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Questions Answered by Sabina Tomshinsky
1 Answer | Asked in Family Law for Florida on
Q: My 16 year old son came to me and said he doesn't want live with his mom anymore. Does he have a say?
Sabina Tomshinsky
Sabina Tomshinsky answered on Jun 21, 2017

No. However, should you pursue a modification action, you may also file a motion for the Court to authorize an in camera testimony of the minor child as to his preference. So a minor cannot just be brought to Court to express his time-sharing preference but a Court may allow such testimony based on... Read more »

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for Florida on
Q: i have a child with someone in fl, in a new relationship and have a newborn. Can we move for a better job opportunity?

My first child's father we were never married or have any court plans in act I've read that if I wanted to leave I would not be violating fl law because there's no court papers for visitation! I'm with my fiancée now and we have a newborn and getting married soon and we have better job... Read more »

Sabina Tomshinsky
Sabina Tomshinsky answered on Jun 21, 2017

Based on your post, it appears that you will be able to move as the father of your first child has no rights to the child. However, please be aware that in the event he files a paternity action within 6 months of your move, you may be required to return the child to Florida.

1 Answer | Asked in Family Law for Florida on
Q: Can the father of my children take my kids without a court order?

We where never married and the children have been living with me for the last 3 yrs full time. He doesn't not pay child support.

Sabina Tomshinsky
Sabina Tomshinsky answered on Jun 20, 2017

Based on your post, by default you have all the time-sharing rights and all the decision-making authority over your children. Until the Father pursues an action for paternity, he has no rights to the children. Should the Father remove the children from your care, you should pursue an Emergency... Read more »

1 Answer | Asked in Family Law and Municipal Law for Florida on
Q: What lawyer would help deal with a name change problem?

My wife has a name change issue from when she was in high school that is making her life difficult - we just moved to Florida and are not able to get a drivers licensce due to it.

Sabina Tomshinsky
Sabina Tomshinsky answered on May 25, 2017

A family law attorney should be able to assist. Good luck!

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Me and the father of my child are not married, but are living together,can I legally move to another city/state with her

He keeps threatening to get me kicked out and to take her from me. He also has a history of violence, drug and alcohol abuse. He has also been in and out of jail quite a few times.

Sabina Tomshinsky
Sabina Tomshinsky answered on May 25, 2017

Yes, you may since by default, the mother of a child born to unmarried parents has all the time-sharing rights and decision-making authority over the child. The father has no rights until he pursues a paternity action. However, if the father files a paternity action within 6 months of your out of... Read more »

1 Answer | Asked in Family Law for Florida on
Q: I have shared parental rights but the mom is refusing to let me see what child. What can I do? Thanks
Sabina Tomshinsky
Sabina Tomshinsky answered on May 15, 2017

Your post is not clear as to what exactly the mother is refusing to do. However, if there is a parenting plan with time-sharing schedule currently in place and the mother has violated the term(s) of that parenting plan, then you should pursue a Motion for Contempt/Enforcement. I also suggest that... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Do I have to fill out the mom's section of income in a child visitation/support case?

She refuses to let me see my son so I am taking her to court for visitation. I have a the packet mostly filled out but the section about her income and my income is confusing. I don't know if I fill out her income or if she does once she is served. She is now married and doesn't work. Her husband... Read more »

Sabina Tomshinsky
Sabina Tomshinsky answered on May 10, 2017

It appears from your post that you are referring to a financial affidavit in a paternity action. When you file your action for paternity with the financial affidavit, that financial affidavit should reflect your monthly financial snapshot - it should contain your income and such. When the mother is... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My son has two children with a lady he did not marry. Do we have any grandparent rights to see the children?
Sabina Tomshinsky
Sabina Tomshinsky answered on May 8, 2017

No, you do not. Unfortunately, unless the parent(s) allows you contact with the children, you do not have standalone rights to the children. However, in order for your son to have rights to his children, he would need to pursue an action for paternity; otherwise, by default, it is the mother of the... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I have 50/50 custody of my children. As per the parenting plan I get them every Sunday at 4pm but their mom

Their mom has been keeping them past 4pm. What forms do I need to file to get them at my rightful time?

Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 30, 2017

You should consider pursuing a Motion for Contempt/Enforcement. Good luck!

1 Answer | Asked in Child Support for Florida on
Q: I was summoned to pay child support. How do they determine how much i pay? And if start paying will i get rights to

To see my child cause as now the mother of my child chooses when i get to see him which is a few times a year. If i start paying shoulsnt i have more rights than i do now. And how do ubtain those rights

Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 30, 2017

If you were never married to the mother of your child, then in order for you to have any rights to the child, you would need to pursue a separate action for paternity. Until such action is pursued, the mother of the child, by default, has all the rights to the child and all the decision-making... Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Regarding child support

I want to see my child more. Someone told me about indigent. Can you tell me more about this legal process

Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 30, 2017

There is an Application for Determination of Civil Indigent Status. If you qualify for civil indigence, then the Court's filing fee would be waived. This means that if, for example, you would be filing a paternity action and such, you would then not be required to pay the filing fee for that action.

5 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Who do I call to get property in my deceased grandfather's name put into my grandmother's name, his wife?

My grandfather passed away this morning and my house, that he bought for me, is still in his name. But my grandmother, his wife, is still alive and well. Me and my grandmother was wondering who we contact to get the house put in her name or mine.

Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 28, 2017

You would need to contact a probate attorney so that all the probate assets can be ascertained and a course of action determined. Based on your post, a probate action would have to be opened to transfer title to the beneficiary or the decedent's heir, if your grandfather passed away without a will.... Read more »

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4 Answers | Asked in Probate for Florida on
Q: My mother has property FL. She is deceased, I am the only child. Can I get it put in my name without going thru probate?

The property was actually in my mother's name as well as her sister. My aunt is deacesed didn't have any kids or husband, my mom has been divorced for 20 years. They do have siblings who signed off from having anything to do with the property 25 years ago. I have been paying the taxes on the... Read more »

Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 26, 2017

Depending on the type of property it was, you may be able to pursue a petition to determine homestead status of real property as part of summary administration. If it was not homestead, then formal administration would have to be commenced. But as has already been stated, you would have to go... Read more »

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3 Answers | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Florida on
Q: How to get my ex girlfriend out of my house in own in Alachua County Florida

I own my home my ex girlfriend is living there.The relationship has gotten so bad I have asked her to leave. She refuses she has said your not getting me out that easy.she don't want it to end but I do. I have no battery charges in the past..since she doesn't want to leave she called the police and... Read more »

Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 22, 2017

You may want to consider pursuing an action for unlawful detainer per Chapter 82 of the Florida Statutes. This is a proceeding similar to an eviction but is to remove someone who is not a tenant. All the best.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I kick out a family member if she is not considered a tenant/never paid rent? What if she won't leave?

I gave my cousin a place to stay for a while but now I want her out due to a dispute we had. She is not a tenant, has never paid rent, and has never contributed to any bill. I gave her a 14 day period to get all of her stuff out of the room. It has now been 15 days and she has no intention of... Read more »

Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 18, 2017

If your cousin never paid any rent and in fact has never paid you any monies for her shelter, then she is considered to be your guest and, as such, may be removed pursuant to Chapter 82 unlawful detainer action. An unlawful detainer action is a proceeding to remove guests after they have refused to... Read more »

1 Answer | Asked in Divorce for Florida on
Q: If my spouse refuses to sign divorce papers after I have filed . How can I get a divorce without having to wait 2 years?
Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 15, 2017

In Florida, when you file for divorce and have your spouse served, the spouse has 20 days after service to Answer the Petition. If there is no response, you can proceed under the default rules. You should really consult with a divorce attorney about the specifics of your case so that a specifically... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: My son's father is telling me that I have to legally tell him I am moving, but we do not have custody papers?
Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 14, 2017

If you were not married to the father of the child when you had your son and thereafter did not marry him and there is currently no order regarding time-sharing (custody), then by default you have all the time-sharing rights and decision-making authority over your child and, as such, you may move... Read more »

1 Answer | Asked in Divorce for Florida on
Q: How do I start a divorce in Bonifay Florida?
Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 11, 2017

Provided you have been a Florida resident for at least 6 months prior to when you file your Petition for Dissolution of Marriage, you may proceed with the filing of your action and service on your spouse. You should truly consult with a divorce attorney to determine the best course of action based... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: I'm an unmarried mother & my son father don't want to give him back to me because he has been served with child support

What should I do it's been 2 weeks now I'm in the state of FL

Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 4, 2017

You should pursue an Emergency Verified Motion for Child Pickup Order as in the absence of any order on time-sharing, you, by default, have all the rights to your child. Child support action does not give an unmarried father time-sharing rights. Al the best.

1 Answer | Asked in Child Support for Florida on
Q: I am the non-custodian parent. I lost my job. How do I now calculate my basic child support obligation (in Florida)?

I believe it should be calculated as if I am making the State's minimum wage, correct? If so, should it be based on full-time work week, or part-time? In other words, how many hours per week should I use in my calculations?

Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 2, 2017

Calculation will either be based on minimum wage calculated at 40 hours per week (full time employment) or they may impute your earnings during the last year or even further out, depending on the circumstances surrounding your job loss. You truly need to pursue a modification action right away. It... Read more »

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