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Questions Answered by Denise Martinez-Scanziani

2 Answers | Asked in Family Law for Florida on

Q: Can paternal grandmother keep my son away from me with only guardianship I signed over while in hospital?

I was in a bad car accident 3 months ago so I signed over guardianship of my 2 month old son to his paternal grandmother in South Carolina I am from Florida and now I want my son back and she's refusing can she do this? The guardianship was not done through the courts it was just notarized

Denise Martinez-Scanziani answered on Apr 4, 2019

Was the "guardianship" done in South Carolina? If so, you will need to get advice from a lawyer licensed to practice in South Carolina.

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3 Answers | Asked in Family Law and Child Support for Florida on

Q: If a clerk of the court/staff liable for damages resulting from inaccurate account maintenance?

Would a clerk of court/staff be liable for monetary damages stemming from over a decade of inaccurate account maintenance?

The child support account in question was initially given a satisfaction of judgment and closed after the child reached majority. However, after a inquiry for... Read more »

Denise Martinez-Scanziani answered on Apr 4, 2019

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... Read more »

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1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on

Q: Want my daughter back, my father has sole custody. Hearing was done in Ala, while I was in hospital.

2 years ago I was in a hospital in Dothan. For my daughters benefit I turned custody over to my father as I was not sure how my health issues would affect me in the future. I was not a good person then. I signed papers provided under duress from my father, so he could have sole custody of my... Read more »

Denise Martinez-Scanziani answered on Apr 3, 2019

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.

1 Answer | Asked in Family Law for Florida on

Q: My brother’s ex-wife never cooperated with the visitation rights. What can we do to get visitation rights?

He has attempted in the past to file injunctions and contempt of court. The motions have either gotten lost magically or dismissed. They are in Hardee County. The judge I believe is biased because the grandma is the Post Master and are friendly with each other. Yes, he owes child support but the... Read more »

Denise Martinez-Scanziani answered on Apr 3, 2019

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: I want to gain full custody of my son, we have split custody right now. I am worried that his father is using drugs.

I want to know how to go about this and if i can do a welfare check and get a lawyer to gain full custody. I do not have the funds to pay for a lawyer.

Denise Martinez-Scanziani answered on Apr 3, 2019

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.

1 Answer | Asked in Adoption and Family Law for Florida on

Q: My girlfriend wants me to adopt her son from a different country

Denise Martinez-Scanziani answered on Apr 3, 2019

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.

1 Answer | Asked in Family Law and Real Estate Law for Florida on

Q: How to get title of a home after death of owner, when one is only surviving sibling?

This question is for my elderly cousin whose unmarried, childless brother died in Seminole County this year. My cousin is the only surviving brother and needs pro bono help getting the small home his brother inherited from their mother titled in his name.

Denise Martinez-Scanziani answered on Apr 3, 2019

This question can be best answered by a probate attorney. I would post your question under that area of the law.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on

Q: Can child custody be changed if it’s been the same for a few years and isn’t on paper yet, just verbal?

Going through a divorce, and we currently do one week on and one week off. Our child is 4, is there a way to change the custody when we get to court or will it pretty much stay the same? I do have concerns when it comes to my child and the other parent and their lack of parenting. I am not sure if... Read more »

Denise Martinez-Scanziani answered on Apr 3, 2019

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... Read more »

1 Answer | Asked in Civil Litigation, Libel & Slander, Family Law and Child Custody for Florida on

Q: Can you have your childs other parent take a drug test to prove he/she is not on drugs? For sole parental responsibility

I believe my sons father is on drugs and wanted to know if/how to get proof of it. I want to have sole parental responsibility when we have split right now.

Denise Martinez-Scanziani answered on Apr 3, 2019

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... Read more »

1 Answer | Asked in Family Law for Florida on

Q: I have shared custody my baby mom is in an abusive relationship police report/arrest is it possible i be named custodial

Florida case

Denise Martinez-Scanziani answered on Apr 3, 2019

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.

2 Answers | Asked in Landlord - Tenant for Florida on

Q: If my daughter was evicted without a 30 day notice, can she go after her father for any money paid?

Denise Martinez-Scanziani answered on Apr 3, 2019

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.

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2 Answers | Asked in Family Law for Florida on

Q: Is a telephonic hearing ok to dissolve an injunction

Denise Martinez-Scanziani answered on Apr 3, 2019

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.

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2 Answers | Asked in Family Law for Florida on

Q: Will court grant 50/50 timeshare for 4 kids when mom lives 45 mins away and shares a 2 bdrm. No beds/space for kids.

Denise Martinez-Scanziani answered on Apr 3, 2019

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.

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