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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Adoption for Florida on
Q: Is it legal for Drs offices to demand court records years after adoption.

Our adoption was finalized in 2013. New birth certificate, name change, social security updated etc. Case is closed we are legally her parents. Last new patient apt we walked away from after the nurse demanded the final court order Wich I don't carry and it's the only time iv ever been... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 8, 2020

They ask this, evidently, because the information is needed to properly treat the child. Some diseases are genetic, and it makes sense that they would ask for information about the biological parents. Note that the HIPAA rules would probably require your consent to actually tell the biological... Read more »

2 Answers | Asked in Family Law and Child Support for Florida on
Q: Son relocated long distance to live with me. I'm waiting on a hearing for the cs modification. Do I have to pay cs?

Background:

- Petition for cs modification filed (pro se) in May.

- Mother defaulted in June, petition filed and granted.

- The proposed consent order for timeshare was signed by both parties and was filed in July; currently waiting for Judge to sign. (It is the exact... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 8, 2020

Consider paying the CS into escrow or depositing it with the court. If she pursues enforcement explain this to CS enforcement.

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2 Answers | Asked in Construction Law and Contracts for Florida on
Q: Can I talk to the General Contractor? New home builder contract says all construction questions must be at Sales Office

OK

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 8, 2020

Wouldn't hurt to try. Doing so wouldn't constitute a breach of contract, if that's what you're wondering.

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1 Answer | Asked in Traffic Tickets for Florida on
Q: I have 7 traffic tickets and just got another one for speeding. This is the only one in the past year. What should I do?

Last year I only had one as well.I was not driving recklessly I just didn't notice I was speeding because the road was empty.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 7, 2020

Remove the lead from your foot and consider using cruise control.

2 Answers | Asked in Family Law for Florida on
Q: HOW STRICT ARE THE FLORIDA RULES FOR FLORIDA CONSTRUCTIVE SERVICE / SERVICE BY PUBLICATION?

I was served by publication in a Family Court proceeding and the Petitioner prevailed by Default Judgement. However, the Petitioner's notarized signature nor the last name match the legal name or initial on the FL ID. For example: the person's name is "Amy Smith Jones" (First,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 7, 2020

Service by publication is when notice of the lawsuit is published in a newspaper. So notarization doesn't appear to have anything to do with it, except perhaps the affidavit of publication.

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2 Answers | Asked in Legal Malpractice, Contracts, Identity Theft and White Collar Crime for Florida on
Q: USING A HYPHENATED NAME ON A NOTARIZED DOCUMENT: THE NAME CHANGE GAME - TRICKERY TO AVOID LEGAL LIABILITY

Someone has been financially gaining by using a different name on documentation which has been notarized (as required to be valid and binding) but, the name does not match the legal name or initial on the FL ID. For example: the person's name is "Tom Smith Jones" (First, Middle and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 7, 2020

You asked a similar question, which I just answered, having to do with service by publication. If the bonding company is refusing to honor the bond, prove that the same person signed it by deposing the notary, if necessary.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: if a lawyer chooses to take depositions does the opposing Lawyer need to take their Depositions or can they refuse

in a child custody case

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 7, 2020

I have no idea what you mean by "their" and "they", but no, the opposing attorney isn't required to take depositions if he or she doesn't think doing so is necessary.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: As a landlord in Orlando, Florida who is renting a unit. Can I require the tenant to muzzle their pit bull when outside?

My tenant brought in a dog we had agreed to with an increase of rent and the condition that it be muzzled for the protection of others. She is now refusing. Can I require her to do so and take another actions?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 6, 2020

Probably, assuming that the lease was properly modified to that effect, in a writing signed by both parties.

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Florida on
Q: If someone signs a JV contract with an LLC name that has not been filed, can I void it?

A joint venture contract was signed and the other person put a name of an LLC that was not filed until the following day, it showed up officially about 5 days later on sunbiz.org. I want to know if I can claim this contract void if the day of signing the agreement, their LLC did no exist.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 6, 2020

No, the filing on Sunbiz relates back so as to ratify the contract.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How to I pick up my child from a grandparent who refuses to give me her. I have legal custody

My mom was watching my child when I was in fire school. Now my mom is refusing to give me my child back and I have full custody. Sheriffs wont force get to give her back to me. I was served papers from my mom's lawer filing for temporary custody. I can't afford $5000 for a lawer and want... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 6, 2020

Was there a previous case in Georgia or elsewhere giving you full custody? If so, the Florida courts don't have jurisdiction to award custody to your mother. File something in the (Florida, I assume) case filed by your mother explaining the situation.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Dear Lawyer! Our landlady emailed us that she changed our apt lock and we need to schedule an appointment to enter.

We are currently outside US and we received this news without stating any reason for the lock change. Also she said she will let us into our properly paid apt only during office hours and after a personal appointment (during pandemics!). We live in South Miami, Florida; international students from... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 6, 2020

The easiest solution would be to schedule the appointment.

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1 Answer | Asked in Estate Planning for Florida on
Q: Can an executor coerce beneficiaries into signing a will?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 5, 2020

The question makes no sense at all. Beneficiaries don't sign a will, the testator does.

1 Answer | Asked in Education Law for Florida on
Q: I just found out that my son is required to take a semester of LGBTQ History in High School.

What can I do to get my student out of taking that class? I don’t care if people want to live in sin but being forced to take a sexual preference choice as history I don’t agree with and it’s against our beliefs.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 5, 2020

You can protest to the school &/or the school board. If the school board won't listen to them, work to get the school board members replaced in the next election. Or you can transfer him to another school.

1 Answer | Asked in Tax Law for Florida on
Q: If I quitclaim an investment property (house) to a friend, do I avoid paying capital gains and recapture taxes on it?

Does the capital gain and recapture taxes transfer to the new owner?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 5, 2020

No, you pay taxes on your capital gain when you dispose of it, even if you give it away. The new owner's basis would be zero, assuming that by "quitclaim … to a friend", you mean that the friend gets it for free.

2 Answers | Asked in Civil Rights, Election Law, Gov & Administrative Law and Public Benefits for Florida on
Q: DMV says I need a birth certificate to get photo ID, DOH says I need photo ID for birth certificate. What should I do?

My driver's license is expired. I tried renewing online and was told I needed to show a copy of my birth certificate. I do not have a "valid" copy of a birth certificate. For those who are not aware, the Florida DMV is currently in the same state of collapse as most of their other... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Are you indicating that you have neither? How old are you?

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1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: My divorce settlement agreement says: "the condo unit shall be wife's sole property free and clear of any claim by Hus"

When I sold it I had to pay husband's judgment liens that attached to his share. Does husband owe me the money I paid due to his breach of the settlement agreement?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Probably. Have your attorney review the settlement agreement.

1 Answer | Asked in Elder Law for Florida on
Q: My fathers wife just passed away. Her son took guardianship from my Father because she had dementia and was in a home.

When the son filled out the death certificate, he stated she was a widow and did not put my fathers name as spouse and did not inform him of his wife’s death. Is there anything we can do to fix this? My father would like to know her cause of death.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Apply to the Florida Department of Health for a death certificate showing the cause of death. Your father can qualify for one that shows the cause of death, if he provides sufficient proof that she was his wife. The form can be accessed here:... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Can I have legal representation assist in my divorce if I live in FL, and ex is in Indiana where he filed?

I need help with my divorce. My ex moved out of state to Indiana with our daughter without my permission, and I'm in FL. Juristiction issues ........

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

If the child was removed from this state and has been in Indiana for less than six months, jurisdiction would be in Florida. But you will probably need an Indiana attorney as well as a Florida one.

2 Answers | Asked in Civil Litigation for Florida on
Q: Can someone that is 21 but has been declared to have a mind of a 15 year old be supplied or asked to purchase alcohol

I have asked a lawyer before about my situation

Im dating someone who is about to turn 22. I am in my 40s. Her family is against the relationship and keep threatening with attorneys and having me arrested. I need to know what we can do. The mother has supplied her with alcohol on several... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Supplying alcohol to someone over the age of 21 is not prohibited, whatever that person's intelligence.

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3 Answers | Asked in Bankruptcy for Florida on
Q: Hi If we purchased furniture and appliances on credit about 10 months ago, could it be repossessed in a chapter 7 ?

Also I have a car that is paid off and pretty new.

Since I don’t have a loan on it anymore can they take that as well? The car is under my name and my moms?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2020

Retail dealers of furniture and appliances seldom perfect security interests in such property. If, by chance, they did, you might have a problem. And you might have to pay for the value of the car that exceeds Florida's automobile exemption amount ($1,000).

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