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Questions Answered by Destardes Moore
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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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.

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How do I modify a Marriage Settlement Agreement when the Divorce is not finalized.

My wife and I agreed to a "short version" marriage settlement agreement back in Dec. 2022. I get 5 days/week timesharing with our son, she gets 2. The child support was based on this timesharing plan.

Since Dec. 2022, she has not seen our son once and the divorce is not final.... View More

Destardes Moore
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Destardes Moore
answered on Aug 12, 2023

Additional facts are necessary to determine the feasibility of proceeding with the entry of the final judgment. Factors to consider include the new law, distance between the parties' residences, income of the parties, and whether there are facts indicating that even two overnights per week... View More

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: what can I do If my sons father is keeping him From me and won’t give him back and I am the primary parent

My sons stays with me (his mother) I took him to stay with his dad for 2 weeks he was supposed to come back but it has been a month and his father will not send him back to me because I won’t let him get food stamps for my child because he stays with me

Destardes Moore
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Destardes Moore
answered on Aug 12, 2023

If you possess a court order granting you primary custody, you have the option to file a Motion for Civil Contempt/Enforcement. It's advisable to consult with a local attorney to review the precise details of your case. This will assist in determining whether alternative options may be viable.... View More

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I am a unmarried mother, resides in Florida, the child was born in the state of Colorado. Do I have full legal custody?

My child was born in Colorado, but my primary residence is Florida where the child and I live. Does the resident state laws apply or does the birth state laws apply to custody?

Destardes Moore
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Destardes Moore
answered on Aug 12, 2023

Additional facts are required to provide a comprehensive response to your inquiries. However, if the minor child has resided in the State of Florida for at least 6 months, Florida holds jurisdiction over the minor child, provided that no other state has asserted jurisdiction. Seeking advice from an... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My ex husband put soap in my child's mouth for cussing and my son told me and they live in g. A. What do I do?
Destardes Moore
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Destardes Moore
answered on Aug 12, 2023

If you suspect that the Father's disciplinary actions towards the minor child constitute abuse or neglect, it's advisable to contact the police and/or Child Protective Services. If there's a current court order in place, consider consulting with an attorney to determine if the... View More

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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... View 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... View 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... View More

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 Family Law for Florida on
Q: How do I establish my paternal rights in Florida? Never married, child born out-of-state, already on birth certificate.

My daughter's mother and I have never been married. We ended our relationship when our daughter was 1, she is now 9. The mother and I both currently live in Florida, but our daughter was born out-of-state. I am already on the out-of-state birth certificate as the father. I want to ask the... View More

Destardes Moore
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Destardes Moore
answered on Aug 14, 2023

You would file a Petition to Determine Paternity and For Related Relief in the county where the Mother and minor child reside. You should consult with an attorney regarding the specific facts that may be applicable to your case.

2 Answers | Asked in Family Law for Florida on
Q: After and over 10 years know guy is saying one or both kids could be his and not mine I been court ordered pay child sup
Destardes Moore
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Destardes Moore
answered on Aug 12, 2023

Additional facts are necessary to determine your available options. You might have the option of filing a Petition to Disestablish Paternity and seeking the termination of the child support obligation. However, it's advisable to consult with a family law attorney to assess the precise details... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Originally from PR. Never filed a CS claim. Currently in FL since 2013. Son moved in w/ me 6 yrs ago he is 20 now.

Father lives in PR. Always threaten me not to file for CS bcause he took care of our other 2 daughters now over 21. My son needs help for college. Should I file a claim in PR since in FL age is 18th and does not recognize college expenses and support after 18th? Can I file for back child support?

Destardes Moore
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Destardes Moore
answered on Jun 26, 2023

Based on the information provided, it appears unlikely that you can file a new case for child support in Florida. However, I recommend you consult with a local attorney who can assess your unique circumstances. Furthermore, it may be beneficial to consult with an attorney in Puerto Rico to... View More

1 Answer | Asked in Family Law, Divorce and Child Custody for Florida on
Q: Can I obtain an attorney to assist me with mediation so that I can just get my regular weekend visitation unmonitored.

This has been going on since the end of 2018 into 2019. My ex accused my mother of being under the influence of drugs (she was age 65) when she exchanged the children with him. He would stop me from seeing them if I didn't give him $300/month for child support. Unfortunately after he stopped... View More

Destardes Moore
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Destardes Moore
answered on Jun 17, 2023

You can retain an attorney to assist you with mediation. If that is the only proceeding you would like to retain an attorney for, then you would need to search for attorneys who offer limited-scope representation. Any allegations of abuse should be reported to the proper authorities. Consult with... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for Florida on
Q: I'd like to get information on obtaining a pro bono attorney for my case if possible.

I currently have a restraining order placed on me two years ago, but the other party has been contacted me, and even visited my apartment. I feel that the restraining order is unjustified,as the other party can't prove they fear for their life .

Destardes Moore
PREMIUM
Destardes Moore
answered on Jun 17, 2023

You may be able to file a Motion to Dissolve the Injunction. You should consult with an attorney regarding the specific facts of your case to determine if you meet the burden required to dissolve the injunction. Contact your local legal aid center for assistance.

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