Denise Martinez-Scanziani's answer It is doubtful there would be liability. You would first have to establish the clerk has a duty to maintain accurate records. It appears you’re asking about holding the clerk civilly liable for this error. I recommend you post your question to a civil lawyer since you’re not seeking to seek damages against the obligee.
From the family law standpoint, modification after emancipation is not usually permitted since the court loses jurisdiction.
Denise Martinez-Scanziani's answer You've posted this question for a Florida lawyer, but it seems that you should ask a lawyer licensed to practice in AL. If that is where the child is, that is the state who will have jurisdiction over your daughter.
Denise Martinez-Scanziani's answer A petition for modification of a time-sharing schedule based on substantial change in circumstances (i.e. mother is obstructing and interfering with time-sharing) can be filed as a new case in the county where either parent currently resides or where the last order was entered. He may also need to petition to modify his child support. The longer he lets it go, however, the worse it will be.
Denise Martinez-Scanziani's answer If you already have a time-sharing schedule by court order, then you will need to petition the court for a modification and show that there has been a substantial change in circumstances since entry of the last order. For those who cannot afford a lawyer, a good option may be your local Legal Aid.
Denise Martinez-Scanziani's answer If the child is not a citizen of the US, the laws governing international adoption will likely apply even if the child is present in the US. The child's nationality will also have an impact on whether this adoption is even possible. You first want to speak with an immigration attorney.
Denise Martinez-Scanziani's answer One of the factors the court must consider to determine the "best interest" of the child under section 61.13, Florida Statutes is the length of time the child has been in a stable environment and desire of maintaining continuity. The longer this schedule is in place and the child is doing well, the stronger the argument is that this schedule is likely in child's best interest.
Denise Martinez-Scanziani's answer You have to make this request in writing to the judge. Depending on the basis for your request, the court may order a drug test which can be done by either a urine sample or a hair follicle drug test. the hair follicle drug test will detect drug use for a much longer period of time than the urine test.
Denise Martinez-Scanziani's answer This is a very real possibility. In Florida, the failure to protect a child from domestic violence can be considered child abuse and the Department of Children and Families may have to be called.
Denise Martinez-Scanziani's answer Is her father the landlord? If he is, he must still follow the law for eviction. The fact that he is her father does not give him the right to evict without a court order.
Denise Martinez-Scanziani's answer It depends on the judge. Usually in domestic violence cases, the court wants to ensure that the petitioner is not being coerced to dissolve the injunction and will require a personal appearance.
Denise Martinez-Scanziani's answer The court must consider all of the "best interest" factors listed in section 61.13 of the Florida Statutes. Distance between the parents and living accommodations will be considered but aren't necessarily a decisive factor.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.