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answered on Apr 23, 2011
Most Guardians are Attorneys and therefore a Bar Complaint can be filed for unethical conduct.
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
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.
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.
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.
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.
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 >?
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.
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.
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
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
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.
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
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... View More
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.
answered on Apr 23, 2011
No, Timesharing is the right of the other parent and not their significant other or their relatives.
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
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
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.
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.
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?
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.
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 ?
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.
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.
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.
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
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
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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