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Questions Answered by Madeline Pichardo-Riestra
1 Answer | Asked in Child Custody for Florida on
Q: We asked custody of a child in NY, and now they want a home study to give us the permanent custody. I live in Fl

The court put the kids on foster home and now they gave the parents under supervision for 12 months the 2 other children. We applied for the permanent custody of 3 children but the judge will give us the permanent custody of the oldest one but they need a home study. I don't understand this,... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

The court may request a home study for the best interest of the child, specially if the child is leaving the NY jurisdiction. I suggest that you schedule a consult with a family law/dependency attorney to answer your questions in detail.

1 Answer | Asked in Criminal Law for Florida on
Q: hey can you help? I found my dad as a kid wearing a dress and he somehow got ahold of all my money. Andthinksitslegal
Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

I am sorry but I am not understanding your question.

1 Answer | Asked in Criminal Law and Internet Law for Florida on
Q: I do independent journalism as a hobby and now being accused of trying to undermine someone's lawsuit.

I sent an email to do a story for an anonymous person who is suing to have documents released in vero beach, Florida. After about 2 emails, they accused me of trying to undermine their case and have forwarded the emails to their lawyer. Then they said they contacted the authorities and sent my... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

I highly suggest you schedule a consult with an attorney. Bring to the consult all of the evidence to help them understand your case with specific details.

1 Answer | Asked in Criminal Law for Florida on
Q: How can I clear up a probation violation from 2008 in a state I no longer live in.

I pleaded no contest to a DUI in Florida in 2007 and received probation. During my probation, two weeks before I moved to Ohio I violated the probation for a possession of paraphernalia. I never received a court date for the violation so when my probation ended I thought the issue was resolved.... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

I seriously recommend you hire a Criminal Defense Attorney in Florida.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I was in a tight situation so I signed temporary guardianship of my child to a close family relative.

In 2009 I lost custody of my first child. My second child was sick often would miss school and I would sometimes forget to put in the excused abcense in book bag. I hit the allowed unexcused days missed limit got a letter. I signed and notarized temp guardian over a week later. I agreed to get... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

The Courts will always have the best interest of the child. Having a consultation with a family law/dependency attorney would be your best route.

1 Answer | Asked in Child Custody for Florida on
Q: Should you have to complete a case plan for a dependency case if your child neglect case was dropped due to false info

My home was raided because they thought we were selling and manufacturing drugs which we were not.when they realized they they had no manufacturing,or selling charge,not even a possession charge they turned it into a child neglect charge.all of the accusations they listed for child neglect were... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

Until any court dismisses your case, you will need to continue and comply with the case plan. I suggest scheduling a consult with a family/dependency attorney who would be better suited to help you with your case.

1 Answer | Asked in Domestic Violence for Florida on
Q: My 15 year old son has 6 domestic battery charges from assaulting me I fear him how can I get him out of my house

He has bruised his 6 yr old brother and destroyed walls and doors does drugs and alcohol they give him home detention he broke that then ankle monitor he cut that off now he’s in JDC for 21 days and I HAVE TO PICK HIM UP OR I GOTO jail never been there don’t deserve to go for not picking up my... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

One route is to file an injunction to keep him away from you. Also, if he has an open criminal case, the judge more likely than not, have requested him to be away from you, your house, your place of employment, etc.

1 Answer | Asked in Child Support for Florida on
Q: My ex boyfriend lied saying he didnt know my child wasnt his when he signed the birth certificate. But he did know

Now he is sueing me so he doesn't have to pay child support

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

There are a few courses of action that you could take, but I suggest that you schedule a consult with a family law attorney to represent you in this matter.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Florida on
Q: Can my father and fathers girlfriend file abandonment against me if we had signed and notarized temporary guardianship?

I originally was in the home with my son at my fathers. But he accused me of being high after my aunt whom raised me and was super close to me passed away. He smacked me in front of my son and threw me out and wouldn't let me take my son with me. Later that day he let me back in and well we... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

Taking a parent's right is not as easy as it sounds, but it is a serious and complicated matter. If the hearing is in Florida, I suggest that you consult and hire a family law attorney who will be able to help you.

1 Answer | Asked in Child Support for Florida on
Q: How do I submit a lower tribunal order of insolvency for a child support appeal. I can't even find a document to submit.
Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

Some clerk offices have blank documents, but your best course of action would be to hire a family law attorney.

2 Answers | Asked in Criminal Law for Florida on
Q: a clothing store is accusing my niece of stealing some items what can she do?

She used a reusable bag to put some items since she is environmentally conscious. She was not done shopping yet , when a tall man approached her and said that she left the store without paying. My niece says she thinks she was still inside the store, they took her to a room took her purse and... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

I agree with the answer above. I highly suggest your niece speak with a Criminal Defense Attorney as soon as possible.

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2 Answers | Asked in Criminal Law for Florida on
Q: What its This court order final Date Filed: 11/02/2018 Date Closed: 01/06/2020 Warrant A

For my houspen

Date Filed: 11/02/2018

Date Closed: 01/06/2020

Stay Due Date: 01/06/2022

Bfile Section: F017

File Location: COURT

Thanks

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

I am sorry, but I am not understanding your question. Maybe try to rephrase it?

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2 Answers | Asked in Family Law and Immigration Law for Florida on
Q: Attempting to immigrate to Israel. My birth certificate lacks my late father's name. I need to prove paternity in court.

In order to immigrate to Israel, I need legal evidence from the court or department of vital statistics affirming that my father is indeed my biological father. Both my parents are deceased. I have collected extensive evidence thus far, including my father's will which names me explicitly as his... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

This case appears to be very complicated. I would highly recommend contacting an immigration attorney.

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2 Answers | Asked in Child Custody for Florida on
Q: Parents live in different counties. Mom denies access to 4 mo old son. In which county should I file for joint custody?

I was originally told that I was not the father. 4 moths later a Home dna test confirmed I’m the father but the mom denies access to my son outside of her presence. I’ve already been robbed of 4 months of his life that I can’t get back. I’d like to build a bond with my son away from her.... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

They way to start is by filing for paternity, then the custody, time sharing, and child support will follow. But I highly suggest that you hire a Family Law Attorney because this could take time and the process gets complicated.

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3 Answers | Asked in Criminal Law and DUI / DWI for Florida on
Q: I was charged with reckless driving reduced from DUI back in 2012. Is there a way to get it wiped from my record now

It was my first offense. I've heard of cases where they offer a clean record after completing court appointed classes and fines. I was not offered this. Is there anyway to fix this now?

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

It depends. As mentioned above, if it was a withhold of adjudication, and no prior sealed or expunged case, you may be eligible to record sealing or expungement. Contact a Criminal Defense Attorney to help you with the process.

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2 Answers | Asked in Criminal Law for Florida on
Q: If a person was charge for a crime he committed two days prior. And the court records say he did it on the 27th..

but, the actual crime took place on the 24th, would he still be responsible.. meaning.. if you punched someone on the 24th.. but the court records for years say your crime took place on the 27th.. Do you have a case to set the record straight and sue for false records of being accused on the wrong... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

It depends. Schedule an initial consult with a criminal defense attorney and they may be able to guide you in the right direction.

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2 Answers | Asked in Criminal Law for Florida on
Q: My boyfriend is on state felony probation we live here in Florida he is on two different counties but combined toghther

He failed his UA goes back in tomorrow is he going to jail his po said she was going to recommend drug classes what is most likely going to happened

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

I agree with the answer above. Also, if he has a criminal defense attorney, he should talk to them and ask what's the best course of action to take.

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2 Answers | Asked in Criminal Law for Florida on
Q: If I committed a crime in 2006 which criminal severity guideline must the prosecution use when calculating my points?

I’m charged with a crime and I believe the prosecution is deliberately giving me more points than I suppose to have by scoring my priors under the 2018-2019 offense severity chart which is giving me more points, instead of using the chart that was in use on my priors.

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

The calculation is based on priors, severity, and the time of the alleged crime. If you have a Criminal Defense attorney representing you, he should be able to explain it in detail. If you do not have an attorney, I suggest you hire one.

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3 Answers | Asked in Family Law for Florida on
Q: Where can I find case law on an underemployed husband trying to reduce child support?
Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

Try Google, or hiring an attorney.

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2 Answers | Asked in Divorce for Florida on
Q: 23 months into Divorce & still no final judgement hearing

In process of divorce in Florida (Osceola County). Been dragging out for 23 months. All agreements have been signed by both parties and by the judge. All agreements reached 6 months ago. Soon to be ex-wife's lawyer said just need final hearing and done. I do not have an attorney. There has been no... Read more »

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra answered on Jan 15, 2020

I agree with the answer above.

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