask the court if I may be awarded fees.
H filed petition in July of '15 stating he could not afford an atty. I... View More
answered on Feb 17, 2017
Most jurisdictions enter pre-trial orders which must be abided by please check to see if one has been entered in your case. If there is no court order restricting you then it is very common to utilize a refund to pay your attorney . Also, you must not commit any fraudulent act such as signing your... View More
Paying $1400 a month, 2 teenage boys. Can I ask her to sign a normal piece of paper stating long as they live with me, I don't have to pay and will that hold up in a court of law. Or maybe an email from her? What is my best course of action?
answered on Feb 16, 2017
You should prepare a stipulated motion and order modifying the child support and timesharing plan and file it with the court. I recommend you have an attorney prepare the necessary paperwork.
My daughter is in the process of filing a suit against a Dr. who botched spinal surgery. After another Dr. in his practice attempted to fix his mistakes (as best he could), the original Dr. was fired from this practice. He found a new job in another town, same state. We just got word today that he... View More
answered on Feb 15, 2017
Medical malpractice cases can be pursued against the estate of the Dr..
There is a short statute of limitations --2years for med mal from the date the injury occurred and you must find an independent and qualified doctor who will state a breach in the standard of care has occurred.... View More
I wish to move out of state
answered on Feb 15, 2017
The short answer is yes you can move. You should notify the other parent of your new address and indicate how that may impact your contact with your kids.
truth to that claim?
answered on Feb 14, 2017
Arbitration clauses do favor the company by allowing them to choose the forum and the process to settle controversies. It denies the other party use of the jurisdictional legal system and denies them of their right to a jury trial.
trying to establish paternity. She is currently in a relationship but is not married. I wanted to claim my son on my income tax but she will not allow me Instead, she has allowed her partner. Can this be done?
answered on Feb 13, 2017
If their is no court order specifying your right to claim the deduction it then often times falls by default to the custodian and or members of her household. According to the IRS rules the parent who provides more than 50% of the support should be the one to claim the deduction.
The defendants filed as Exhibit in support to their pleadings an inauthentic, unauthorized by me and court, and uncertified by the circuit clerk record custodial, a purported translation of an illegible handwritten document ( a purported partial marital agreement which could not be read by the... View More
answered on Feb 13, 2017
The appropriate civil response will be a motion to strike the document. You must refer this matter to the state attorneys office regarding any criminal action. I am not oh where any potential criminal violation due to this action however, I am not a state attorney.
It states everything Home and other monies are left to him. We, her 5 kids know she would not have done this. Seeing as the home they were living in was paid for by her and my Father. During their marriage she didn't add his name onto the Deed of the Home. They did take a loan out to pay for... View More
answered on Feb 13, 2017
In order to probate your mother's estate there must be a probate initiated in the circuit court where your mother passed away. Initially if you filed without a will which is called intestate and then a subsequent will is filed as may have occurred in this case, the appropriate remedy would... View More
somebody please help me.she doesn't know that I know and I have no idea what to do I want my son I want to be in his life I have no idea where to even start
answered on Feb 11, 2017
We --the state of Florida --have a putative father registry which will allow you to register your possible paternity and preserve your possible legal rights once you are released. If the mother has taken action-such as an adoption or paternity has been established prior to your registration it... View More
I have a case dating back to 2009. I have received little to no information from the DOR. Including payment requests, past due notices, and pending hearings. I have lived at the same address for over 7 years. Per the clerks website just as recent as 8 months ago the case was dismissed for lack of... View More
answered on Feb 11, 2017
No you cannot be held in contempt if you start making payments. It may trigger some department review and cause them to look harder. Blood in the water usually attracts the sharks---not to say that DOR are sharks but...
I suggest you consult an attorney to get more specific advise and... View More
At the admistrative hearing which was to permit the state to enforce the support order the DOR attorney threatened to file a contempt motion. Can my husband be held in contempt if there is a proposed modification being sent out?
answered on Feb 11, 2017
Until your modification is granted the last court order is an enforceable order and contempt may be sought. Inability to pay may constitute a defense.
answered on Feb 10, 2017
If you have been subpoenaed for a deposition you must respond to any questions. If there is a criminal charge pending against you you may assert your 5th amendment right against self incrimination. I suggest you seek legal advice specific to your situation as this can impact your interests.... View More
He checked off a few items, indicating completion, wrote "N/A" on other items, and left a few items blank. The items left blank are most important. Can I treat these blank items as noncompliance? I'm filing a motion to compel this week. I have filed two good faith request for... View More
answered on Feb 10, 2017
The appropriate pleading to address this issue is a motion to compel. If your husband continues to refuse to abide by the court orders the court may enter sanctions against him including attorney fees and costs and potentially may be incarcerated until he complies. We offer a free initial... View More
answered on Feb 10, 2017
Yes. Even without a prenuptial agreement so long as your son does not cosign or otherwise obligate himself to the creditor neither spouse is automatically liable for the others premarital debt. I do recommend a prenuptial agreement merely to make it crystal clear where each party stands... View More
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