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Questions Answered by Kenneth Mitchell Kaplan
1 Answer | Asked in Family Law for New Jersey on
Q: Can anything be done about the Abuse by the Office of the PUBLICGuardians.??
Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

Most Guardians are Attorneys and therefore a Bar Complaint can be filed for unethical conduct.

1 Answer | Asked in Family Law for Florida on
Q: Where can i find my rights as a parent to protect my family from Florida's dcf agency.

I have been having people call in on me making false reports about me. D.C.F Has been to my house many times and closed the cases,but i am getting sick of always opening my doors because i have nothing to hide and I am an excellent mother whom loves my children dearly.I feel that by now D.C.F... View More

Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

That would definitely be a bad idea. Unfortunately, it is their job to investigate allegations of neglect, abandonment, and abuse. You can file a case with the State Attorney against any false complaints.

1 Answer | Asked in Family Law for Florida on
Q: How do you get help/services for a child in need of help due to mental and behavioral issues?
Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

You need to contact the department of children and families and advise that you have a child in need of services. Provide them with the necessary informations.

1 Answer | Asked in Family Law for Florida on
Q: Is a home or personal paternity test admissible in the Florida court system?

Do to the fact that my ex boyfriend got test results from a home paternity test which I believe shouldn't be admissible because there was no way of verifying the identity of the specimens.

Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

I would object to its admissibility, but i don't believe that many Judges would attach a large amount of probative value to a home paternity test. I would also file a Motion requesting a test to be performed at a licensed Paternity facility.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I have a 5 mth old baby we had 3 mnth his dad is my husbands counsin and a drug user do we have to give him back

His mother is in jail for domestic vilolence dad is on drugs we have had the baby for 3 months and he only asked to see him 2 times which we did allow we dont have any temporary custody on him but could we file for it and could we get it now he is wanting him back after 3 months >?

Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

The State of Florida has a statute which allows third persons to Petition the Court for Temporary Custody, if it would be dtrimental to return the minor child to their parents.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can a mom come from another state an take a child from the father,? Even though mom an dad weren't married. Dad is on bc

Dad is the legal father.an on the birthcertifict .mom let dad pick up child.An leave state with child.Dad has had child for 6months.Dad has video footage of possible neglect,an poor living conditions.And mom is living with a register sex offender.

Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

Dad needs tom file a Paternity suit and seek Emergency Injunctive reliuef to preclude child from being removed from the jurisdiction.

The State has jurisdiction due to child residing there for six (6)

months

1 Answer | Asked in Family Law for Florida on
Q: Can a judge remove a child and remove a parents ppr due to a childs violent behavior that is putting the parent in harm
Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

The parents have the right to request the assistance of the State of Florida for a child that is dangerous and unmanageable and an action can be brought in a juvenile proceeding for a child in need of services. the child can receive in home services or be palced by the State of Florida in an... View More

1 Answer | Asked in Family Law for Florida on
Q: What would be the cause for a psycological evaluation on a mother of three that has bipolar
Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

Requesting a psychological evaluation is an evidentiary matter and it would be necessary to provide evidence to the Court to demonstrate that the Mother's psychological condition interferes with her ability to parent effectively.

1 Answer | Asked in Family Law for Florida on
Q: What forms do I need to file to establish my fatherly parental rights if me and the mother were never married?

She plans to move my son out of state soon and need a protection order to prevent that. what form is that?

She is not a bad mother but is mentally unstable, what form would i fill out to have her mentally evaluated?

I am trying to get equal custody of my son if not full custody, what... View More

Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

You will need to file An Affidavit with the Putative Family Registry

acknowledging Paternity of the child. You will also have to submit an Affidavit of Paternity to the Office of Vital Statistics acknowledging Paternity. It is then necessary to file a Complaint to Determine Paternity and...
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1 Answer | Asked in Family Law for Florida on
Q: I have a baby with a man that i am not marry too and legaly still married how do i get his name on the birth certificat
Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

Your Husband is presumed to be the Biological Father of the minor child.

If he agrees and signs an Affidavit of Non-Paternity and the biological parent signs a Affidavit of Paternity, the name change can be done by the Consent of all parties involved.

1 Answer | Asked in Family Law for Florida on
Q: My ex is leaving the country for 7 months expects me to take the kids on his wknds to his wife of one month do I have t
Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

No, Timesharing is the right of the other parent and not their significant other or their relatives.

1 Answer | Asked in Family Law for Florida on
Q: A judge just told my daughter that "Grandparents don't have rights in the State of Florida." Is this true?
Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

Not exactly, the Statute allowing Grandparent Custody and Visitation Rights was abolished by the United States Supreme Court, butFlorida does have a Statute which allows third parties, such as Grandparents to Petition the Court for Temporary Custody in the event it can be determined that the... View More

1 Answer | Asked in Family Law for Florida on
Q: How likely will a judge grant relocation of me and my child if I have a job offer 83 miles away, but joint custody?
Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

Relocation cases are highly contested based upon the new Florida Statute. You must first establish that it is in the best interests of the minor child that you be allowed to relocate. The other party then has an opportunity to rebut your argument to show it is not in the best interests to allow a... View More

1 Answer | Asked in Family Law for Florida on
Q: If a person is not on the birth certificate and another man is and gave the baby his name do the first man pay support
Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

The Birth Certificate establishes who is the Legal Father of the child. It is not controlling in determining a child support obligation an adjudication of Paternity is necessary to determine an obligation to pay support and also to obtain rights to timesharing and parental responsibilities.

1 Answer | Asked in Family Law and Divorce for Florida on
Q: How do I make legal in the state of Florida a divorce decree from Bolivia for a case in court.
Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

It is necessary to file a Petition to Domesticate a Foreign Judgment from a Foreign jurisdiction. You will need a Certified Copy of the Final Judgment and a Certified translation of the document from Spanish to English.

1 Answer | Asked in Family Law for Florida on
Q: Do you have to respond within 20 days and what if you dont?

My ex was served with child support/custody papers (my daughter has been living with me) and no response was filed within 20 days but the judge has been hearing motiions from and giving legal advice to opposing council. Why was the 20 day rule not enforced?

Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

You must submit a Motion for Default Judgment and submit a Non-Military Affidavit to the Court. A Default will allow you to proceed to Court as an uncontested matter.

1 Answer | Asked in Family Law for Florida on
Q: My brother past away and his daughter has moved in with me {14yrs.old}they lived in oregon I live another state I want

To get guardianship her stepmother wants nothing to do with her what do I do? I also need to get legal repersentation for her to protect her interest in my brothers estate and I do not have the funds to hire a lawyer what can I do ?

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 23, 2011

You have the right to Petition for Guardianship of the minor child, because she is living with you. It will be necessary to Petition the Court to open an Estate on behalf of his daughter who is his legal heir.

1 Answer | Asked in Family Law for Florida on
Q: What are floridas adoption dissolution laws
Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

Florida Statute 63 is Florida Adoption Laws and can be found online. The Dissolution of Marriage Laws are under Florida Statute 61.

1 Answer | Asked in Family Law for Florida on
Q: What would be classified "extraordinary repair(s)" to a home?

Parties in a divorce are obligated to split 50/50 any "extraordinary repair" over $350. I am thinking "extraordinary" would mean any repair that is unforeseen. Example: hurricane damage, damage caused by burst pipe, etc.

Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 23, 2011

The $350.00 is used to define extraordinary repairs. It is based upon the cost of the repair, so that no repair work can be done without the other parties' approval based upon the fact that this cost is shared. If the other party is not in Agreement then the party performing the repair in... View More

1 Answer | Asked in Family Law for Florida on
Q: I need a pro bono atty in polk county fl and i cant find anyone that will call me back i have to respond to a petition

Childrens father manipulating system to gain custody of our children by use of dcf. with a history of domestic violence as well as drug related charges against him i am still somehow loosing this case i have only 13 days to respond to his petition and cant get anyone to help me pro bono or reduced... View More

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 23, 2011

It is necessary to contact the Florida Bar in order to request a Pro Bono Attorney. Florida lawyers are required to perform Pro Bono hours and report to the Bar annually. Another alternative is to contact Legal Aid and apply for a low cost attorney.

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