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Questions Answered by Cheryl Fletcher
2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Can I remove husband off of daughter's birth certificate if he is not the biological father?

I became pregnant with my daughter during the time my boyfriend and I were separated. It was a one time and I do not know the father. The boyfriend and I did keep seeing each other and when I found out I was pregnant I told him and I moved back in with him at 6 months pregnant.

We were... Read more »

Cheryl Fletcher
Cheryl Fletcher answered on May 21, 2021

You are asking a question regarding disestablishment of paternity. Only men are allowed to disestablish paternity. Fla. Stat. section 742. 18. When you file for a divorce, your husband can file a separate count to disestablish his paternity but the judge is unlikely to grant it unless the... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: I have a custody/time sharing agreement with my daughters Father that changes for summer. I need it to be clarified.

During the school year, our agreement is 9 days at home, 5 days away. He picks her up Thursday, she comes home Tuesday, then she is home the next 9 days til Thurs. Then in summer, the schedule changes to Sunday to Sunday, back and forth with each parent 1 week. So for June 2021. Her Dad has her... Read more »

Cheryl Fletcher
Cheryl Fletcher answered on May 21, 2021

I agree with my colleague. The parenting plan anticipates that both parents will agree to minor changes and will only seek court intervention as a last resort. Try to compromise on the interpretation. It's not worth spending thousands of dollars and missing time from work for a judge to tell... Read more »

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2 Answers | Asked in Adoption, Family Law and Tax Law for Florida on
Q: If you had a child that was adopted are you allowed to have the original copy being the biological parent

I have my son adopted in November of court issues I'm trying to attain a copy of my son's birth certificate to show the IRS that I had my son for the first part of the year how do I go about doing that

Cheryl Fletcher
Cheryl Fletcher answered on May 21, 2021

This is a tax question. The birth certificate will not prove that the child lived with you during the first part of the year. It will prove that you were his mother until the birth record is updated with the new parents' information. It looks like you are trying to claim the tax credit for the... Read more »

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1 Answer | Asked in Immigration Law for Florida on
Q: I got married in Dec2014 but only received my first green card in Jan2018 how long i wait before apply for citizenship?

My first green card is for 10 years!

Cheryl Fletcher
Cheryl Fletcher answered on Nov 8, 2018

If your spouse is a US citizen and you are still married and living together, you are eligible for naturalization 3 years from the day you became a lawful permanent resident.

Best,

Cheryl Fletcher, Esq.

2 Answers | Asked in Divorce for Florida on
Q: Can I go back to court and re-negotiate the terms of our divorce agreement?

I officially got divorced in August last year. I agreed to pay a storage and dock fee for the boat we co-owned a the time (but only she has sole use of the boat) until the boat is sold (which she is supposed to do). It is coming up on a year and she has still not sold the boat and I am still paying... Read more »

Cheryl Fletcher
Cheryl Fletcher answered on Jun 27, 2018

If there is a time limit in which the former wife was supposed to sell the boat and she hasn’t done so, then you may have a contempt action against her.

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3 Answers | Asked in Divorce and Immigration Law for Florida on
Q: If I have conditional green card and my spouce wants divorce due to his health problems, can I still get permanent card?

I am a foreign citizen and I just got my marriage-based conditional green card which expires in two years. My spouce is much older than me (late 60s) and has heart problems (he had surgery about 7 years ago and will probably need another one soon to install some kind of mechanism). He wants to... Read more »

Cheryl Fletcher
Cheryl Fletcher answered on Jun 27, 2018

As my colleague stated, you need to file form I-751 I your marriage ends in a divorce before your conditional residency expires. My concern for you however, is that, with such a short marriage it may raise red flags to the immigration officer about whether your marriage was real.

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1 Answer | Asked in Divorce and Immigration Law for Florida on
Q: I married my current partner 25 days before my divorce was finalized. I was unaware that the divorce had not been

completed as my first marriage and divorce took place in Peru. I was told by an immigration lawyer that I invalidated my divorce because I remmarried in the US (Florida) before the process had finished, and that I must divorce my ex once again but in the United States although he does not live in... Read more »

Cheryl Fletcher
Cheryl Fletcher answered on May 9, 2018

If your second marriage occurred before the dissolution of your first marriage was finalized, the second marriage is void. This means that it is invalid, as if it never took place. You will need to marry your second spouse again.

1 Answer | Asked in Immigration Law for Florida on
Q: What happens if I get divorced while in aos process?, I have my work permit and we are waiting for the interview.

In a married based aos process, if we get divorced before the green card interview, how long would I have to leave the country?

Cheryl Fletcher
Cheryl Fletcher answered on May 9, 2018

If you get divorced while the AOS is pending you are no longer considered an immediate relative of your spouse and are no longer eligible for the current visa category. There may be other options available to you which may mean that you do not have to leave the country. Speak to immigration... Read more »

1 Answer | Asked in Divorce and Immigration Law for Florida on
Q: I was married and he got my permanent resident now I not sure if my card it's expired my question what I need to do

I just worry ,I don't want to have problems with emigración o be theported ,I have 2 kids from here.what should I do,I been here 18 years

Cheryl Fletcher
Cheryl Fletcher answered on May 9, 2018

You may need to set an Infopass appointment with your USCIS district office to find out whether your green card is expired. You can also do an application for a replacement permanent resident card if the card is lost, stolen or mutilated.

Regards,

Cheryl Fletcher, Esq.

1 Answer | Asked in Divorce for Florida on
Q: can I refile for divorce from Florida if I have already started the process in California?

I filed for divorce in California where my ex lives because I had a attorney that was helping me for free. The divorce got as far as filing the proof of service, but court came back saying that attorney did not file original proof of service document.

Just before receiving that news from... Read more »

Cheryl Fletcher
Cheryl Fletcher answered on May 9, 2018

You can file a notice of voluntary dismissal in the California divorce case. Assuming that your spouse did not file a counter petition, then the notice of voluntary dismissal should be sufficient to get the case dismissed. Also, the clerk may close the case on its own after a long period of... Read more »

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