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Questions Answered by Oxalis Bianca Garcia
1 Answer | Asked in Immigration Law for Florida on
Q: is there anyway my dad wont be sent back to ice ?

"my dad got arrested by ice was charged with iligall reentry and sent to federal prison after he got done with federal prison immigration was suppost to pick him up but they never did so he came home ,he has one year of probation is there anyway he wont be sent back to immigration if he is fighting... Read more »

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 20, 2015

It is hard to say, however if he wins his asylum claim then he will not be deported.

2 Answers | Asked in Family Law for Florida on
Q: My son's dad is telling me hes signing his rights over so he doesn't have to pay child support ..can he do that ?

Do we both have to agree

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 20, 2015

Technically yes, he can voluntarily terminate his parental rights, however a court case would have to be initiated to request this relief. Normally the other party is the one that initiates such a case.

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2 Answers | Asked in Family Law for Florida on
Q: My Daughter is 2, her mom and I lived together until 6 months ago. She applied for Assistance, now I owe back CS.

We were both paying the bills when living together. So we were both supporting my daughter. Why do I owe back child support? Can I get it removed?

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 20, 2015

Did you attend the final hearing???? Usually at the final hearing you would testify that you supported your daughter until 6 months ago. If after separation you failed to provide monetary support for your daughter or any other type of support (i.e. buying clothes, food, diapers, etc) or failed to... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: My divorce states I pay half of agreed upon activities. She didn't ask me about sign up, do I still pay 1/2? Florida res
Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 20, 2015

In short no, if it is specifically indicated that you are responsible for / of agreed activities and you did not agree (for whatever the reason) then you are not responsible for half. Just make sure to state so in your replay to her if she request / of the payment.

1 Answer | Asked in Immigration Law for Florida on
Q: Do I can travel after I apply for the citizen shipp?
Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 20, 2015

Citizenship or Visa??? If you've applied for citizenship and already have your visa, as long as you follow the proper channels to request permission to travel you should not have any issues.

1 Answer | Asked in Immigration Law for Florida on
Q: How Long will I-130 and I-485 take for children?

So, I have had a greencard for over 2 years. I am married to an American Citizen.

My childern from my previous marriage are 11 and 12. They have been in the USA since they were 5 and 6.

My wife has just filed the I-130 and the I-485 for them both, to get them their green... Read more »

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 20, 2015

Once the documents are completed and submitted to Immigration, it will depend entirely on them the length of time it will take them to process the same.

So there really is no time certain on the length of time it takes to get their cards.

1 Answer | Asked in Immigration Law for Florida on
Q: I am married to a us citizen for 5 years but we are now separated can i still file for my green card
Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 20, 2015

Depends, but more than likely yes, you would be able to apply

1 Answer | Asked in Divorce for Puerto Rico on
Q: I NEED TO KNOW WHAT TO DO WITH AN ILLEGAL DIVORCE DONE BY MY EX HUSBAND. I WAS NEVER SERVED AND WAS NEVER ALLOWED TO ANS

HIS GIRLFRIEND STOOD N AND PRETENDED TO BE ME. THE JUDGE AWARDED THE DIVORCE WITHOUT ME NOWING. I WANT THIS OVERTURNED HOW DO I DO IT

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 20, 2015

You would need to find an attorney willing to ask the court to set aside the judgment under fraud to the Court.

1 Answer | Asked in Divorce for Puerto Rico on
Q: I have been married for 19yrs. We have been separated for 19yrs. Can I get any kind of spouse support from him?

We had a child together, that we lost to the state. Since then I've been going to therapy do to this. I would like to know if I can get him for pain and suffering.

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 20, 2015

Under the circumstances you present, probably not. Plus in Puerto Rico there is a law that prevents spouses from suing each other for matter not related to divorce

1 Answer | Asked in Divorce for Puerto Rico on
Q: My "husband" left over a year ago. I can't afford to pay for a divorce, can get divorced for free here in Puerto Rico.
Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 20, 2015

Anyone can get a divorce if they know what they need to file. However, there are many attorney s in Puerto Rico who I am certain would be willing to draft the paperwork needed for a minimal fee. On a side note, you need to be separate for 2 years in Puerto Rico in order to file a divorce alleging... Read more »

2 Answers | Asked in Family Law for Florida on
Q: If my father is going to jail and has custody of my baby sister. How old do I have to be to have sole custody?
Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 20, 2015

You would have to be an emancipated minor or 18 years old to request temporary custody of your baby sister. In the alternative custody will be given to another family member (preferable the mother) or a foster parent through the state.

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2 Answers | Asked in Family Law for Florida on
Q: G-kids taken from their mom are going to be put up for adoption, will I still be able to see them?

They were taken for negligence, mom has not made enough effort to get them back. The state is petitioning for adotion/foster care. Currently they are staying at the Youth Ranch and I have visitation with them, will this continue if they go into foster care?

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 15, 2015

Once parent's rights are terminated these children will no longer be affiliated with you. Therefore, absent the adoptive family's consent and wishes you will not have any right to see them.

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2 Answers | Asked in Family Law for Florida on
Q: I have (2) kids with my ex who is currently way behind in child support. Beyond the fact that I have given him chance

after chance to be in their lives he has continued to make reckless decisions. The last time was a year ago when I let him move in my income based apartment which I figured would help him get on his feet because the rent was so low, well instead of using the opportunity to get it together he moved... Read more »

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 15, 2015

If there is no paternity case, just a case through DOR (establishing child support only), then you have no obligation to allow him to see the children. Regardless he has the obligation to pay support for these children and failure to do so allows you to request the Court to find him in contempt,... Read more »

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3 Answers | Asked in Family Law for Florida on
Q: How can I get passports for my children if I cant find father?
Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 15, 2015

There is actually an affidavit through the passport agency that you may complete explaining in detail why you need to unilaterally obtain passport and the attempts made to find the other parent.

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2 Answers | Asked in Family Law for Florida on
Q: I was wondering how do me and my fiance go about for adoption of my 4 years old daughter he is not her biological dad

But he has been here since she was born. I just recently did a paternity test for her biological father but I have no clue if he went and did his part and her biological father also never signed the birth certificate

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Jan 15, 2015

Agree with Mr. DeGroot. The proper way is to do a step parent adoption. Hopefully the biological parent will consent. However, if no one has signed the birth certificate and there is no case in court alleging or determining who is the Father, there is a chance that your new spouse may just adopt. I... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: I have bipolar disorder and my family has told me that I'm not allowed to live on my own. What are my rights.

My family is abusive towards me and have threatened to send me to a mental institution, just because we have fights! I am so unhappy living with them, what can I do so that I can have my own place away from them. And what can I do to stay out of a mental hospital?

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Dec 4, 2014

Unless you have been deemed incompetent by a Court of Law, you have the same rights as anyone else, meaning you can live on your own. If you have been deemed incompetent, you can fight it and request the court to find you competent and restore all of your rights.

2 Answers | Asked in Family Law for Florida on
Q: Trying for 2yrs to get my kids dad on child support finally have a case open he says he's getting a lawyer should I too?

Was unable to locate him due to us living in separate states. he was only found due to another woman putting him on child support and now he says he's getting a lawyer. Wants me to send the kids to him for the weekend but he won't send any money to help support them. Has money for a lawyer but not... Read more »

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Dec 4, 2014

If you are using DOR for this, DOR will represent you with the child support portion. However, if he does get an attorney and requests visitation with the children and you have objections to him having contact with the children you should seek assistance from an attorney at that time. DOR will not... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: We are not married but have a 12 yr old together the mother left out of state and didn't tell me anything do i have righ

We are not thru court and i pay child support

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Dec 4, 2014

Depending on how long ago they left the State you may be able to request the return of the child to the State of Florida, but along with that you have to request the Court to determine that you are the Father of this child and establish your rights. At this time, you have no rights.

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2 Answers | Asked in Family Law for Florida on
Q: If my child now resides with me (was w/ mother) when do I stop paying her child support?
Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Dec 4, 2014

You can ask for the child support payments be abated (put on hold). This is a much quicker way to stop the child support. After the child has resided with you for an extended period of time (30-181 uninterrupted days) you can seek a modification of the final order.

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2 Answers | Asked in Family Law for Florida on
Q: In FL, we have 50/50. My ex-wife make more money then me. I was ordered pay child support. I was paying all this time.

Now, I am jobless. how to modify the child support? I have no money to hire lawyer.

Oxalis Bianca Garcia
Oxalis Bianca Garcia answered on Dec 4, 2014

What was the previous arrangement? From where is the final Order? Depending on your responses to these questions, it is the course of action I would recommend. However, I do agree with my colleague, that based on the facts you presented you are in need of a modification and an attorney is... Read more »

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