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... Read more »
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... Read more »
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.... Read more »
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... Read more »
This is in the state of FL. Petitioner makes several claims that are false and a few that are exaggerated highly. It is for dating violence when in fact there has been none whatsoever the relationship was toxic certainly but NEITHER party was violent towards the other. I have a hearing soon where I... Read more »
answered on Mar 8, 2023
To have the TRO dismissed, you will need to present evidence that the allegations made by your ex are untrue or exaggerated. Evidence could include witness statements, photographs, text messages, or any other documentation that can help to prove your case.
You will need to file a motion to... Read more »
My ex-husband has been recording our conversations and sending them to his friends
Is there a statute of limitations? It's been four years.
answered on Mar 3, 2023
Under Florida recording law, (two-party consent law) secretly recording individuals without their knowledge and consent is illegal. If someone have any audio recordings of you that you did not consent to, they can be criminally prosecuted. This can be a 3rd Degree Felony offense, punishable by up... Read more »
Making the payments. He wants to keep the house. Do I have any rights to compensation for helping pay the mortgage the past 18 years?
answered on Feb 14, 2023
In Florida, marital property is typically divided equitably in a divorce. This means that all assets and debts acquired during the marriage, regardless of who owns them, are considered marital property and subject to division.
In the case you've described, the house is considered... Read more »
answered on Jan 31, 2023
Palimony is a term used to describe financial support given by one person to another after a non-marital supportive relationship has ended.
However, Palimony is not recognized in the state of Florida, which means you cannot sue for palimony in the family courts in Florida. If you have been... Read more »
The parent had 4 children from 4 different mothers but all except for one was a minor. And the minor child was receiving social security from the dad and also child support from him as well
answered on Jan 20, 2023
If a loved one has passed away due to neglect or abuse in a nursing home, their appointed representative or next of kin may have the right to file a Nursing Home Wrongful Death Lawsuit. If the deceased appointed a representative in their will, that person can take legal action on their behalf.... Read more »
Have been married 4 years, separated for 1 year and half. No kids. No property. If I purchase a home now,will she be entitled to anything with my new home? She is avoid service of divorce papers since last October. She is awaiting immigration status approval. The reason why she avoiding the service.
answered on Jan 20, 2023
In Florida, property acquired during a marriage is considered marital property, and is subject to equitable distribution during a divorce. This means that the court will divide the property in a fair and reasonable manner, taking into account factors such as the length of the marriage, each... Read more »
I had to call the police and they took him to a hotel until he was sober. He will not come back home and will not talk with me about anything. All our bills including his own come out of my accounts. He even has one of the cars which my name is on and comes out of my account. He is not sending... Read more »
answered on Jan 13, 2023
You may file for divorce, where you can ask the court to order your husband to pay certain bills as well as alimony and child support, or you may file a motion for temporary relief, which can include temporary alimony and child support and an order for your husband to pay certain bills while the... Read more »
my mother pass away this year and my half-sister from mother site wants to sell the house.
the house belongs to my father and mother both of disease.
can she be entitled to the % that belongs to my father?
answered on Dec 8, 2022
She is entitled to your father's estate if she is named in the will. Otherwise, Florida's intestacy rules will favor biological children or immediate blood relatives. Speak with a local attorney to learn how to protect your rights and come to an agreement with your stepsister on the matter.
answered on Nov 14, 2022
It is most practical to you sit with your parents and obtain their permission. You can still be legally emancipated by a court even without their permission as long as you can support yourself. You need to show proof of sufficient income to cover your living expenses and daily necessities.
answered on Nov 14, 2022
If there is clear and convincing evidence that it is in the best interests of the child, the court may reinstate your parental rights. You must present the best case possible and commit to doing everything in your part to restore your rights.
answered on Nov 9, 2022
Sexual predators and offenders are not permitted to live within 1,000 feet of a school, child care facility, park, or playground. If you live outside of the 1,000-foot radius, you should notify the Sheriff's Department. Refer to your local county ordinances regarding restrictions on sex... Read more »
answered on Nov 9, 2022
Florida law doesn't allow emancipation without the permission of a parent or guardian. You have the option to get a court-ordered emancipation as long as you can provide proof that you can provide for yourself.
answered on Oct 28, 2022
You do not need to do anything formal to revoke Temporary Custody granted under Chapter 751 of the Florida Code if it was "concurrent". You can simply make a request in writing. If it was "not concurrent", you must file a Motion to Reopen the Case in order for the court to... Read more »
answered on Oct 19, 2022
Yes. When adding father's name to the child's birth certificate, both parents must consent. If the mother does not consent, you can file a petition to establish paternity. It will be granted after providing genetic samples proving you are the biological father of the child. The court will... Read more »
Living in Florida. I have a child that is not my ex husband's, but the child has his name by default ( as he did not physically sign the birth certificate) been divorced since the child's birth...and we've been out of communication ever since. Fast foward 10yrs, my now husband wants... Read more »
answered on Oct 11, 2022
Florida’s adoption law requires that the consent of both parents be given before a court can make an adoption final.
If one parent does not consent to the adoption, the court will only make the adoption final if it finds that:
✅ The non-consenting parent is unfit
There... Read more »
Still sending monthly support even tho there is no court order. Mother has history of Prison time, drug charges and drug abuse. Lives with her mother and other son, who I supported as my own until recently.
Will not let their Maternal grandmother have contact, even though myself and my... Read more »
answered on Sep 26, 2022
Assuming you have established paternity of the child, you have the option to file custody. If not, then you have until child turns 18 to establish paternity and assume parental rights to your child. Act immediately and seek help from a family attorney to know how best to proceed with your case.
If there has been no court ordered custody or guardianship arrangement, Can a grandparent, who has been caring for a child for an extended period of time, deny the mother the ability to take the child back? And can they make rules denying the parent from having the child stay with said parent... Read more »
answered on Sep 26, 2022
If there is no court ordered custody arrangement, there is no reason the grandparents keep the child from you, unless there are proofs you are unfit to care for the child and they appeal for custody for the child. Speak to lawyer to know how best to proceed with your case.
Male separated from wife for 4 years can't serve divorce papers because she is out of country.
answered on Sep 21, 2022
You can divorce regardless of where your spouse lives as long as one of you is currently residing in Florida. The process is difficult, and you don't know whether your spouse will cooperate or not. It is critical that you consult with an attorney to determine the best course of action for... Read more »
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