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Questions Answered by Destardes Moore
1 Answer | Asked in Divorce and Family Law for Florida on
Q: Divorce case I Already filed. I made a mistake letting the X sleep over, she didn’t have anywheres. How do I get her out

We were split for 7 months she had job and place to stay. Suddenly she was homeless, at my door. our 9 year old son cause wind of the situation. I allowed her to stay under strict circumstances/rules. Within a week she was unemployed. It’s been almost a year, I am going crazy. I need advice on... Read more »

Destardes Moore
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Destardes Moore
answered on Jun 6, 2023

If your Wife has been served and she has failed to respond to the Petition, you can file a motion for default. However, if she has responded, you will need to comply with mandatory disclosures and request a mediation date be set. Based on the information you have provided, it may be advisable to... Read more »

1 Answer | Asked in Family Law for Florida on
Q: In the State of Florida if a parent doesn't have contact with a child what is the time frame before terminating rights?

My ex-husband only has supervised visits and but he has not contacted our son by phone or any other form in a month

Destardes Moore
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Destardes Moore
answered on Apr 19, 2023

If you are seeking termination of parental rights pending adoption by your current spouse, you may reach out to the Father to see if he would be willing to sign a consent. Otherwise, in order for a court to terminate parental rights, there needs to be evidence of abandonment or neglect of the... Read more »

1 Answer | Asked in Family Law for Florida on
Q: The father was gone more than 60 days.

I filed in January but, didn’t know I can file a motion for default until March. Once, I filed I had until May but, it was answered but the father wasn’t present January-April. Can I still get a default?

Destardes Moore
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Destardes Moore
answered on Jun 1, 2023

If the Father has already answered, the clerk will not issue a default.

2 Answers | Asked in Family Law for Florida on
Q: If the petitioner fails to send mandatory financial affidavit to respondent, is that grounds for default or dismissal?

This is a family law case where Petitioner is seeking visitation and child support review. Petitioner has yet to send financial affidavit. I sent mine to him only for it to be returned to me because petitioner moved and has not provided respondent with updated address as required by court of law.... Read more »

Destardes Moore
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Destardes Moore
answered on May 31, 2023

I recommend speaking with a local family law attorney to determine if a motion for dismissal would be in your and the minor child(ren)'s best interest. If not, a motion to compel can be filed to request Petitioner's compliance. Ensure you comply with all local rules that may require... Read more »

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Going through a divorce. Can we rehome pets before divorce is finalized?
Destardes Moore
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Destardes Moore
answered on May 31, 2023

If both parties agree to rehome the pets, you should put the agreement in writing and have it signed by both parties. If you are unable to reach an agreement, you can bring the issue before the court by filing a pre-trial motion or wait until the Judge decides the issue at trial.

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1 Answer | Asked in Family Law for Florida on
Q: I am divorced over 17 yrs kept the married name but want to change to my Maiden surname.

I have 4 children all over 19 actually the youngest will be 20 this Nov. Who also want to change their last names to my Maiden name. I would like to know how we start. Florida residents. Thank you.

Destardes Moore
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Destardes Moore
answered on Sep 22, 2022

You would need to file a Petition for Change of Name (Adult). The Petition and Instructions can be obtained at the Clerk's office or online. Good luck!

2 Answers | Asked in Family Law for Florida on
Q: Can an attorney look over a parenting plan modification my ex-husband and I filled out to be sure it is done properly?

We are agree on all parts of the modification, he is relocating so we would like someone to just look it over to make sure all the proper Ts and I's are crossed and dotted.

Destardes Moore
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Destardes Moore
answered on Feb 14, 2022

Yes, you would likely need to coordinate a meeting beyond the scope of a consultation to ensure the Attorney has adequate time to thoroughly review the proposed agreement and provide further insight as to any recommended changes.

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1 Answer | Asked in Family Law for Florida on
Q: Is it legal for me to go get my child and bring her to my state of residency

I left Florida to better my lifestyle and environment of my child. I decided to leave her with her father for a couple of months and now for the third time, it’s time for me to go get her and her is telling me I am not allowed. Is this legal and what can I do to get her?

Destardes Moore
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Destardes Moore
answered on Jan 27, 2022

Additional facts are necessary to determine whether you are allowed to take the minor child out of the State of Florida. Are there any current Orders in place? Were you and the Father married at the time of conception? You will need to reach out to an attorney for a consultation to determine the... Read more »

3 Answers | Asked in Family Law for Florida on
Q: I have a 17-year-old who is going to be a father.

His girlfriend's mother wants their baby and told him he has no rights. What can I do so that if he wants to be in the child's life, which he does but he feels like it's hopeless, that he can not have this baby just adopted and they control what happens to the baby? He was in the... Read more »

Destardes Moore
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Destardes Moore
answered on Jan 16, 2022

He can register with the Putative Father Registry. http://www.floridahealth.gov/certificates/certificates/birth/Putative_Father/index.html

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3 Answers | Asked in Family Law and Child Support for Florida on
Q: How can I serve papers to a realtor company if it’s all virtual. There’s no physical address, can I send via email?

I am trying to get financial records, dad is a realtor and hiding money. I would like to subpoena so that I can have records for child support court

Destardes Moore
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Destardes Moore
answered on Oct 8, 2021

You would need to file a Notice of Intent to Serve Subpoena. If no objection is filed by the opposing party, you will then need to request the Clerk to issue the subpoena. Once issued, you can serve the registered agent of the business.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: I filed a supplemental petition for modification and my ex has not responded in the allotted time. What do I do next?

I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has... Read more »

Destardes Moore
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Destardes Moore
answered on Sep 15, 2021

You can file a Motion for Default with the Court. Once the default has been entered, contact your case manager to set the matter for trial or file a Motion to Set for Trial.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My husband and I used to be duel active duty military. I am still in, and he was discharged for drug abuse over a year

Ago. We have a two year old together. He has resided solely with me since he left us when he was 1 month old. My husband has not contributed financially in the past two years to my sons needs. He has recently had a second baby with another woman just this year. He is a narcissist, and diagnosed... Read more »

Destardes Moore
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Destardes Moore
answered on Jun 30, 2021

The Court will use the factors found in Florida Statute 61.13 to determine the best interests of the minor child. You can request the appointment of a social investigator if you believe the other parent is unfit to care for the child. The social investigator will investigate all of the facts of... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Help getting a Deadbeat dad to pay after never paying?

My son is 11 - his dad has never paid any child support, I live in Florida now with my son for 6 years, case is still ongoing he owes me over $50k, support order in place from NY, what can I do, at this point it seems hopeless.

Destardes Moore
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Destardes Moore
answered on Apr 30, 2021

Reach out to your local child support office and show them your New York child support order. They should help you enforce child support locally. Another option would be to file a private action in family court to domesticate and enforce the foreign (New York) order. Good luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: i wanted some one to look at my case because i don't know what to do. I just spent 8,000 on a lawyer and the other pers

please help

Destardes Moore
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Destardes Moore
answered on Dec 22, 2020

I’m not sure if your case is still pending or if your case has concluded. However, you can reach out to an attorney for a consultation and explain your legal issue more in-depth. Good Luck!

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If CP becomes unemployed in FL can the NCP obtain custody of the kids to support and move out state to GA?
Destardes Moore
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Destardes Moore
answered on Dec 22, 2020

If there is an Order in place, then the terms set forth in that Order will need to be followed as it pertains to timesharing and any modifications thereof. Usually, if the NCP has rights to the children pursuant to an Order, the NCP would need to file a Supplemental Petition to Modify Timesharing... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: What happens if the other party did not send me there financial affidavit to finish my child sport guidelines worksheet?

Do I just fill out my portion? And still file it?

Destardes Moore
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Destardes Moore
answered on Dec 15, 2020

When you attend the hearing the Judge or Magistrate will complete a child support guidelines worksheet for the case. Be sure to complete and file your financial affidavit prior to the hearing. Also, send the other party a letter requesting compliance with mandatory disclosures which includes... Read more »

2 Answers | Asked in Family Law for Florida on
Q: In the state of Florida After mediation the consent a final judgment is signed off by both parties does child support be

After mediation the consent of final judgment is signed off by both parties does child support begin on the date it is signed? Or after judge signs off?

Destardes Moore
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Destardes Moore
answered on Dec 15, 2020

Your agreement should state the date that child support begins. It is doesn't, file a Motion with the Court to establish the date.

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2 Answers | Asked in Family Law for Florida on
Q: After 14 years the biological father of my child is demanding that I tell him he has a biological father.

The biological father never claim rights to my child when he was a born and I was granted a restraining order against him for assaulting me after the birth. We went in front of a judge and he never even mentioned my son to the judge. My ex- husband stepped in and sign the birth certificate and has... Read more »

Destardes Moore
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Destardes Moore
answered on Dec 15, 2020

In Florida, if the biological Father wants to establish his rights he will need to file a Petition to Establish Paternity. He does not have any rights until he receives an Order from the Court. Good luck with everything!

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: My 1.5 year old son has my last name, but I am not on the birth certificate. How do I go about getting shared custody?

My son’s mother threatens to leave the state and never allow me to see him again. I want to be on the birth certificate and have shared custody. She does not cooperate.

Destardes Moore
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Destardes Moore
answered on Dec 1, 2020

You will need to file a Petition to Determine Paternity and For Related Relief. In the Petition, you can request timesharing and to have your name added to the birth certificate. The Instructions that accompany the Petition will list the additional documents that are required for filing. The... Read more »

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: I recently discovered my ex husband provided false documents during our child support final hearing. What do I do now?

My ex husband provided false financial documents to the court in order to evade paying back child support that he owed. He provided a different set of 1099’s, tax returns and commission payments to the court than what the IRS reflects. A final order for our child support case was entered in April... Read more »

Destardes Moore
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Destardes Moore
answered on Dec 1, 2020

I agree with the previous attorney. File a Motion to Set Aside the Final Order on the basis of Fraud. Also, request reimbursement for the amount paid to your Former Husband that exceeds the actual amount owed. Good Luck!

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