Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Destardes Moore
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.

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
PREMIUM
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 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
PREMIUM
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: 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
PREMIUM
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
PREMIUM
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

View More Answers

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
PREMIUM
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.

View More Answers

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
PREMIUM
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 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
PREMIUM
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
PREMIUM
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.

View More Answers

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
PREMIUM
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... View 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... View More

Destardes Moore
PREMIUM
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

View More Answers

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
PREMIUM
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.

View More Answers

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... View More

Destardes Moore
PREMIUM
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.

View More Answers

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... View More

Destardes Moore
PREMIUM
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... View More

View More Answers

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
PREMIUM
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
PREMIUM
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
PREMIUM
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... View More

View More Answers

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
PREMIUM
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... View 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
PREMIUM
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.

View More Answers

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... View More

Destardes Moore
PREMIUM
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!

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.