Get free answers to your legal questions from lawyers in your area.
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... View 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... View More
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.
answered on Oct 11, 2022
Contact a lawyer as soon as possible to know if you can still move to reverse the adoption.
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... View 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... View More
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... View More
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.
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.
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... View 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... View 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... View More
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.
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.
If a parent were to do/say things that caused their child to try and take their own life, not cater to their mental needs, ignore certain diagnoses, lock the fridge at night and frequently forget to unlock it, and occasionally behave violently towards said child, would such things be considered... View More
answered on Aug 31, 2022
In Florida, it is considered child abuse if:
-A person intentionally inflicts physical or mental injury upon a child.
-A person intentionally makes actions that could result in physical or mental injury to a child.
-A person encourages someone to commit an act that causes or... View More
answered on Aug 24, 2022
If there is a court-ordered parenting plan in place, you can file a motion for modification. If the mother is proved unfit to take care of the child, the court may grant you more time or sole parental responsibility. Talk with a family lawyer to know how best to proceed.
care. My grandma has power of attorney over me. I live in florida and I dont know if I can but I really need to leave here.
answered on Aug 23, 2022
You can be legally emancipated by a court before the age of 18 if you can support yourself. You can show proof of sufficient income to cover your living expenses and daily necessities.
However, it is most practical if you sit with your legal guardians and obtain their permission.
My son told his dad he has a problem with the drinking at his dads, his dad told him there’s no drinking though. My son told him he doesn’t want to go to his house and his dad told him “to bad there’s a court order “
WE HAVE A PARENTING PLAN SORRY NOT A COURT ORDER.
answered on Aug 12, 2022
Do whatever it takes to encourage your child to maintain a relationship with his father. Inform your ex that his behavior affecting your son and try to work things out. If all efforts fail, consult with your attorney to determine the best way to proceed.
answered on Aug 11, 2022
If both you and the other parent agree to the modification, you can speak with your respective lawyers and have them draft a new parenting plan that you can submit to the judge for approval.
If the other parent disagrees, you can file a petition for modification. You must convince the court... View More
We lived together, she left and then this happened. She’s already broken windows and super glued my gas cap shut.
answered on Aug 9, 2022
The respondent can file a motion to modify or remove a restraining order if he/she proves that the circumstances that granted the injunction no longer exist. It's up to the judge's decision to remove the injunction. If the judge finds the petitioner is no longer in danger, the injunction... View More
I have had custody for 2 years. My sister is a drug user who was in a dangerous position and we got my Neice. My husband and I want to adopt her but do not know where to start? Do we need an attorney? She’s in agreement (at the moment). She’s had no physical contact with her in months. She goes... View More
answered on Aug 5, 2022
Here's what you need to do:
1. Fill out the petition and send it to the Circuit County Court in the county where you live.
2. Obtain the mother's permission. If the parent is emotionally or financially unfit, or if the parent has abandoned the child, Florida law may allow... View More
She is an illegal immigrant and has lied and cheated on me with my ex-husband and is trying to use me to get a greencard. I don't have much money will have to file things myself.
answered on Aug 3, 2022
A prenuptial agreement should be completed before the marriage. You can, however, sign a postnuptial agreement after getting married. It works the same as prenuptial agreement.
Has taken most of belongs from home. Has vehicle at know drug house and tag in my name. And says car has been towed. Lied to issue a temporary injunction on me. Is clearly on drugs. And a lot more that has happened
answered on Jul 18, 2022
Can you locate your wife or not?
You can file for divorce by publication if you have exhausted all efforts to locate your wife. You must prove that you made genuine efforts to locate your wife but turned to be fruitless. Prepare a dissolution of marriage notice for publication and get it... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.