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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Child Custody for Florida on
Q: After Florida domesticates a custody from Texas, which states statutes does Florida follow for modification?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 27, 2020

Generally, the Texas courts would retain exclusive jurisdiction over any modification, unless it is determined that the Florida court would be a more convenient forum. See the Uniform Child Custody Jurisdiction and Enforcement Act, which is the law in both jurisdictions:... Read more »

3 Answers | Asked in Contracts for Florida on
Q: Are non-compete agreements enforceable in an at-will or right-to-work state, specifically Florida?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 27, 2020

The fact that Florida and other southern states have "right to work" laws (organized labor laws prohibiting "union shops") has nothing to do with non-competition agreements. Similarly, the fact that employment in most or all states is "at will" (employers can, with... Read more »

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1 Answer | Asked in Child Custody and Divorce for Florida on
Q: Can my legal husband try to claim rights to a baby that is not his?

I am still legally married to my husband but we have been separated for a year and both have new lives. I am currently pregnant with my boyfriends child but because my soon to be ex husband is so spiteful he is trying to claim paternity of the unborn child through “marriage” and force me to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2020

The law presumes that a baby born to a wife is the child of the husband. So yes, he can make that claim. Request a DNA test.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Does a "perpetual easement," quoting from the document in hand, transfer to new owners?

It's simply worded as stated. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2020

Usually, yes.

1 Answer | Asked in Criminal Law for Florida on
Q: Is a search warrant valid if the person doesn't live at the address given on the warrant? Technically he's homeless.

Jacksonville Florida is where this happened and he was accused of armed robbery but did not live with me was not on my lease and my name wasn't on the warrant either. They said they had probable cause but I'm not sure they did I'm looking into that. There are inconsistentcies on the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 25, 2020

The warrant should specify the place to be searched. If that place is your address, they can search there.

1 Answer | Asked in Small Claims for Florida on
Q: My mom got a car loan under her name for a vehicle for me, i paid every month for the vehicle and paid it off, my mother

Is demanding the car back, claiming that since the cars title is on her name still she rightfully owns it.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2020

Hopefully you have a written contract with her. If not, you might have problems.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Can this townhouse association build on my land?

So I'm buying this lot that is in a townhouse community. It is privately owned not by association. I called them up and they are planning on finishing devlopment once covid is over. But I would like to know, if they are allowed to build on my lot because it is in their community. But I do own... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2020

No, they can't build a house on your lot. You better ask them how they think they can do that. Perhaps you really don't own the lot; I suggest you run it by an attorney.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Is it legal to sell a house in FL and not disclose that it a septic system home??

I lived in Maryland and bought a house in Fl. When we got here in January 2020 it took til May to find out the house had a septic system. We never had it inspected because it wasn’t disclosed to buying Realator.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2020

So you didn't bother to ask, and now you want to cancel the sale or seek damages (if any)? No, I don't think you can do that.

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Florida on
Q: Can I block legally from my bf returning to residence after playing music n bar as I am high risk in virus?

I want to legally block my bf from returning to our shared residence after playing music in bar as I am high risk in contracting coronavirus & he REFUSES to agree to go elsewhere after playing to change clothes, shower & take all exposed equipment (he has a “following “ of people known... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 22, 2020

it's his as much as it is yours. So your best bet is to find another place to live.

1 Answer | Asked in Small Claims for Florida on
Q: US Code 38 chapter 5301 (a). Veterans rights against creditor claims & judgements.

Morning, I have Jefferson Capitol Systems, original creditor, and xxx attorneys for plaintiff still pushing for a garnishment and or judgement against me regarding an old bill from 2016. Oct 29th I have a pre trial court date via zoom. I have submitted to court, a petition added to my case on... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 21, 2020

Whether your assets are exempt from execution is one issue; whether a judgment against you is quite another. The purpose of the pretrial conference on the 29th is to determine whether you owe the money and whether a judgment should enter. Only after that happens, and the judgment creditor tries... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Can the seller of a home cancel signed contract by both parties after discovering buyer was a sex offender

Seller went online and looked up buyers after signing contract for sale of her home. Discovering buyer was convicted of a sex offense in 1994 seller no longer wants to honor contract. Does buyer have any legal recourse?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 20, 2020

No, I doubt that the seller can get away with trying to cancel the contract. What does the buyer's past have to do with whether the contract is enforceable?

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: What should I do?

I paid an attorney to file my dad’s will and he didn’t. I am now being sued for his debts and I’m not named on the will. I know who the beneficiaries are and they are hiding their copy of the will so that my siblings and I are held responsible even though our dad abandoned us years ago and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 19, 2020

Why are you being sued for your father's debts; did you co-sign with him? And the beneficiaries named in your father's will are not liable either, except to the extent that they received distributions under the will. And, finally, what did you expect to accomplish by having an attorney... Read more »

1 Answer | Asked in Traffic Tickets for Florida on
Q: For OCGA 40-6-189 does this apply only to Georgia or nation wide suspension of driving privileges
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 19, 2020

If your driver's license is suspended in Georgia (I assume OCGA 40-6-189 is a reference to a Georgia statute), you basically aren't allowed to drive in any state.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: I rented a house with a shared yard and the owner has a 145 lb viscous dog and thinks my dog has to stay inside , legal?

It is a shared tard

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 18, 2020

I assume that the owner of the dog is your landlord. The lease should provide rules for how the yard is to be shared and, assuming the lease allows dogs, how sharing is to work with dogs. If it doesn't, and the dogs can't get along, you may have grounds to break the lease.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Are text messages considered 30 day notice or does it need to be on paper?

Our lease will be up march 2021. We have a written lease. My landlord just text me advising we have 30 days to move out. When i told her i jus paid rent and to give me 60 days or return my rent she said "you have 30 days. Read your lease" in my lease it states and i quote "11. Upon... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 18, 2020

Yes, I suspect that a judge would find that a message by text qualifies as written notice.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: A New neighbors dog got out and ran in my home and attacked me causing me to fall hurting myself. The dog is on camera

Police were called, not helpful. Can I go to Doctor are they liable

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 18, 2020

Of course you can seek medical attention. They are probably liable; ask them to notify their insurance company.

2 Answers | Asked in Tax Law for Florida on
Q: Who pays the sales tax on the sale of a motor vehicle by a private individual to a dealer which is out of state?

Seller lives in Florida.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 18, 2020

I don't think the question is sufficiently clear as to where the sale occurred. If negotiation of the terms, and delivery, occurred outside of Florida, I believe the transaction isn't subject to Florida sales taxes.

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1 Answer | Asked in Criminal Law for Florida on
Q: Hello so I sent my daughters father to jail and he listed for his attorneys that my address when he was arrested.

I keep getting his mail and he's never lived here. I'm getting g his public defenders letters

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 16, 2020

Call the public defender and explain the situation.

1 Answer | Asked in Car Accidents for Florida on
Q: i need information on a hit and run accident .the other car had minor damage. unintentional accident

what kind of lawyer i need for the court hearing

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 16, 2020

I assume you were charged with leaving the scene of the accident. You need an attorney who has experience in criminal law.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I have asked for a written lease agreement from our landlord since we moved in. She never d it d a walk thru with us to

The landlord never did a walk thru with us prior to moving in. Sh I just handed us the keys after our verbal agreement was made. We communicated the repairs we had to bbn make due to the condition the house was left in by the previous tenant. These repairs ranged from repairs to doors inside from... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 16, 2020

No, you don't have any right to purchase the property; such an agreement would have to be in writing.

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