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Questions Answered by David Alfred Carroll
1 Answer | Asked in Divorce for Florida on
Q: My mother in law did a quick deed on property right before we got married. Can he legally kick me off his property?

If we get divorced do I have claim to property as well?

David Alfred Carroll
David Alfred Carroll answered on Feb 4, 2019

You will want to be with an experienced local divorce lawyer to help you understand all of your options. If your facts are accurate, he received the property in his name free and clear before the marriage making it his premarital property. It is possible that the quit claim deed was issued after... Read more »

1 Answer | Asked in Child Support for Florida on
Q: Where do I ask for child support Puerto Rico or in Florida?

My daughter of 17 move with me (I live in FL) and Puerto Rico court gave me her custody (Her mother in a voluntary way gave me the custody of the child). We did not establish Child Support. Where do I need to request Child support, In Florida or in Puerto Rico?

David Alfred Carroll
David Alfred Carroll answered on Jan 30, 2019

Child support in either place if you going through the Department of revenue. He can go to the local Florida Department of revenue child support enforcement office and their staff will guide you. Typically if the case must be litigated in Puerto Rico, then Florida will gather your information, and... Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: What happens in the case of two parents having a verbal agreement on 50/50 custody rights

Which both parent do except the father drops off the children to their mothers home on his weeks but only to sleep, dinner, showering them, homework and pjs on being already done before dropping them off?

David Alfred Carroll
David Alfred Carroll answered on Jan 30, 2019

Please look at Florida statute chapter 61.13 which outlines the factors and considerations the court will look at the making a determination of the appropriate parenting plan and time-sharing for the parents. A verbal agreement is fine as long as the parties continue to agree. It is better to have... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: I have custody of my kid for 6 years, now her mom wants to take her to SC to visit. What are my rights if she keeps her.

We got court custody of our granddaughter when she was 2 years old, she is now 9. Her birth mother has not had much to do with her, but now married and moved to SC, she would like to visit our daughter by taking her up there to SC. Our daughter has not lived anywhere but with us since she was... Read more »

David Alfred Carroll
David Alfred Carroll answered on Jan 30, 2019

A lot will depend on the actual language of your custody order. I suggest you meet with an experienced local family law attorney to review the order. The attorney can also help you come up with a written agreement between you and the birth mother outlining the details of the visitation. You don't... Read more »

1 Answer | Asked in Child Custody for Florida on
Q: A person has custodial guardianship in the "home state" in Virginia, the non custodial parent lives in Florida.

Can the custodial guardian just sign over custody when there is an ongoing court reunification that they havent been following. She stated either the non custodial parent takes them or they go to foster care. Is this possible?

David Alfred Carroll
David Alfred Carroll answered on Jan 30, 2019

Unfortunately have not really given enough information. Typically if there is an ongoing case plan, guardianship plan, or other court involvement regarding children, then that court must be involved in any change of custody/guardianship/care. When the child moves across state lines you must also... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Who is responsible for transportation for visitation and can lack of visitation/comm. be grounds for rights termination?

In my divorce decree, it does not state specifically only states "Transportation costs shall be agreed upon by the parties or left to the discretion of the court." My ex doesnt currently have a car. He also isn't paying child support and is $8000 in arrears. He lives 2 hours away. We have 4... Read more »

David Alfred Carroll
David Alfred Carroll answered on Jan 30, 2019

You should meet with an experienced local family law attorney. Preferably one who also has experience with stepparent adoptions. It seems like you would want to follow contempt of court for failure to pay child support. Ask the court to establish an arrearage amount of $8000 in Make him start... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I have 2 daughters.Was unmarried to their father.The girls and I reside in Florida for 7 months.I sent them for a visit

With their father over Christmas break.He decides to keep them and file for custody in his state.I have filed in Florida.Can I go to his home and retrieve them.Court dates have not been set.He filed Jan 3,I filed Jan 6.

David Alfred Carroll
David Alfred Carroll answered on Jan 30, 2019

You absolutely should contact an experienced local family law attorney. Preferably an attorney with a good record of fighting custody battles. You have issues of jurisdiction that need to be addressed. Typically living here for seven months would give Florida jurisdiction over the children and the... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Father died a week ago. His spouse died 4 years ago. I am his only biological child.

My aunt has attempted to complete funeral directions without telling the funeral home i existed. Signed paperwork and even had my other aunt make a payment before i contacted funeral home and took over. My aunt has taken my fathers key ring with house keys and vehicle keys and also removed my... Read more »

David Alfred Carroll
David Alfred Carroll answered on Jan 30, 2019

I would strongly encourage you to hire a probate lawyer immediately. Hopefully there is a will. As a child you will have certain rights whether there was a will or not. You need help with an experienced local probate attorney and you should contact one immediately.

Wishing you all the best....
Read more »

1 Answer | Asked in Family Law for Florida on
Q: In family law, are letters between the two parties attorneys admissible in future court proceedings?

My ex wife and I modified our dissolution agreement in 2016. Prior to signing the modification our attorneys sent official letters back and forth, one of which has my ex wife's attorney agreeing to the rotating of the minor children for tax purposes once the oldest turned 18. Once we agreed to this... Read more »

David Alfred Carroll
David Alfred Carroll answered on Jan 30, 2019

It is best that you speak with your lawyer with these questions. Your lawyer will have the specifics and details of the communications, and the timing of the communications in relation to any judgments. Your lawyer is in the best position to advise you. Please share your concerns with your lawyer.... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Is it not a conflict of interest to represent one parent in a dependency case and also represent the grandparent

With whom the child lives with

David Alfred Carroll
David Alfred Carroll answered on Jan 30, 2019

The grandparents are not a party to the dependency case. The parents, DCFS, Guardian ad litem, and the child are the parties to the case. It is not automatically a conflict of interest for a lawyer to work with the grandparents and the parent. However, if their issues are opposed then it would be a... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Can obligee have cs taken by the State of Fl for some reason? Ex says FL is keeping her cs. Or is she lying to get mo $?

Can the obligee parent have child support taken by the State of Florida for some reason? They are taking it from my check, so where is it going? Or is she lying about not getting it just to get more money out of me?

David Alfred Carroll
David Alfred Carroll answered on Jan 28, 2019

You can contact the Florida Department of Revenue directly to see how the money you are paying is being handled. Typically, child support belongs to the child. Therefore, it cannot be interfered with by the court. However there are many exceptions when it comes down to child support, and it may be... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: if Neice is using legal aid with a lawyer and Nephew needs legal represtation . what resources are available for him
David Alfred Carroll
David Alfred Carroll answered on Jan 28, 2019

Please re-ask the question with additional information. Are you speaking of legal aid for a divorce, custody, child support, or other issue. Anyone can apply for help with legal aid, however the delay has its own criteria for who they approve. It is not clear whether the niece and nephew are... Read more »

1 Answer | Asked in Family Law for Florida on
Q: why should my special needs daughter be court ordered to spend the weekends with her father who lives 10 hours away?

She has a rare genetic disorder which involves non verbal, physical disabilities, mental disabilities and is epileptic. He has never cared for her before.

he was emotionally and physically abusive to me and we were never married. I fled Nashville, Tn because of threats from him if I... Read more »

David Alfred Carroll
David Alfred Carroll answered on Jan 28, 2019

You should discuss this with an experienced local family law attorney. If your case is already pending in the other state, then you should speak with an attorney there. It sounds like you have very serious concerns about the Father's care or inability to care for the children which causes your... Read more »

1 Answer | Asked in Family Law for Florida on
Q: i live in florida and i was wondering, if a 17 year old were to run away, what can the parent to do make them come home.

I'm 17 years old, and in need of a way out of my current home situation. I turn 18 in 8 months, and am aware that legally i can not move out until then without a parents permission, but i was wondering if i were to "run away" what power would my parents have to force me to come home. I know that in... Read more »

David Alfred Carroll
David Alfred Carroll answered on Jan 28, 2019

You have eight months remaining to live at home. You need to think through what is involved with living on your own. in almost every single situation is detrimental to move out of your home earlier than you need to. Take this time to save money, gather information, research living situations, so... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My kids were taken December 19th and I am trying to get them back. But I haven't been told my case plan.

The cps investigator doesn't return my calls, I was supposed to go to a cpc today and they didn't have it scheduled, I was also supposed to have a visit with my son and no one contacted me back about ot either. I just want to know what I should do. They took my kids without telling me. I was in the... Read more »

David Alfred Carroll
David Alfred Carroll answered on Jan 28, 2019

You are telling us that DCF took your children and still have them outside of your possession. In order to do that they must have filed a case with the court. You have a right to be represented by lawyer in your case or to have one appointed to you if you cannot afford your own. You should go to... Read more »

1 Answer | Asked in Family Law for Florida on
Q: have a son I signed the birth certificate but biologically he isnt mine can i motion for paternity test (never married)

Found out via spermicide i can't have kids without fertility

David Alfred Carroll
David Alfred Carroll answered on Jan 28, 2019

There is a provision to challenge paternity if you get a DNA results saying you are not the biological parent. However, you must act within a very limiter period of time (about 90 days) of learning from DNA results that you are not the father. Please see Florida statute 742.18.

I hope this...
Read more »

1 Answer | Asked in Family Law for Florida on
Q: Does someone have parental rights if they did not sign the birth certificate nor were married ? Any to sign over?

My baby’s father has not been in the picture since i found out i was pregnant. He said he wanted to sign his rights over. Does he have rights? Department of Children and Families are trying to go after him for child support.. I don’t honestly care about the money, just want to make sure he... Read more »

David Alfred Carroll
David Alfred Carroll answered on Jan 28, 2019

When a child is born out of wedlock, the mother is the only natural legal guardian of the child. The Father must go to court to establish his rights. He can also register with the putative father registry to help secure or his intentions of asserting paternity. He does still have some legal rights... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: I haven’t seen my kids in months, mother will not let me see them, we don’t currently have a agreement in place

I fear for my children’s well being, I have a video of my child saying he wants to die and kill himself because of their mothers abuse, please help me

David Alfred Carroll
David Alfred Carroll answered on Jan 28, 2019

If you strongly believe your child is in danger, then you may want to reach out to the Florida Department of Children and Families for help. You make a report to the phone number 1-800-96ABUSE. Getting DCF involved can be good or bad and you need to independently waive those options and see what's... Read more »

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Husband used for divorce after living in Oklahoma for more than 6 months for work purposes. I never lived there.

He filed for divorce I am trying to find out how to file for a Change of Venue to have the case sent back to Florida where we resided as a couple and I still do. He doesn't help me with anything financially and I am on disability, can't afford to pay a lawyer for help. Being that I'm trying to do... Read more »

David Alfred Carroll
David Alfred Carroll answered on Jan 28, 2019

You should speak with an experienced local family law attorney. You have an issue of jurisdiction. Unless you fall within the long arm jurisdiction under some exception, then Oklahoma does not have jurisdiction over you. It will have jurisdiction over your "divorce/marriage" but not over the issues... Read more »

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