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Questions Answered by Pamela J. Fero
1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I ask a court to modify a already existing parenting plan
Pamela J. Fero
Pamela J. Fero
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...
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1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Is there anyway to get a temporary injunction for protection against domestic violence with minor children lifted?

We lived together, she left and then this happened. She’s already broken windows and super glued my gas cap shut.

Pamela J. Fero
Pamela J. Fero
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

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: How do I adopt a child I’ve had custody of for 2 years?

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

Pamela J. Fero
Pamela J. Fero
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...
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1 Answer | Asked in Divorce and Immigration Law for Florida on
Q: Is it legal to ask her to sign a prenuptial after marriage and then file for divorce a couple weeks later

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.

Pamela J. Fero
Pamela J. Fero
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.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: How to approach a divorce with wife when she has walked out on me and our kids won't hardly even speak to children

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

Pamela J. Fero
Pamela J. Fero
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...
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1 Answer | Asked in Family Law for Florida on
Q: My parents offered me $10000 for me to sign my child over to them in Florida. Did they break any laws?

I have full custody of my son. I had housing issues and my parents would not allow me to live with them but offered to take in my son. They had him for several months and now my housing situation has changed. I went to pick him up and they said they plan to file custody papers because they have... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2022

Most definitely, your parents cannot buy parental rights. Grandparents can file temporary custody/guardianship as long as they can prove that it is for the child's best interest. But if their offer is made known to the court, it would end badly for them.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can my 12 year old daughter decide to live with me the mother rather than her grandmother the father's mother?

We went to court and he got primary custody because it was in the middle of school year he now left to work out of state and left her with his mother to live .his wife did not want for her to stay in their home. My daughter does not want to be with grandmother and the school year is about to start... View More

Pamela J. Fero
Pamela J. Fero
answered on Jun 30, 2022

You can file a petition for modification as long as you prove it's for the child's best interest to live with you. Act the soonest.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: I need to know what to do to get my child back in my life back in my custody
Pamela J. Fero
Pamela J. Fero
answered on Jun 24, 2022

Contact a family lawyer to know if you can request for a child custody re-evaluation. You will need to proof that getting your child back is in his/her best interest.

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3 Answers | Asked in Child Custody and Family Law for Florida on
Q: What if my ex has full physical custody of our 16 year old son but now is trying to force me to take him?

My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I... View More

Pamela J. Fero
Pamela J. Fero
answered on Jun 24, 2022

File a Motion for Contempt.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I pick my daughter up from her dad's and bring her home if he is refusing to return her home.?

We are legally married but have been separated and living in different states for 3+years(almost 4). He has seen his daughter 3 times since. He asked to have her for the summer. She has special disability and all of her specialists are down here. She also needs MRIs and other important appointments... View More

Pamela J. Fero
Pamela J. Fero
answered on Jun 9, 2022

Contact a family law attorney in your area as soon as possible. You may need to file an emergency Motion for Return of Minor Child.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: If I'm in jail no income by law can they make me pay my x child support and received no SSI. For 2 mths
Pamela J. Fero
Pamela J. Fero
answered on May 27, 2022

You still have to pay your child support even for the time that you are in jail or prison. Imprisonment is unquestionably a "substantial change in circumstances," which means you will be unable to earn an income to pay child support. However, the law in Florida upholds that it is still in... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My ex husband has been doing weird things while the girls are visiting him. Latest thing is putting a gun to our daughte

My ex husband has been doing weird things while the girls are visiting him. Latest thing is putting a gun to our daughters leg while laughing after a disagreement they had over breakfast ( I have actual pictures of the gun to her leg). My daughter expressed she does not feel comfortable going... View More

Pamela J. Fero
Pamela J. Fero
answered on Apr 19, 2022

Do you wish to deny visitation to protect your child's safety? If so, you must be able to present solid and sufficient proof that he is a danger to your children in order to legally take them away from him. Contact a local Family attorney to get the best help you need with your issue.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: if i were to file for termination of parental rights to a parent who was never really there would the judge grant it

if i were to file for disestablishment of paternity or closing of a child support case and can prove that the bio dad has had nothing to do with her the last about to be 10 years would they terminate his parental right?

Pamela J. Fero
Pamela J. Fero
answered on Apr 15, 2022

If a court has determined that the child is dependent and a case plan has been submitted, but the child continues to be abused, neglected, or abandoned, the father's rights might be terminated.

2 Answers | Asked in Civil Litigation, Family Law, Identity Theft and Divorce for Florida on
Q: Family law

How to get divorce from abusing , controlling husband and stay in my own house with my children .

Pamela J. Fero
Pamela J. Fero
answered on Mar 4, 2022

Section 741.30 of the Florida Statutes allows you to seek an injunction to protect yourself from domestic violence. If approved, it may allow you to stay in the house and keep him away from you and the house. You should research this Statute and confer with your local attorney.

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1 Answer | Asked in Divorce for Florida on
Q: Do i have to domesticate my foreign divorce in florida?

I'm a us citizen and my wife a 10 years green holder. We got maried in Morocco and dicorced in Morocco after 5 years of marriage with no kids and no assets. My question is does florida recongnise this divorce(final divorce no apeal) and we were both present at court during the divorce process.

Pamela J. Fero
Pamela J. Fero
answered on Feb 27, 2022

Divorce final judgments from different states or countries are termed "foreign" judgements under Florida law. To have Florida recognize and ultimately enforce a foreign divorce judgment, you must first petition the court to "domesticate" the Final Judgment.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I was ordered to pay child support with no paternity, and name was on birth certificate without being present or concent
Pamela J. Fero
Pamela J. Fero
answered on Feb 1, 2022

Having a name on a birth certificate does not establish paternity. Paternity can be established either voluntarily or by a judicial order. Refusing to sign a paternity statement will not absolve you of the obligation to pay child support. If you do not willingly sign a paternity statement, the... View More

1 Answer | Asked in Consumer Law, Contracts, Family Law and Health Care Law for Florida on
Q: Is it possible to revoke my consent for treatment from a Psychiatrist

I hired a new Psychiatrist for my son who suffers from an active Psychosis but don't agree with him, I want to find a new Psychiatrist and revoke consent from this one

Pamela J. Fero
Pamela J. Fero
answered on Feb 1, 2022

A person has a constitutional right to refuse medication and other forms of medical treatment, which includes parents' rights to refuse to allow their children to be medicated. However, there are several practical considerations to keep in mind.

Talk to a Health Care Lawyer for more information.

1 Answer | Asked in Family Law, Civil Rights and Legal Malpractice for Florida on
Q: My lawyer is violating my right to adequate representation of counsel over a year with no communication

Lawyer has no returning any of my attempts to contact and correspond also has not been present at league proceedings

Pamela J. Fero
Pamela J. Fero
answered on Feb 1, 2022

If you believe you have exhausted all efforts to contact and discuss your issues with your attorney and they are still not responding or unwilling to settle, you have the option of hiring another lawyer. However, keep in mind that if you terminate a lawyer, you may be charged for the amount of work... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Dad to oldest daughter is intentionally keeping her from speaking to me or letting her visit. What can I do?

My ex and I have raised my daughter for the last nine years. Her dad hasn't had anything to do with her unless he was trying to get a girlfriend then he wanted to play father of the year. At first we forced her to go with him when he wanted her but as she got older and actually understood that... View More

Pamela J. Fero
Pamela J. Fero
answered on Jan 31, 2022

I assume you have a signed agreement on custody and parenting plan. If so, not letting you see your daughter is already a violation to that. Consult with a local Family Law Attorney to help you file child custody modification to get her back and protect her from him (as you said, he had history... View More

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Civil Rights for Florida on
Q: My boyfriend in prison he has covid do I need a lawyer

My boyfriend was rushed to a hospital with covid it’s no medical release on file nobody telling his family anything we in the blind on how we doing the are refusing phone calls and not allowing us to know anything about him do I need to get a lawyer to get information on him or what it’s been... View More

Pamela J. Fero
Pamela J. Fero
answered on Jan 27, 2022

Contact a local attorney to learn how you can get compassionate release or temporary medical release for your boyfriend.

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