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Questions Answered by Oxalis Bianca Garcia
1 Answer | Asked in Juvenile Law for Florida on
Q: My fiance is 17 and will be 18 next month and is in the state of Alabamas custody.can we go to Floridaandget married now

They want let me see her or nothing she will be 18 next month

Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Nov 17, 2014

In Florida Minors (even 17 years old) need the consent of their parents in order to marry.

1 Answer | Asked in Juvenile Law for Florida on
Q: we have a 17 year old girl who is in foster care and wanting to live with her biol. parents, want is her rights?
Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Nov 17, 2014

At this point, because she is still a minor her rights are very limited. Within the dependency case, she can request to be heard by the Judge, but it is up to the Judge if he/she allows this. However, the parents are really the ones that need to step forward and move the Court to be reunited with... View More

1 Answer | Asked in Child Custody for Florida on
Q: How do I obtain custody of a child that is not my biological child in Florida? Parents don't care if she lives with us.

She is 14 and lives in Al with her dad. She is not enrolled in school. Her parents do not care if she lives with us. I want to have legal custody

Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Nov 17, 2014

Unfortunately, Florida does not have jurisdiction over this child, Alabama does. Any legal action requesting custody of this child has to be done in Alabama. I suggest you consult an attorney there, since every state has different requirements. Once you have custody of the child, you can move to FL... View More

1 Answer | Asked in Family Law for Florida on
Q: Can I take my son and unborn child and move from FL to KY?They have the same father. Me and the father was never married

Father does not think the unborn child is his but she really is. I have not filed for child support yet.

Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Nov 17, 2014

That depends, feel free to contact me at 727-835-6595 to further discuss your options.

1 Answer | Asked in Family Law for Florida on
Q: should pregnant women be punished for exposing child to danger
Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Nov 17, 2014

Your question is unclear, is the pregnant woman exposing the unborn child to danger or another child? What danger are you referring to? Please feel free to contact me at 727-835-6595 to discuss your matter.

1 Answer | Asked in Child Custody for Florida on
Q: My mom has been found in two different court cases to be an unfit mother regarding her children. My brother's father

died and has been going through hell at my moms. He has ran away for a total of 3 times now, one being 2 months long and my mom went on vacation. She says that he is not allowed back in her house and has allowed him to stay with me and attend school he is 16. However she has refused to give me... View More

Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Nov 17, 2014

Yes, you do, however there are certain requirements you have to meet in order to obtain custody. Please feel free to contact me at 727-835-6595

2 Answers | Asked in Bankruptcy for Florida on
Q: I am trying to rent a house here in FL. I filed bankruptcy more than 10 years ago. I just just don't remember the date.

Does this show on credit report? Do I have to put on the application that I did bankruptcy?

Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Nov 17, 2014

Yes and Yes.

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1 Answer | Asked in Child Support for Florida on
Q: How do I get the child support that has been paid to florida?
Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Nov 17, 2014

Your questions is unclear. Do you mean that the child support has been paid to the Florida State Disbursement Unit? Who paid? How long has it been? Is there a case number assigned to this account? What type of case is it... Paternity through Department of Revenue, Private Paternity case or Divorce?... View More

1 Answer | Asked in Domestic Violence for Florida on
Q: how long does it take to lift or dismiss an injunction from domestic violence?
Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Nov 17, 2014

Depends on the circumstances of your case. To properly respond to your question, additional information is needed. Feel free to contact me at 727-835-6595

1 Answer | Asked in Family Law for Florida on
Q: Will my ex still have to pay back child support?

I have custody of both of my children from my previous marriage. My oldest child wants to live with my ex. My ex is over $11,000 in arrears. My question is that if my son moves in with his dad, will his dad still have to pay me the back child support.

Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Nov 17, 2014

Child Support arrears is a debt, therefore, the debt is owed until it is paid in full.

1 Answer | Asked in Family Law for Florida on
Q: I recieve tanf aid but my kids father is behind 16,222.33 &he just got a lawsuit settlement will I get any of the $$

Or will only child support and dcf see this money

Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Nov 17, 2014

No, you won't. However there are ways to request the Court to enter an order requiring him to pay you. Feel free to call me for additional information; 727-835-6595

1 Answer | Asked in Child Support for Florida on
Q: I have 3 children my oldest just turned 19, & is having a baby do I still HV 2 pay 4 her
Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Sep 15, 2014

Normally within the final judgement establishing the child support, there should be an automatic dropdown of the child support amount for when a child reaches the age of 18. In other words, there is supposed to be an automatic reduction/termination in child support when a child reaches 18. If there... View More

1 Answer | Asked in Family Law for Florida on
Q: If my daughter moved back with me how do I cancel my child support payments to her mother if I can find her

I can't find her mother to give her court papers

Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Sep 15, 2014

Is your case with DOR or privately? Do you have court ordered visitation? Depending on the answers to these questions, it is the procedure needed to be followed to request termination of your obligation for child support. In the event that Mother's location is unknown, the law provides a... View More

1 Answer | Asked in Family Law for Florida on
Q: Do I HAVE to have an attorney to get sole custody of my granddaughter who I have been taking care of for 7 yrs.

I was granted shared custody of my granddaughter along with paternal grandmother by state of OK. Upon returning to FL, paternal grandmother up and disappeared to never have anything to do with the child. Both parents had their rights terminated. Mother's termed by FL and father's by OK.... View More

Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Sep 15, 2014

The OK order would have to be domesticated and thereafter a modification requested to grant you sole custody. The complexity of the case will depend on many factors, i.e. serving paternal grandmother and her objections if any.

1 Answer | Asked in Family Law for Florida on
Q: PATERNITY?...DONT BELIEVE SHE IS MINE...SHE WILL BE 18 SOON...IS IT TO LATE TO ESTABLISH PATERNITY?
Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Sep 15, 2014

No its not to late and within the paternity case you can request for a DNA test to ensure that "she is yours".

1 Answer | Asked in Family Law for Florida on
Q: When both parents are deceased and the grandmother had custody and she becomes deceased. Can oldest sister get custody??

But they live in Florida and I live in south Carolina.

Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Sep 15, 2014

The older sister would have to get guardianship of the minor children. In addition the sister would have to prove that she is fit to care for her siblings, but in short, if she is 18 or older, she could request to have custody of her siblings.

1 Answer | Asked in Family Law for Florida on
Q: How can I bring my child support down? I'm literally living paycheck to paycheck. Hardly making it.
Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Sep 15, 2014

Depends. Anytime a modification (in this case a reduction) of child support, one has to prove a substantial change of circumstances, such as reduction of income. Your best option is to discuss the circumstances of your case with a Family Law Attorney to discuss your options.

2 Answers | Asked in Family Law for Florida on
Q: I pay child support for my 3 kids but am getting marry again and will have a new baby, will the court reduce my support
Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Sep 15, 2014

Unfortunately the Courts have determined that having more children and/or getting remarried does not constitute a change of circumstances to request a modification of child support. However, if you have a reduction of income or the mother of the children has had an increase of income, that would... View More

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