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Questions Answered by Kenneth Mitchell Kaplan
1 Answer | Asked in Family Law for Florida on
Q: I am 18 and had sex with a 16 year old. she concented to it and everything, but can her parents charge me with anyhting?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 23, 2011

The State Attorney is the only entity that can charge you with a crime, not the child's parents and it is unlikely that you would be charged with a lewd and lascivious act upon a conenting sixteen year old.

1 Answer | Asked in Family Law for Florida on
Q: Can the state of North Carolina charge my stepmother for childsupport of my deceased father?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 23, 2011

A Stepmother has no legal obligation to take responsibility for a child support obligation of a child that is not her child.

1 Answer | Asked in Family Law for Florida on
Q: Can my 17 year old get emancipated with out consent of a parent? reason being she isnt wanting to follow house rules
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 23, 2011

Yes, a seventeen year old can file a Petition for Emancipation, but if the parents object it is likely that the Emancipation will be denied. An individual cannot Petition for Emancipation based upon not following house rules. It is necessary to demonstraste that the minor is self sufficient and... View More

1 Answer | Asked in Family Law for Florida on
Q: Will an Order of temp custody of minor child by extended family member be valid when biological parents are deceased?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 23, 2011

Yes, there are Statutes which allow Custody of Children on a Temporary basis by extended Family, even if the Parents are alive and pose a detriment to their children. Extended Family Members can definitely file a Petition for Custody or Guardianship over their relatives.

1 Answer | Asked in Family Law for Florida on
Q: Can a 16 year old stay alone w/ her 12 year old sister all week. The 12 year old is home schooled and is alone
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 23, 2011

There is no age limit for children to babysit for another child. Sixteen is an appropriate age to watch a sibling.

2 Answers | Asked in Family Law for Florida on
Q: Can paternity test on child from different relationship and sperm count be used as evidence against paternity?

I am 24 year, and my ex-boyfriend is 42 years old. I had a affair with a 44 year old while on vacation returned home and one thing lead to another and ended up having sex with the both within the conception week. After delivery of our 6 month old me and 42 year old ex had paternity test through... View More

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Sperm count does not determine Paternity. A home Paternity test kit will not be accepted as evidence of a positive or negative DNA test. It is necessary to have a licensed lab conduct a second Paternity test to either preclude or establish Paternity.

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1 Answer | Asked in Family Law for Florida on
Q: What options do I have from here? What is the best course of action to take?

I filed a motion on a adjudicated divorce case, the motion was specific to the fraud committed upon the court invalided the entire adjudication process having relied entirely on factious documents and false information in all of the courts decisions made while rendering each and every judgment.... View More

Kenneth Mitchell Kaplan
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Kenneth Mitchell Kaplan
answered on Apr 22, 2011

The issue of Fraud upon the Court can be addressed at any time without limitation of the rules of procedure, however, it is extremely difficult to establish this particular form of fraud.

1 Answer | Asked in Family Law for Florida on
Q: My child is out-of-control on drugs. Can I get an Exparte Order?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

It is necessary to file a Marchment Act Petition in order to obtain an Ex Parte Order to have the child in a facility for drug treatment.

1 Answer | Asked in Family Law for Florida on
Q: Can a judge lawfully make a judgement without evidence that a person prevented another person from acting as the father?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Judges are required to weigh evidence prior to entering judgments.

1 Answer | Asked in Family Law for Florida on
Q: Where do I obtain a valid domestic partnership form for proof so that health benefits won't be taken away.

Have been paying for health benefits for 4 months on my boyfriend of 10 years. They are claiming at my work that I must get a form that is valid for the county of Pinellas in Fl. I can't find a free form to print out. Any suggestions?

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

I do not think the State of Florida recognizes Civil Unions or Domestic Partnerships. There are only a few states in the country like Vermont that recognize Civil Unions and Domestic Partnerships.

1 Answer | Asked in Family Law for Florida on
Q: How do I file motion to object to annual accounting of a minor guardianship (Florida)???
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

You can seek a waiver of the filing requirement if the minor has no income or receives social security benefits.

1 Answer | Asked in Domestic Violence for Florida on
Q: I had a false domestic violence report filed against me? this never happened. what do i do?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

It is a criminal act to file a false report on domestic violence, however, it is unlikely that the State Attorney would prosecute the case.

1 Answer | Asked in Child Support for Florida on
Q: Re: Florida Child support arrears interest

Re: Florida Child Support arrears: Can anyone help me relevant to Fl Statute 409.2584, which states that the DOR can waive interest if it will facilitate the collection of arrears? I currently owe only interest, but don't know where to file/contact DOR? I can only find county addresses. Also... View More

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

I would have an attorney contact the Department of Revenue and offer to make a lump sum payment towards the existing balance on the interest as payment in full.

1 Answer | Asked in Family Law for Florida on
Q: What is the law regarding reporting child abuse in florida
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

The law is if your a mandatory reporter such as a doctor, lawyer, judge, social worker, and teacher, you are required to report incidents of child abuse, abandonment, and neglect.

1 Answer | Asked in Family Law for Florida on
Q: My son is on probation for a felony aggravated assalt charge. Can he get a passport?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

No. he can not because he is a felon.

1 Answer | Asked in Family Law for Florida on
Q: Can I issue A WRIT OF ATTACHMENT FOR CHILD SUPPORT OWED ?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

You can request a Writ Of Bodily Attachment for contempt for non-payment of child support as a sanction.

1 Answer | Asked in Family Law for Florida on
Q: Where can I get free or low cost attorney assistance for a child custody case in Tampa Bay FL. I fear losing my kids.

My ex husband and I have joint custody. He has been taking our young children to a therapist lately.I questioned my son about what he tells the therapist. He tells me he has to say I beat him. I have never done this. I fear my ex husband is getting his ducks in a row to sue for full custody. He can... View More

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Contact the Florida Bar and request a referral

for a Pro Bono Attorney or apply to Legal Aid

for a low cost Attorney

1 Answer | Asked in Family Law for Florida on
Q: I have the sole custody of my son and I want to change his last name to my husbands last name how can I do that?
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

File a Petition for name change, not required to have consent of other parent because you have soul custody.

1 Answer | Asked in Divorce for Florida on
Q: I settled for a alimonyy agreement to my x-wife prior to being awarded all of my pay from the military and SSN as

Disability payents. I d not think she is entitled to any of this money as part an alimony payment. I ams eeking further guidance on any actions I take. My investigations seems to say that disability pay cannot support any alimony payment. I would like a consoltation please.

Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

No person should be entitled to alimony because alimony is based upon need and ability to pay. Someone on social security does not have the ability to pay alimony because they are disability benefits.

2 Answers | Asked in Divorce for Florida on
Q: What is it called when a lawyers badgers or overwhelms a pro se defendant in a florida divorce case in Lee County Fl
Kenneth Mitchell Kaplan
PREMIUM
Kenneth Mitchell Kaplan
answered on Apr 22, 2011

Harassment, and you can't badger a witness, the pro se litigant needs to object to the attorney's behavior.

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