my ex wife and I have been separated ( not divorsed) for 5 years. we have always had a 60-40 split ( i get 13 days a month) but the last 2-3 months she has been reducing my days and now say she only wants to give me my kids 2 days a week. We live 5 mins apart. What can I do to make her comply? I... Read more »
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...Read more »
The father of my children file a petition to establish paternity his lawyer called me and asked me to file an income affadavit but we were never married and i have the children they reside with me do i still have to file the petition
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.
My boyfriend lives in Tampa, he keeps his daughter 70% of the time and basically takes care of both the child and the mother. However whenever she doesn't get her way she takes the child and threatens to not let him see the child again. This makes my boyfriend really sad all he's trying to do is be... Read more »
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...Read more »
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 father....Read 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.
She is telling me over text that this is still her home, and she may come and go as she pleases until the divorce is final? So she came inside of the home a few nights ago and started screaming and yelling as she went through drawers slinging items on the ground. I just need some professional... Read more »
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...Read more »
We have a person who is very sensitive to environmental issues like allergens and molds and etc. We do not know until after we spend time in the home there is an issue. It is not possible to know by just visiting the house.
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 attorney...Read 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 attorney on the...Read 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...Read 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...Read 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...Read 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...Read 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...Read more »
I allowed an ex to stay at my home after he said he was becoming homeless and suicidal. Which I have in text. I have been trying to get him to leave but he refuses saying he knows the law. I'm a prisoner in my own home. I cannot afford a lawyer due to the fact I have been unemployed for the past... Read 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...Read 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 the...Read more »
I have been living with my partner (girlfriend) for 20 years. She owns the house and has no living relatives. She refuses to get a will. Our bank accounts are joined and the house has been my legal address for 20 years. She pays the mortgage through the shared bank accounts. She does not make... Read 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...Read 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...Read more »
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