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Questions Answered by Destardes Moore
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

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?
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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
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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.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: If my child's paternal father did not sign the birth certificate in FL, does he have any rights?

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.

Destardes Moore
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Destardes Moore
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.

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.... View 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... View 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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