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Questions Answered by Camila Martin
1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: I understand the parenting plan covers until child is 18. How long in advance (1yr,6mo?)are highly structured plans done

I get the plan covers until the children are 18. We have equal custody and do week to week. We alternate holidays and have a separate summer schedule. We use this schedule to plan our future trips. My ex only wants to establish this schedule 2-3 months in advance, however I would like a longer term... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

In a Divorce process, when a parenting plan is established, it is typically done for the duration of the child's minority and it is a plan that can be used from year to year. The Court will not keep a case open so you and the other parent can be changing the plan every few months. A parenting... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If I had a baby not being married, the father is not on birth certificate, do I have to let him see baby?

The father has not helped financially at all, he’s even questioned DNA, he has two other children from previous relationship and has nothing to do with them. I recently found out he now has another woman pregnant and also he’s on drugs and have proof.

Camila Martin
Camila Martin answered on Aug 27, 2021

If he has not been adjudicated the Father by a Court, he has no legal right to have timesharing with the child. He will have to file a Petition for Paternity in Court to be adjudicated the Father and request timesharing. At that point, you could present your evidence and witnesses regarding his... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Florida on
Q: Wife walked out on me and daughters

We - myself, my wife of 22 years, eldest daughter 21 and twin girls 16 - immigrated to St Augustine FL from South Africa in March 2020 via sponsorship by my brother. We all have permanent residence green card. A couple of months ago my wife got a new job and on the day the twins came home from... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

You should file a Petition for Dissolution of Marriage and request that the Court sets a timesharing with your daughters and their mother and establishes child support.

DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts...
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1 Answer | Asked in Divorce for Florida on
Q: Should I pay my ex half of e-file divorce?

Why does he need my new phone number? I got so he don’t contact me. He knows my address why do I have to confirm?

Can you confirm that your address is the same and your new phone number? Once I have the documents ready for your signature, I will give you a call or text to meet in a public place.

Camila Martin
Camila Martin answered on Aug 27, 2021

The petitioner filing the case is the person that pays the fees to the Court. You are not obligated to pay those fees but it is up to your discretion whether or not you wish to contribute to half the cost if it will help with a more amicable process.

DISCLAIMER: The answer provided here do...
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1 Answer | Asked in Divorce for Florida on
Q: What happens if you run out of money in a divorce case
Camila Martin
Camila Martin answered on Aug 27, 2021

You will have to be more specific on your question in order to be able to get a better response. If you run out of money because your assets are depleted, then the Court will have nothing to distribute among you and your spouse. If you run out of money and can no longer afford a lawyer, you will... Read more »

2 Answers | Asked in Divorce for Florida on
Q: I would like to know my rights as a grandmother

I have watched my granddaughter everyday sense she was born and provided everything for her except diapers and wipes. She is now three and her parents are getting a divorce.all of a sudden her mother texted me to tell me she would not be coming to drop her off anymore as she put her in day care.... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

The State of Florida does not grant grandparents any visitation or custody rights over their grandchildren. Unfortunately, you will only be able to see your grandchild when your son has visitations with the child. If your son is going through a divorce process, he should consult with an attorney so... Read more »

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2 Answers | Asked in Child Custody and Divorce for Florida on
Q: Good Morning, Looking for advice on divorce that includes spousal abandonment. What rights do I have?

Spouse abandoned the home in November 2020 and hasn't helped financially.

Camila Martin
Camila Martin answered on Aug 27, 2021

In Florida spousal abandonment is not a legal claim you make in Court. Florida is a "no-fault" state and either party can request the Court for a divorce if the marriage is "irretrievably broken." Depending on the years you were married and your particular financial situation,... Read more »

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3 Answers | Asked in Divorce for Florida on
Q: My wife walked out on me 3 months ago and left me with our daughters - please help

We immigrated to USA from South Africa in March 2020. My wife of 22 years got a new job and she has left me (having an affair with her new boss) and our twin daughters aged 16. She does not pay child support, she only drops of a few bags of groceries every month, estimate about $140 worth total... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

You should file a Petition for Dissolution of Marriage in the Court and request child support for your daughters. The Court will determine based on your income, your Wife's income and the timesharing each of you has with your daughters, the amount of child support that should be paid. You... Read more »

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3 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Florida on
Q: Can my ex husband stop by the house our children reside at when we have a court order that he gets supervised visits?

My ex and I are not together due to domestic battery. I had a restraining order for two years and was not able to renew it because he had not contacted me. Since his battery charge against me he has been arrested 3 times for battery and convicted once. He and I own the house that my children and I... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

If there is no restraining order currently in place, he is likely not in violation of a Court order by going to your house to give things to the children, unless there is another Court order that specifically prohibits him from doing so. When he goes with a police officer at least you should feel... Read more »

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: Regarding “non regular payments”

Hi there! I just had a quick question. I’ve been receiving child support for 8-9 years and I’ve never had this happen. My ex is paying his support, has been consistently for 3-4 years now. The payments have come in but the dept of child support is holding them. They said there’s a lock on my... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

You should call the department of child support and request to talk with someone that could give you information regarding your case and your child support payments.

DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts you...
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3 Answers | Asked in Divorce and Family Law for Florida on
Q: Does a lesser earning spouse pay alimony?

My spouse who earns double my income filed for alimony. Will I have to pay?

Camila Martin
Camila Martin answered on Aug 2, 2021

in Florida Alimony gets awarded by a judge based on one spouse's need for alimony and the other spouse's ability to pay it. Either spouse can request alimony, but that does not mean they will get it. It will all depend on your specific case and the party's need and income. If you are... Read more »

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1 Answer | Asked in Family Law, Adoption and Child Custody for Florida on
Q: So what forms do I need to terminate my ex's parental rights over our two children? My ex is for this!

My ex is in prison he has been there for a few years and will remain there for many more years the children will be in their late teens/adults when he gets out. He was never really involved in their life beforehand and is all for terminating his rights and allowing my husband to adopt children! My... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should consult with an attorney to determine if a Step-Parent Adoption can be done in your case. If you and the biological Father are in agreement with your husband adopting the children, there should not be any major issues with the adoption process.

DISCLAIMER: The answer provided...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: I'm 17 . parent is non compliant of a court order, I refuse to stay with my toxic mom, hasn't supported me is CO void

I've been living with my grandparents for almost 8 months. They've supported me 100%. Mom agreed and even threw me out ( step dad did to) one time. She is toxic emotionally and physically, to me. I lose interest in school and life in general. I'm 17, a Senior in high school have... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should have your father consult with an attorney to try to modify the current timesharing order so the Judge can make a determination of what is the best for you based on your current situation. Another alternative will be to file for emancipation, but you will need to meet all the statutory... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: Can I petition for custody of my grandson? Or at least try to get visitations established thru the court?

I had been raising my 6 1/2 grandson all his life. 100% by myself for the past 5 years with no help from his mother(my daughter) or his dad. 3 weeks ago his father showed up with his name finally on the B.C. & they also called DCF making outrageous false allegations concerning my 16yo son. The... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

You should consult with an attorney that can assist you after getting more information on your particular case. You could file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that... Read more »

1 Answer | Asked in Family Law and Immigration Law for Florida on
Q: What's can happen if my ex husband filed a opposition to the decision the magistrate made our marriage is dissolve?

He wasn't showed up and he new that was the final hearing and now he filed a petition against the magistrate 's decision and even wrote to USCIS after my i-751 was approved without him involved and i got my green card can that change anything on my case please?

Camila Martin
Camila Martin answered on Jul 29, 2021

In Family Court, a party can file exceptions to a Magistrate's report within ten days after the report is signed by the magistrate. Then the exceptions are heard by the Judge and a transcript must be provided so the Judge can make a determination on whether or not the exceptions will be... Read more »

2 Answers | Asked in Adoption, Child Custody and Divorce for Florida on
Q: Uncontested Divorce trying to be civil how to give step parent visitation without allowing them to adopt the child

Oldest child isnt biological the step parents kid. He has been going with his brothers since we split during timesharing with mom how to write that into paperwork without allowing him to be legally adopted his real mom abandoned him 11 years ago but is still on birth certificate I have paperwork... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

A step-parent typically does not have any right to have timesharing with a child that has not been legally adopted. In order for the step-parent to adopt a child, a Step-Parent adoption process would have to be initiated in Court and that requires the agreement of the biological parents or a... Read more »

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2 Answers | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?

I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

The situation you are in is very delicate and you should consult with an attorney that can assist you after getting more information on your particular case. You can try to go the route of dependency court if either parent or both parents have abandoned, abused, or neglected the child. You could... Read more »

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3 Answers | Asked in Divorce for Florida on
Q: I’m getting divorced, house is only in my name, I am selling ,paying husband off, does he have any say in the sale price

Mortgage is in my name I have made every payment, I did put him on the deed when I refinanced when realtor pulled the title she said my name was the only one on it but my ex is trying to tell me that he has just as much say as I do as far as price being excepted for selling

Camila Martin
Camila Martin answered on Jul 29, 2021

If the property is a Marital Property because it was purchased during the marriage or you added him to the title later on, which seems to be your case based on the facts provided, then your husband is entitled to a portion of the value of the property. Even if he is not on a title that was... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: If I don’t have a job right now and have been applying every day and can’t afford child support what do I do?

I paid a lumpsome payment to avoid my license getting suspended and the child support contact said it posted late and tore up our agreement we had without telling me weeks later.

Camila Martin
Camila Martin answered on Jul 29, 2021

I am not sure what you mean by the agreement was torn up, but if you are unable to continue making the child support payments, you should consult with an attorney to make a determination if you qualify to file a supplemental petition for modification of child support due to your current financial... Read more »

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4 Answers | Asked in Divorce and Family Law for Florida on
Q: Will my marital property belongs to me after divorce if my wife signs a paper to waive any property dispute?

We are in Florida. Today, my wife is aware that the house belongs to me, cause I bought it with my own money. But will the house be divided if we divorce in the future? The house is titled by myself only at the moment.

Does it help if my wife is willing to sign a paper (what kind of paper... Read more »

Camila Martin
Camila Martin answered on Jul 29, 2021

The document you will need to prepare in this case will be a post-nuptial agreement. As all my peers have stated, you should consult with an attorney and your wife will need to do the same before executing any documents waiving property rights. These issues are not to be taken lightly and a... Read more »

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