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Questions Answered by Sabina Tomshinsky
2 Answers | Asked in Child Custody and Family Law for Florida on
Q: 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 mon

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 »

Sabina Tomshinsky
Sabina Tomshinsky answered on Apr 1, 2017

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 »

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1 Answer | Asked in Family Law for Florida on
Q: Do i have to file an income affadavit on a petition to establish paternity if i was never married to my childrens father

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

Sabina Tomshinsky
Sabina Tomshinsky answered on Mar 28, 2017

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.

1 Answer | Asked in Family Law for Florida on
Q: My boyfriend keeps his daughter 70% of the time, could he get full custody?

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 »

Sabina Tomshinsky
Sabina Tomshinsky answered on Mar 27, 2017

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 »

2 Answers | Asked in Probate for Florida on
Q: I never received a letter of administration from the probate attorney. Does that mean I am not considered an heir?
Sabina Tomshinsky
Sabina Tomshinsky answered on Mar 4, 2017

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.

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2 Answers | Asked in Probate, Contracts and Real Estate Law for Florida on
Q: Does joint ownership go straight to probate if one of the owners pass away?

Or does it go straight to the other owner as suvivorship owner?

Sabina Tomshinsky
Sabina Tomshinsky answered on Feb 28, 2017

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.

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2 Answers | Asked in Child Custody for Florida on
Q: I'm moving to tampa, I have never been married to my oldest sons dad, would he have to give me permiss

I want to know if I can move from miami with my son without my sons fathet taking me to court

Sabina Tomshinsky
Sabina Tomshinsky answered on Feb 23, 2017

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 »

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3 Answers | Asked in Family Law for Florida on
Q: Does the biological father to my son have rights to him if he did not sign the birth certificate?

Like could he take my child without my permission. Also I gave him 2 months of chances to sign it but he refused.

Sabina Tomshinsky
Sabina Tomshinsky answered on Feb 21, 2017

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.

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1 Answer | Asked in Divorce for Florida on
Q: Hi, my name is Ethan. I have a small question i want to see about getting answered. Me and my wife have recently split.

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 »

Sabina Tomshinsky
Sabina Tomshinsky answered on Feb 15, 2017

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 »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What is the recourse, after you signed a lease and moved in and found you react to the house by becoming very ill?

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.

Sabina Tomshinsky
Sabina Tomshinsky answered on Feb 4, 2017

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 »

1 Answer | Asked in Estate Planning for Florida on
Q: If you lose your original will but still have copies are those valid?
Sabina Tomshinsky
Sabina Tomshinsky answered on Jan 27, 2017

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 »

3 Answers | Asked in Divorce for Florida on
Q: Hello, My spouse lives in PA and I'm living in FL. What would be the best way to file the divorce?

We will be separated for 2 years come February and we have a child.

Sabina Tomshinsky
Sabina Tomshinsky answered on Jan 19, 2017

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 »

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2 Answers | Asked in Divorce for Florida on
Q: What if you live in Florida and both parties would like a simple divorce, but there is a minor involved.

Both parties would like to continue with the visit schedule and equally taking care of the kid like they always do.

Sabina Tomshinsky
Sabina Tomshinsky answered on Jan 17, 2017

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 »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: my son and his mother moved out of the state and i didnt find out until 3 weeks later when her mother informed me.

she does not have an address or phone number. what can i do? We are divorced and I am currently paying child support

Sabina Tomshinsky
Sabina Tomshinsky answered on Jan 17, 2017

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 »

1 Answer | Asked in Child Support for Florida on
Q: i give my ex money orders for our daughter, will my money count when we go to court to establish child support
Sabina Tomshinsky
Sabina Tomshinsky answered on Jan 17, 2017

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 »

2 Answers | Asked in Child Support for Florida on
Q: Until what age do I have to pay child support if my child lives in Florida. Does attending college matter or not.
Sabina Tomshinsky
Sabina Tomshinsky answered on Jan 15, 2017

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 »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: How can I evict an ex boyfriend from my home. The cops have been no help. It has become very unhealthy.

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 »

Sabina Tomshinsky
Sabina Tomshinsky answered on Jan 6, 2017

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 »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can I break my lease if I only been there for 4 days and its infested with roaches.
Sabina Tomshinsky
Sabina Tomshinsky answered on Dec 20, 2016

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 »

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2 Answers | Asked in Probate for Florida on
Q: Who would get the house if my partner dies without a will?

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 »

Sabina Tomshinsky
Sabina Tomshinsky answered on Dec 14, 2016

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 the...
Read more »

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2 Answers | Asked in Divorce for Florida on
Q: What can I get from my husband to help support our two children if I file for a divorce and cause him of cheating?
Sabina Tomshinsky
Sabina Tomshinsky answered on Dec 11, 2016

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 »

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1 Answer | Asked in Probate for Florida on
Q: When all creditor claims have been met and settlement claims signed, how much time is required to close an estate?
Sabina Tomshinsky
Sabina Tomshinsky answered on Dec 9, 2016

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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