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Questions Answered by Gregory P. Farrar
1 Answer | Asked in Family Law for Florida on
Q: My daughter and her children live with us. Do I have to let their father see them if she is not home?
Gregory P. Farrar
Gregory P. Farrar 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... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can i move? Staying withing 50 miles of my last residance, and no permenant parenting plan.

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... Read more »

Gregory P. Farrar
Gregory P. Farrar 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.

2 Answers | Asked in Personal Injury, Criminal Law and Juvenile Law for Florida on
Q: A bite from a 10 year old boy to another 10 year old boy considered battery in the state of Florida?
Gregory P. Farrar
Gregory P. Farrar 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.

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: My son is turning 21 in April and I obtained an order of Abatement in Kissimmee, Florida. However,there is an arreage

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... Read more »

Gregory P. Farrar
Gregory P. Farrar 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.

1 Answer | Asked in Civil Litigation, Divorce, Family Law and Tax Law for Florida on
Q: Is it legal for me to use joint tax return to hire an attorney?

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... Read more »

Gregory P. Farrar
Gregory P. Farrar 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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: I pay child support for two teenagers, they recently moved in with me with their mother's blessing. Still have to pay?

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?

Gregory P. Farrar
Gregory P. Farrar 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.

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Can you still sue if Dr. kills himself?

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... Read more »

Gregory P. Farrar
Gregory P. Farrar 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....
Read more »

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1 Answer | Asked in Family Law for Florida on
Q: I live in Florida, my kids are 17 and 15 they no longer wish to visit with me. I'm the non custodial parent can I move

I wish to move out of state

Gregory P. Farrar
Gregory P. Farrar 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.

1 Answer | Asked in Arbitration / Mediation Law for Florida on
Q: I've heard that arbitration clauses unfairly benefit the company requesting them (like a nursing home). Is there any

truth to that claim?

Gregory P. Farrar
Gregory P. Farrar 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.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Hello and thanks for taking my question. I am the non-custodial parent who is paying 650 a month. I'm behind we were

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?

Gregory P. Farrar
Gregory P. Farrar 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.

1 Answer | Asked in Contracts, Criminal Law and Family Law for Florida on
Q: Does the filing of an extra-record unauthorized purported partial marital agreement constitute criminal contempt

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... Read more »

Gregory P. Farrar
Gregory P. Farrar 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.

3 Answers | Asked in Estate Planning, Family Law and Elder Law for Florida on
Q: My Mom past October 2015.. With no Will. Now her Hubby (2nd) found lost will.

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... Read more »

Gregory P. Farrar
Gregory P. Farrar 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... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: just found out I have 3year old son.i leave incarceration in 4 months.she lied and said had miscarriage before I went in

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

Gregory P. Farrar
Gregory P. Farrar 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... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Can I be held in contempt if I start making payments?

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... Read more »

Gregory P. Farrar
Gregory P. Farrar 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...
Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My husband requested a modification the beginning of Dec2016. In January we received notification of a hearing.

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?

Gregory P. Farrar
Gregory P. Farrar 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.

3 Answers | Asked in Personal Injury for Florida on
Q: Am I required to answer all of the questions at a deposition after my car accident? I was not at fault.
Gregory P. Farrar
Gregory P. Farrar 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.... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Ex filed certificate of mandatory disclosure. No information was received by me. Certificate indicates completion

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... Read more »

Gregory P. Farrar
Gregory P. Farrar 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... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My son is planning to marry a woman with substantial medical debt. Will a prenup protect him? State of FL
Gregory P. Farrar
Gregory P. Farrar 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... Read more »

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