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Questions Answered by Destardes Moore
3 Answers | Asked in Divorce, Contracts and Family Law for Florida on
Q: Can a divorce settlement include a clause preventing new partners from living in a house for sale?

In a mutual agreement divorce in which both parties have agreed on all terms and the only asset is a house listed for sale, can we include a clause in the divorce settlement that prevents either party from bringing a new partner to live in the house until the sale is finalized, even if the parties... View More

Destardes Moore
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Destardes Moore
answered on Apr 21, 2025

You may include that provision in the Settlement Agreement, but ensure it contains precise terms that clearly reflect both parties' intentions. Specific language regarding obligations, timelines, and remedies for non-compliance will help prevent future disputes and facilitate enforcement. I... View More

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3 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is one parent's consent enough for minor child counseling in Florida?

In Florida, do you need consent from both parents to send a minor child under 13 to counseling, or is one parent's consent enough? The parents never married, do not live together, and there is no court order for custody. The child has been with the mother since birth, and the father, who is on... View More

Destardes Moore
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Destardes Moore
answered on Apr 18, 2025

In Florida, the Mother's consent for the minor child to receive counseling is sufficient. Some providers may seek to obtain consent from both parents; however, if the Father does not have parental responsibility, providing the counselor with the child support order designating the Mother with... View More

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Can my 15-year-old refuse visitation with a noncustodial parent in Florida?

My 15-year-old daughter was ordered to have biweekly visitations with her noncustodial parent through a court order established in 2010. However, she has undergone therapy since 2021 due to highly volatile interactions, including threats and verbal abuse from the noncustodial parent aimed at both... View More

Destardes Moore
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Destardes Moore
answered on Apr 16, 2025

In Florida, a 15-year-old cannot unilaterally refuse court-ordered visitation, but the custodial parent can petition to modify the visitation order by demonstrating substantial changes in circumstances and showing that the current arrangement endangers the child's mental or emotional health.... View More

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3 Answers | Asked in Child Support and Family Law for Florida on
Q: Should I send my high-conflict ex medical bills for counseling co-pay despite potential conflict?

My child's father is court-ordered to pay child support and cover our child for medical expenses. I am responsible for the co-payment and must send the bills to him for reimbursement according to the court-ordered percentage. My child, who is 9, has recently started attending counseling, which... View More

Destardes Moore
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Destardes Moore
answered on Apr 16, 2025

The language of the court order is controlling. If it explicitly states that all medical expenses must be reimbursed, then yes, you would be entitled to reimbursement. However, sometimes orders contain restrictive language specifying which particular medical expenses require reimbursement.... View More

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5 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Am I entitled to half the proceeds from a house bought during marriage if not on the deed?

I am still legally married but have been separated from my husband for 4 years. We have not signed any agreements regarding our house, which was purchased during our marriage. I am not on the deed, and I plan to file for divorce this year. I need to know if I am entitled to receive half of the... View More

Destardes Moore
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Destardes Moore
answered on Mar 19, 2025

A home purchased during the marriage is typically considered marital property subject to equitable distribution, regardless of whose name is on the deed. The percentage you are entitled to receive is determined during the divorce process based on various factors. If your husband made mortgage... View More

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2 Answers | Asked in Family Law for Florida on
Q: How to go about adjusting time share agreement and location of court

Original time sharing case was set up in Brevard county, since both parents now live in Levy county. Order states mother has primary custody and father has visitation. As of October last year oldest child requested to live with his dad full time and visit mom. Mom agreed. We would like to get this... View More

Destardes Moore
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Destardes Moore
answered on Jan 15, 2025

To modify the existing Order, you would need to file a Supplemental Petition to Modify, which can be done electronically. If both parties agree, you may sign a Consent Order Modifying the Final Judgment and submit it to the Judicial Assistant for approval. If the court requires a hearing on the... View More

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What does reunification generally look like in Florida?

Father has been absent for 4 years (since birth) and now wants to petition for custody out of the blue. Is mental health counseling generally a part of the reunification plan? How long are the gradual steps for reunification? Will he ultimately get to 50/50 custody? I just want to understand whats... View More

Destardes Moore
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Destardes Moore
answered on Sep 17, 2024

Reunification varies based on the specific circumstances of each case. If mental health concerns are raised in the pleadings, evaluations may be ordered. Initially, supervised timesharing is often implemented when there is a significant gap in time, and the child is unfamiliar with the other... View More

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1 Answer | Asked in Family Law for Florida on
Q: Who can I call to see my daughter legally
Destardes Moore
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Destardes Moore
answered on Sep 4, 2024

The answer to your questions depends on the specific facts of your case. If there is a timesharing order in place, you must adhere to the terms of that order. If the opposing party is violating the order, you can file a motion for contempt in the same court where the order was issued. If no... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can I request temporary physical custody during emergency verified motion for child pick up order hearing?

Currently have physical custody of minor child which was obtained before the Notice of Hearing Before Magistrate.

Destardes Moore
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Destardes Moore
answered on Jun 24, 2024

Additional facts are needed. However, if there is an existing court order, it should specify who has majority timesharing. If no order is in place, the Judge will determine which parent will maintain temporary majority timesharing. Any request for temporary majority timesharing should be included... View More

2 Answers | Asked in Family Law for Florida on
Q: I have to fill out financial affidavit. I’m currently unemployed but I do hair at home would I list as self employment?

I do hair on and off at home would I list down as self employment but also submit a letter explaining unemployment?

Destardes Moore
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Destardes Moore
answered on May 22, 2024

In the financial affidavit, there's a dedicated section for reporting self-employment income. It's important to regularly estimate your monthly earnings and update your financial information accordingly. For guidance on your specific situation, consider consulting a family law attorney.

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4 Answers | Asked in Employment Law, Family Law, Civil Litigation and Personal Injury for Florida on
Q: What are my options for affordable or free legal representation without funds?

I need legal representation for a specific legal issue but I don't have the financial means to pay for it. What options do I have for obtaining affordable or free legal assistance?

Destardes Moore
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Destardes Moore
answered on May 20, 2025

You may contact legal aid or low-bono organizations for assistance. Alternatively, you can search online for attorneys who offer payment plans or sliding fee scales based on income.

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2 Answers | Asked in Divorce, Contracts, White Collar Crime, Family Law and Criminal Law for Florida on
Q: Ex-spouse noncompliance and forgery in mortgage loan modification.

My ex-spouse is failing to comply with the divorce agreement regarding our mortgage in Florida. Additionally, my signature and those of two witnesses were forged for a loan modification. I am worried about the financial and legal implications of these actions. What steps can I take to ensure the... View More

Destardes Moore
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Destardes Moore
answered on May 18, 2025

You may file a Motion to Enforce the divorce agreement and report the forgery to law enforcement. You may also pursue civil remedies related to the fraudulent loan modification. I recommend consulting with a local family law attorney to review the divorce agreement and evaluate any additional facts... View More

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3 Answers | Asked in Child Custody, Civil Litigation and Family Law for Florida on
Q: What can I do if the petitioner files a motion for custody change?

I have 74% custody of my child, and the petitioner, who has 26%, has filed a motion for a custody change. They believe they have reliable transportation and can work around the child's school schedule. However, the vehicle they refer to is not theirs, and their job is only available in the... View More

Destardes Moore
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Destardes Moore
answered on Apr 17, 2025

In Florida, you can move to dismiss a custody modification request if it was improperly filed as a motion instead of a supplemental petition. The parent seeking modification must show a substantial, material, and unanticipated change in circumstances. General life improvements, like better housing... View More

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2 Answers | Asked in Family Law for Florida on
Q: Do Florida Courts still have jurisdiction to modify Parenting Plan if the mother moved to another state?

Do Florida Courts still have jurisdiction to modify Parenting Plan if the mother moved to another state for more than 3 years

Destardes Moore
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Destardes Moore
answered on Nov 15, 2024

Yes, the Court typically retains jurisdiction over the parenting plan, and that jurisdiction remains in place unless and until the Court relinquishes it to another state. Generally, all motions or requests for modifications should continue to be filed in the Florida case until jurisdiction is... View More

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Do both parent have to file a Petition for Relocation or just the custodial parent who is going to move with the child?

If a non custodial parent moved to another state before a Dissolution of Marriage was done in Florida, did she/he need to file a Petition for Relocation? When is considered she/he moved, when done physically or legally change address?

Destardes Moore
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Destardes Moore
answered on Nov 15, 2024

The answer depends on when the parent moved, as a status quo order is typically in place at the start of a divorce case in Florida. If the move occurred while the case was pending, the moving parent should have filed a request for relocation. I recommend consulting an attorney to review the... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If my case was just closed and i want to file to reopen it can I do it pro se or am I still technically represented

I had a lawyer for the case but want to proceed pro se. If the case is closed can I just continue pro se. Do I need to ask attorney to withdraw or can I file a motion for substitution of counsel stating that I am now representing myself

Destardes Moore
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Destardes Moore
answered on Aug 7, 2024

If your case has been closed, you can reopen it without retaining an attorney for the new issue. You would file your document with the clerk of court pro se, and a motion for substitution would not be necessary.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi my ex spouse continues to violate our agreement, Do I have to open a new case? or can I file under the old case?

We have not been in court in some time

Destardes Moore
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Destardes Moore
answered on Aug 7, 2024

You wouldn't open a new case. You would file a motion in the same case, referencing the provisions in the order that your former spouse has violated, and stating the relief you are seeking.

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: My sons father relocated our son in violation of a temporary custody and status quo order and FS 61.13001, what do I do?
Destardes Moore
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Destardes Moore
answered on Mar 27, 2024

You can file a Motion for Civil Contempt and Return of Child. I suggest consulting with a local family law attorney to thoroughly review your case and determine the appropriate steps to take.

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2 Answers | Asked in Family Law for Florida on
Q: Establishing paternity case. If I was never married to ex is it still mandatory to provide long form financial affidavit

I have already provided, Credit card, Bank statements, W2s But my lawyer is also asking for a credit report. Everything I read on. This law states that it pertains to divorce or dissolution of marriage.

Destardes Moore
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Destardes Moore
answered on Nov 21, 2023

A financial affidavit is required in paternity cases. The long form financial affidavit is required if your individual gross income is $50,000 or more per year. If your gross income is less than $50,000, you can use the short form financial affidavit.

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1 Answer | Asked in Civil Litigation and Family Law for Florida on
Q: How do you find out if someone filled a court order against you? It would have to be a family member.
Destardes Moore
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Destardes Moore
answered on Sep 19, 2023

To find out if someone has filed a court case against you, particularly if it involves a family matter, you can search your name on the clerk of court website in the county where you reside or where the cause of action occurred. This should provide you with the necessary information.

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