Questions Answered by Denise Martinez-Scanziani

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

2 Answers | Asked in Family Law for Florida on
Answered on Apr 4, 2019
Denise Martinez-Scanziani's answer
Was the "guardianship" done in South Carolina? If so, you will need to get advice from a lawyer licensed to practice in South Carolina.

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

3 Answers | Asked in Family Law and Child Support for Florida on
Answered on Apr 4, 2019
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.

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

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Answered on Apr 3, 2019
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.

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

1 Answer | Asked in Family Law for Florida on
Answered on Apr 3, 2019
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.

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.

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Apr 3, 2019
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.

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

1 Answer | Asked in Adoption and Family Law for Florida on
Answered on Apr 3, 2019
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.

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

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Answered on Apr 3, 2019
Denise Martinez-Scanziani's answer
This question can be best answered by a probate attorney. I would post your question under that area of the law.

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

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Answered on Apr 3, 2019
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.

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

1 Answer | Asked in Civil Litigation, Libel & Slander, Family Law and Child Custody for Florida on
Answered on Apr 3, 2019
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.

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

1 Answer | Asked in Family Law for Florida on
Answered on Apr 3, 2019
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.

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

2 Answers | Asked in Landlord - Tenant for Florida on
Answered on Apr 3, 2019
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.

Q: Is a telephonic hearing ok to dissolve an injunction

2 Answers | Asked in Family Law for Florida on
Answered on Apr 3, 2019
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.

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.

2 Answers | Asked in Family Law for Florida on
Answered on Apr 3, 2019
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.

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