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Questions Answered by Pamela J. Fero
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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1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: I had a TRO filed against me by a spiteful ex, if I have proof her claims are exaggerated/false will it be dismissed?

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... View More

Pamela J. Fero
Pamela J. Fero
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...
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1 Answer | Asked in Contracts, Divorce and Family Law for Florida on
Q: Is there a statute of limitations on recording a person without their consent?

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.

Pamela J. Fero
Pamela J. Fero
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... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: If you are doing an uncontested divorce. You’ve been married 18 years. Your spouse owns the house, but you’ve both been

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?

Pamela J. Fero
Pamela J. Fero
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...
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1 Answer | Asked in Divorce for Florida on
Q: Can I receive alimony in a relationship for 40 years not married
Pamela J. Fero
Pamela J. Fero
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...
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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
Pamela J. Fero
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.... View 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
Pamela J. Fero
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... View 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... View More

Pamela J. Fero
Pamela J. Fero
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... View More

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

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