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.
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 
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
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
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
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?
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
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
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
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
My ex-husband only has supervised visits and but he has not contacted our son by phone or any other form in a month
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
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.
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.
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
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.
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
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?
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
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
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
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 .
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.
He has been absent for nearly her entire life (almost 9 years). Looking into child support/back pay. He has moved out of state now and I am to be wed next spring and would like my future husband to adopt her. Looking for any advice on the first steps and the best way to go about this.
answered on Jun 17, 2023
In Florida, in order for an unmarried biological Father to have parental rights, the Father would need to file an action with the Court to establish paternity. Consult with an attorney to determine what type of notice the biological father is entitled to as it pertains to the step parent adoption.
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?
answered on Jun 1, 2023
If the Father has already answered, the clerk will not issue a default.
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.... View More
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... View More
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.
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.
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!
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.
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.
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?
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
