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Questions Answered by Emily Konicek
1 Answer | Asked in Family Law for Florida on
Q: The right to first refusal clause. Does it pertain to me as a stepfather?
Emily Konicek
Emily Konicek
answered on Sep 21, 2022

It depends on what your agreement says. If it's silent, then most likely you must ask the other parent first before you are able to watch the child.

1 Answer | Asked in Family Law for Florida on
Q: My son's father moved out of state, do we still follow the parenting plan that was in place before he moved?

Also will he have to pay child support?

Emily Konicek
Emily Konicek
answered on Aug 11, 2022

That would be grounds for filing for a modification of timesharing/parenting plan, as it would probably be impossible to follow the previous schedule. Child support and travel expenses would also be addressed in the modification.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What can be done about a mother withholding children from their father prior to divorce/ parenting plan
Emily Konicek
Emily Konicek
answered on Jun 2, 2022

Depending on the county, you may be able to file a motion for contempt or motion for temporary relief. You should consult an attorney in your area.

2 Answers | Asked in Family Law for Florida on
Q: Is my house considered a marital asset if only my name is on the deed and only been married for 7 months?

And if so then is spouse automatically entitled to 50 percent? If she agreed to give me the house what proof would I need?

Emily Konicek
Emily Konicek
answered on May 10, 2022

If the house was purchased during the marriage, it is marital regardless if only one party is on the deed.

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1 Answer | Asked in Family Law for Florida on
Q: How do I file for indigent and emergency temporary custody?

Mom is in rehab

Emily Konicek
Emily Konicek
answered on May 4, 2022

If there is a filing fee, you can file an request for indigency to see if you qualify to have the filing fee waived.

2 Answers | Asked in Family Law for Florida on
Q: I was recently ordered child support on terms that we're not correct and the kids live with me what do I do.

The mom is now in rehab getting all of the money and I have the kids and cant even offered bills now

Emily Konicek
Emily Konicek
answered on May 4, 2022

You will most likely need to file a supplemental petition for modification. This is something you will want to hire an attorney to assist you.

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2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is it possible for me to pursue sole custody if the other parent has been convicted of attempted murder?

I opened a case for child support shortly after my child was born. I have experienced abuse during and after the pregancy from the father. I have ask him to leave multiple times he has left however continues to threaten me that he is going to get half custody of our child. I did not know he had a... Read more »

Emily Konicek
Emily Konicek
answered on Mar 4, 2022

Unless he has filed a paternity action, you retain the rights to the child. This is not something to be concerned about unless he file an action against you. The abuse and his record would be evidence you could use to make your case.

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