Florida does not have legal separation. You are still married, though separated, and unless there is a Court order on time-sharing (such as an injunction / a no-contact and such), you both have equal rights to your children. You may want to consider moving with a dissolution of marriage action and... View More

If child support is at issue, then both parties must file their financial affidavits regardless of the type of action that is at issue. It would truly serve your interests to consult with an attorney on the specifics of your case. Many attorneys do offer free initial consultations. All the best.

If your boyfriend was not married to the mother at the time he had his daughter and there is presently no order regarding time-sharing, then he should pursue an action for paternity wherein time-sharing will be determined, among other matters. There is no full custody; one parent my have majority... View More

Letters of Administration is a document that is signed by the Court which grants the Personal Representative the authority to administer the decedent's Estate.

It depends on whether the property was owned as tenants in common or as joint tenants with right of survivorship. It is best to have an attorney review the subject deed and advise you accordingly. All the best.

If there is currently no parenting plan in place and/or any other Court Order on the Father's time-sharing, then you, by default have all the time-sharing and all the decision-making authority over your child and you therefore can move without permission from and notice to the biological... View More

If you were not/are not married to the father of your son, then by default you have all the rights to time-sharing and all the decision-making authority over your son. For the father to have any rights, he would need to pursue an action for paternity.

Unless your get exclusive use and possession of your home, your marital home is still hers and you cannot block her access to the home. To keep her away from the marital home you should file for divorce and seek exclusive use and possession of the home. A motion for temporary relief along with a... View More

Usually you may not terminate your lease due to health issues. I suggest that you first review your lease regarding the landlord's obligations. Depending on your lease provisions, you may be able to serve your landlord with a 7 day notice to cure. However, you should really consult with an... View More

Yes, it is possible to probate a copy of a will. Section 733.207 of the Florida Statutes and Rule 5.510 contain the procedure for establishing and admitting to probate a "lost" or "destroyed" will. This process can be time-consuming and costly. You should consult with a probate... View More

If you are a Florida resident and have been for at least six months, you can file for divorce in Florida and serve your spouse in PA. Depending on the circumstances, your spouse may agree to waive formal service. It would truly be best to consult with a divorce attorney where all the variables can... View More

You can agree to a parenting plan with time-sharing schedule as well as to the terms of your marital settlement agreement even prior to filing and then have your petition reflect the agreement. Child support and the parenting class would also have to be addressed. It is best to have counsel prepare... View More

If you were never married to the mother of your son and there is currently no order on time-sharing, then by default the mother has all the rights to time-sharing and all the decision-making authority over your son. For you to get rights to your son, you need to pursue a paternity action right away... View More

It should. Per Section 61.30(17) of the Florida Statutes, "In an initial determination of child support ... the court has discretion to award child support retroactive to the date when the parents did not reside together in the same household with the child, not to exceed a period of 24 months... View More

Child support typically ends when the child turns 18. However, there is a statute that extends child support beyond the age of 18. Specifically, that statute provides how if the child "is between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable... View More

If your ex has never paid you rent, then you should consider pursuing an action for unlawful detainer under Chapter 82 of the Florida Statutes (which is similar to an action for eviction). Since there are specific steps that must be taken in this action (including the furnishing of a Notice), I... View More

If your premises are infested with roaches, you need to review your lease as to who is responsible for the pest control; if the lease is silent on the issue, you may want to refer to Section 83.51 of the Florida Statutes. If it is the Landlord's responsibility, then you would need to submit to... View More

If you are not on the deed to the house and there is no will, the home would pass pursuant to Florida's intestacy laws. Section 732.103 of the Florida Statutes provides, in part, as follows:

"The part of the intestate estate not passing to the surviving spouse under s. 732.102, or... View More

If you file for divorce, child support will be established along with a parenting plan with time-sharing schedule. Also, Florida is a no-fault state and so you do not need a reason to file for divorce; however, his cheating may have an impact on the parenting plan/time-sharing schedule. You may... View More

Typically, after three months have passed since the first publication of the Notice to Creditors, you can start the process of closing out the Estate. Since it appears that all of the creditor claims have already been satisfied and I assume that such satisfactions / settlements have also been filed... View More