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Questions Answered by Pamela J. Fero
1 Answer | Asked in Adoption and Family Law for Florida on
Q: If my aunt got my child in a open adoption, can she refuse me any and all communication with my daughter?

I was under the understanding I would be able to call, write, minimal visits when I got sober. That was back in 2011-2012. 2014 I got sober and have reached out multiple times through messages and other family members. I have 2 other children now that want to know their sister. Do I have any leg to... View More

Pamela J. Fero
Pamela J. Fero
answered on Sep 25, 2024

Review and check for any explicit terms in the adoption agreement regarding your rights to contact. If you don’t have a copy of this agreement, obtaining one would be crucial. If possible, consider proposing mediation to your aunt. A third-party mediator can help facilitate a discussion and... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I am getting divorced and my ex started a business with a partner in 2020.

I joined the business and worked for over a year. When my husband wanted a divorce, he told me not to come back to work. Am I entitled to a portion of the business? He left me destitute with no job.

Pamela J. Fero
Pamela J. Fero
answered on Aug 13, 2024

Generally, any asset acquired or enhanced during the marriage, including businesses, is considered marital property. The business you and your husband started or worked for during the marriage is likely considered a marital asset if it was started or significantly grown during the marriage. The... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi my ex spouse continues to violate our agreement, Do I have to open a new case? or can I file under the old case?

We have not been in court in some time

Pamela J. Fero
Pamela J. Fero
answered on Aug 7, 2024

If your ex-spouse is violating a court-ordered agreement, such as a custody, visitation, or support order, you generally do not need to open a new case. Instead, you can file a motion or petition to address the violations within the existing case. Depending on the nature of the violations, you may... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can I be required to provide transportation to and from school for my child during his mothers custody time
Pamela J. Fero
Pamela J. Fero
answered on Jul 30, 2024

Carefully read through your current custody agreement or parenting plan. It may already include provisions regarding transportation responsibilities. Speak with the other parent to discuss and negotiate transportation arrangements. Sometimes, an amicable agreement can be reached without going to... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex has full custody. On my visits my kids say he is drinking and driving with them in the car. What can I do?

My kids have reported back to me for the past two weeks my ex is drinking and driving with them in the car. He almost got into an accident with them too. How do I proceed to get custody removed and protect my kids?

Pamela J. Fero
Pamela J. Fero
answered on Jul 24, 2024

You may file a motion to modify the custody arrangement if there are significant concerns about the children’s safety. Document everything your children have told you, including dates, times, locations, and specific details of the alleged incidents. If there are any witnesses or additional... View More

2 Answers | Asked in Family Law, Social Security and Public Benefits for Florida on
Q: If I turn 18 and am still in highschool is there a way to get my survivor benefits sent to me instead of my mom?

hi, I am 17 and my mom currently receives survivor benefits for her, me, and my brother after our fathers passing. I turn 18 in November and am wondering if I would receive my portion of survivor benefits instead of her once I am 18 since I would still be in highschool until May. I haven't... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 19, 2024

Once you turn 18, the benefits that were previously managed by your mother on your behalf can be redirected to you. You will need to notify the Social Security Administration (SSA) of your status as a full-time student in high school.

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: My child mother is trying to put me on child support she lives in PR and i live in FL

My child mother is trying to put me on child support when i already give her 400 a month . She lives in puerto rico and i live in florida. She does not let me see or speak to my child if i dont give her more then $400 and is always threatening to put me on child support of i do not send her more... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

Child support obligations and rights to child visitation are handled through legal channels and are enforceable across state lines and territories, including Puerto Rico, under the Uniform Interstate Family Support Act (UIFSA). UIFSA allows for cooperation between states and territories in the... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my ex wife move from her residence taking our daughter without telling me?

I do not believe she moved out of state . I do not know where they are, I've asked to see our daughter but they come up with an excuse for me not to show up at the residence. They don't know that I know they moved. They keep lying to me. The ex wife has our daughter lying to me about where they are.

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

According to Florida statutes, a parent cannot relocate more than 50 miles from their current residence for more than 60 consecutive days without the consent of the other parent or a court order. This applies to moves within the state as well as out of state. For the parent wishing to move, there... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Separation agreement question

Good morning. In the state of Florida if i need to separate from my husband and he makes more than twice what I make,

can there be a legal separation agreement that will provide me with support for living expenses until the divorce can be processed and finalized?

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

During the process of a divorce, one party may be eligible to receive alimony from the other party if there is a significant disparity in their incomes. This support is designed to alleviate the financial burden on the lower-earning spouse during and after the divorce proceedings. While Florida... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I move out off my home until tells o I am divorced and not get in any trouble and not loose my half of me aets

My husband is calling me names and trying to make me miserable while we are living together being very mean saying he should of bashed my head in and calling me bad names he says he is going to make me miserable until I leave:he thinks if I leave he is going to get me for abandoned the home so... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

Moving out of the marital home while awaiting the finalization of the divorce does not automatically mean you relinquish your rights to the property. The home remains marital property regardless of who lives in it until the court issues a final decree in the divorce proceedings.

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1 Answer | Asked in Family Law for Florida on
Q: Can my wife change the locks and not let me live in the house
Pamela J. Fero
Pamela J. Fero
answered on Jun 3, 2024

Your wife would need to seek a court order, like a temporary exclusive occupancy order, to have the legal right to change the locks and keep you out. This is something a court might consider in extreme situations, like if there's a concern for someone's safety. But under normal... View More

1 Answer | Asked in Family Law for Florida on
Q: Can my wife change the locks and refuse to let me in my home without going to court

Contract on home is in both names

Pamela J. Fero
Pamela J. Fero
answered on Jun 3, 2024

Your wife would need to seek a court order, like a temporary exclusive occupancy order, to have the legal right to change the locks and keep you out. This is something a court might consider in extreme situations, like if there's a concern for someone's safety. But under normal... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: My wife has 2 children from a previous marriage. We want to move to Orlando. Her ex doesn't work and pays for none of

The kids Insurance or extracurricular activities. My family, her family, and even his family live in the Orlando area. They have 50/50 time with the kids. We have no idea how he pays his bills as he hasn't worked In over a year. What do we have to do to force him to let us move.

Pamela J. Fero
Pamela J. Fero
answered on Jun 3, 2024

Try to talk with the kids' dad. Since you all have ties to Orlando, he might see the move as beneficial too. If he agrees, that's good! Just be sure to get that agreement in writing. If he’s not on board or things are a bit tricky, then you might need to petition the court for... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: do i have to pay child support?

Wife and i are getting a nocontested divorce. we have kids. we are sharing custody 50/50. the kids stay with me every other day. I know that it florida child support is based off visitation with the other parent. If they live with me literally every other day, and every weekend does that mean i... View More

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

When joint custody is involved and parenting time is equally divided, child support is determined primarily by the financial resources of the parents. Although it’s uncommon for no child support to be mandated, it can happen under certain conditions, such as if the custody is shared 50/50 and... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a husband accuse his wife of kidnapping their daughter if she wants to leave their house with her as a separation?

The couple can't live together in the same house. Then the mother would like to go to another place with her daughter. But the husband says that what she's doing is called kidnapping. What can the mother do?

Pamela J. Fero
Pamela J. Fero
answered on Apr 22, 2024

If there are no existing divorce proceedings or custody agreements, the mother must secure consent from the other parent or obtain court approval before relocating. This process can become legally intricate, particularly if the other parent opposes the move. Consult a local family law attorney to... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can I get help in a divorce filing with very little money and 3 children
Pamela J. Fero
Pamela J. Fero
answered on Dec 19, 2023

The court will take a detailed look at your financial situation and draw a comparison against your spouse's. This assessment aims to position both parties on an equal footing. If you can't afford a lawyer but your spouse can, the court may level the playing field. They may require your... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi, my husband wants to divorce. He just filed last week and he says that I’m not getting anything from him.

Hello,I’m desperately looking for in attorney or any kind of advice. My husband just filed for divorce last week during we were in a session with the marriage counselor just because I said that he push me. Now he says that he will get everything the house, the cars and then I’m not getting... View More

Pamela J. Fero
Pamela J. Fero
answered on Aug 7, 2023

Florida adheres to equitable distribution of assets, whereby all marital possessions are eligible for property distribution regardless of whose name they bear. The potential for receiving spousal support during divorce hinges on factors such as the duration of the marriage and individual... View More

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2 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Can my ex wife get any kind of alimony even though it was waived when our divorce was final?

We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we... View More

Pamela J. Fero
Pamela J. Fero
answered on Aug 3, 2023

She can go back to court and file a request for alimony and child support. She'll have the burden to prove that there is a need for those kinds of support and that you are capable of providing it. Talk to a lawyer to know how you can be prepared if this happens.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Hello, what are the substantial grounds to request sole parenting responsibility in Florida? The Father is in contempt.

We executed a parenting plan during divorce proceedings last year. I am the mom and I could request up to 3 drug tests (hair follicle) from the Father - if positive, it suspends his timesharing until he provides two clean tests within the same week. Father has tested positive for cocaine, which... View More

Pamela J. Fero
Pamela J. Fero
answered on May 2, 2023

If you are seeking sole parental responsibility for your child, you can file a motion to modify your parenting plan with the court. You will need to provide evidence of factors such as alcohol or drug abuse, negligence, or domestic violence against the father in order for the court to consider... View More

2 Answers | Asked in Family Law for Florida on
Q: what Florida form is used to modify a parenting plan if the other parent is homeless and on drugs?

The other parent has failed to follow the court order and is now showing up to my daughter's school to take her on days that aren't his. He has not been able to provide a stable and safe home for her. He is inconsistent and tells my daughter negative things about her family on both sides.... View More

Pamela J. Fero
Pamela J. Fero
answered on Mar 15, 2023

You can visit the local court to get help finding the applicable form you can use and get guidance on what best actions you can take to protect yourself and your children from your ex. The issues you mentioned are serious. You should act now before ex makes more serious issues that will greatly... View More

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