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Questions Answered by Pamela J. Fero Esq.
1 Answer | Asked in Family Law, Nursing Home Abuse and Wrongful Death for Florida on
Q: Who in the state of Florida can file a nursing home neglect case for a parent who has passed away

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

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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 »

2 Answers | Asked in Divorce, Immigration Law and Real Estate Law for Florida on
Q: Family law. If u purchase a home in Florida while in the middle of a divorce with someone awaiting immigration status

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.

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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 »

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: If my husband has left and not helping towards any of our family bills that come out of my account can I do anything?

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 »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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 »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My sons dad is in prison, He is due to be released soon, do i have to pay to have full custody granted i dont have funds

My son and me have not lived with his father or in the same state as him since my son was 7 months old, he is currently in prison and due to be released in a matter of weeks. He speaks to him daily, as many times as he would like but i know when he gets released he will threaten to take my son away... Read more »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Dec 23, 2022

If you believe living with him might be detrimental for you and your son's well being, talk to a lawyer right away to know the best action.

1 Answer | Asked in Family Law and Probate for Florida on
Q: can my half sister to be entitle for a % of my father state (house); she is not his daughter both parents are disease

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?

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What motion can I file when a parent willingly neglects to ensure the safety of a child from their known allergens?

My son is severely allergic to cats and dogs. Their father, who has not seen him physically for three years or had communication with him for two years, was granted visitation on 10/25 by a general magistrate even though my ex-husband refused to carry out what was issued in the report and... Read more »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Nov 17, 2022

File a petition to modify time sharing.

1 Answer | Asked in Family Law for Florida on
Q: Do I need my parent's approval to get emancipated in Florida? And if so, how do I get emancipated without it?
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I'm trying to get visitation of my child and my rights were given up. what do I do to get see my child
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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.

1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: Is a registered sex offender allowed to live on the same property with young children he is related to?
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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 »

1 Answer | Asked in Family Law for Florida on
Q: My mother threw me out of the house and won't sign emancipation papers. Is there a way to do it without her signature?
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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.

1 Answer | Asked in Family Law for Florida on
Q: I gave my sons grandmother temporary guardianship and I would like to revoke it.
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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 »

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: I want to legally recognize my son, give him my last name on his birth certifiDoes his mom need to be okay with it this?
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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 »

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1 Answer | Asked in Adoption and Family Law for Florida on
Q: My son was adopted by a family friend 12 years ago and I just found out it was fake and fraudulent the entire time

When DCF came to me out of nowhere and asked if I can take him cause the family that has him cant handle him. I have the adoption papers as well. I haven't seen my son since he was 1yrs old. I could've had my son this entire time.

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Oct 11, 2022

Contact a lawyer as soon as possible to know if you can still move to reverse the adoption.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Husband wants to adopt my child whose biological father is no where to be found. What can I do?

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 »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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 »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Timesharing plan never made legal with court and the mom won't follow through and set a court date been a year now

We were never married and she just moved out last month. She wont set a mediation or court date and its been over a year and im stuck in limbo. They say I can't do anything because she was the petitioner. Can I just have her plan thrown out and started over with a new petition by me or what... Read more »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Oct 6, 2022

To ensure your child's safety and well-being, you must establish a timesharing plan with the court. You should consult with a family lawyer to determine the best way to proceed with your case.

1 Answer | Asked in Family Law for Florida on
Q: Do I have to disclose finances before paternity is established
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Sep 29, 2022

Yes. You will have to comply with mandatory disclosure. You need to fill out the financial data to determine future support.

1 Answer | Asked in Family Law on
Q: My 15 yo sons mother hasn't let me or my family contact him since July .never been married. Previous good relationship

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 »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If a child has been living with grandparents, but there is no legal custody arrangement, can grandparent deny the mother

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 »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
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.

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1 Answer | Asked in Divorce on
Q: If, spouse is out of country and can't be served papers. How to proceed?

Male separated from wife for 4 years can't serve divorce papers because she is out of country.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
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 »

2 Answers | Asked in Child Support, Social Security, Divorce and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Sep 19, 2022

File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.

Talk to your attorney to know how best to proceed.

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