It is not entirely clear what your question is. There are certain laws in Florida that govern the parent child relationship when a child is born out of wedlock. You may want to schedule a time to speak with a qualified family law attorney to discuss what your options are under these particular...Read more »
If so, does the retainer mean that lawyer/firm cannot represent my spouse? Assuming there are ~30 divorce attorneys in my area and I paid a $5,000-$10,000 retainer to each would this insure they could not represent my spouse?
Interesting question. When you retain an attorney, the attorney will typically draft and file documents. Once that is done, the other attorneys would see that you have counsel of record. Theoretically speaking in a vacuum, if you retain an attorney, that attorney should not represent an adverse...Read more »
Typically the answer would be "no." The Court system is involved and there should be orders in place that govern the status of each party. I agree with my colleague that meeting with a highly qualified attorney would be appropriate.
My 11 month old son's father has been in and out of the picture since he was born. We are now broken up and I'm dating someone who is interested in adopting my son. As of right now we have not established paternity, but the bio father is on birth certificate. I just received a text from... Read more »
The person that you are dating really would not be able to adopt easily at this time. If you were to marry, it would be a step-parent/close relative adoption which is a different procedure than a step-parent adoption. The Court typically will not approve of a termination of parental rights absent...Read more »
I was in a relationship and during the course of the relationship, I took out a car loan and bought a car. I have been making monthly payments on the car and I paid the initial processing fees. My ex boyfriend's name is on the title for the car and he used to receive upkeep for the car... Read more »
You are both owners of the vehicle as you are both on the title. If you are the only one who signed the promissory note to purchase/pay for the vehicle, then you are the only person legally responsible for the vehicle. He is correct in that he does have an ownership interest in the vehicle. If...Read more »
This is a pretty well settled area of law for a lot of reasons. There should be finality of judgments; however, in family law cases, the court can technically change final judgments via modification until the child is 18. Therefore, there is a legal standard that has been established for...Read more »
I became pregnant with my daughter during the time my boyfriend and I were separated. It was a one time and I do not know the father. The boyfriend and I did keep seeing each other and when I found out I was pregnant I told him and I moved back in with him at 6 months pregnant.
You cannot do anything. He is the legal father and the law is relatively complex in this regard. He has the right to maintain his status as the legal father and your child has the right to maintain her status of legitimacy. In terms of a timesharing schedule and parenting plan if/when you do...Read more »
He is not your child and you have no legal responsibility for him. His parents have the legal responsibility for him. You may have some issues in regard to "kicking him out" which would fall in the category of landlord/tenant law if he refuses to leave if/when you ask him to.
My ex and I share custody of our 13 year old daughter. In the parenting plan it states that my address is the designation for school and I just moved out of the school district my daughter goes to meaning she now needs to move schools (from Lee County to Charlotte County.) Her father is upset that... Read more »
I have a slightly different opinion than my colleague. If the school is governed by your address per the FJ/Parenting Plan, and you have relocated within the statutorily approved mileage which does not require court authority to move within fifty miles from the location you lived in at the time of...Read more »
In my divorce papers it states if property is sold it is to be divided equally between my ex and I. We were married over 20 years. We purchased property in Calhoun county FL 10 years before divorce. The deed was in his name as married man. We had a joint mortgage on it. We divorced. He remarried... Read more »
It sounds like you should speak with an attorney as soon as possible to review your paperwork and assist you. An attorney should review your Final Judgement of Dissolution in regard to the real property issue that you describe and discuss what you could file in terms of notice in the public...Read more »
The judge defaulted my husband but there were no repercussions toward him. I still needed to fill out every form that would normally happen if he had responded. I even had to fill out the forms that HE was supposed to do. Why is this “default” even an option if there are NO penalties?
There is not really supposed to be a penalty, a default means that you can proceed to finalize everything without his involvement and ultimately, receive a divorce and other relief if you requested same.
My son has not left his room since 15 and is going on 26 this year. He cannot express himself, severe anxiety and panic disorder since 15, Causing high BP at age 20. Type one diabetic, rare blood clot disorder, scoliosis, chronic back pain, now knee and shoulder issues. I am helping him to get... Read more »
This is really a wills and estate planning issue. What you can do is contact an estate planning attorney in Florida and ask for assistance in drafting the POA document. If your son is not competent to understand and execute such document, then you may need to consider a guardianship proceeding.
The father has not been in her life since she was 1, and has had no contact nor attempted to contact her. I understand that these kind of adoption can cost quite a bit, and given my wife's disability, we don't have that kind of extra money. So I'm asking if there are any pro bono... Read more »
It would depend on what types of damages you are seeking. For example, the costs and fees of an attempt to enforce can be recovered/awarded by the court. However, at this point, you indicate that you have already been to court. If you are within the time period to seek a rehearing or...Read more »
I'm applying for dual Italian Citizenship. My great grandfathers name on my grandfathers birth and marriage certificates is different than what it is on everyother document. He used and instead of his actual name, . My grandfathers Baptismal record has the correct names as well. The... Read more »
This is an unusual question and does not appear to be applicable to family law. It sounds like you are a US Citizen who is attempting to also obtain Italian citizenship based upon the fact that you have Italian family/heritage. If this is correct, then it is not an immigration issue as you are...Read more »
This sounds like a criminal matter. If the authorities are pursuing someone for hiring a hitman to commit murder, then a criminal no contact order would most likely be entered in any criminal case. If you filed a Petition for Injunction for Protection Against Domestic Violence and it was denied,...Read more »
My daughter has an active open case with social services in NC. She has recently asked me to come take the kids till the end of the school year while she gets her life straightened out. I sent her sister, my other daughter to pick my grandchildren up. The same day my father was in an accident &... Read more »
Florida may have what is considered "emergency jurisdiction" under the UCCJEA; however, from what you write, it appears that the children's home state is North Carolina if the children regularly reside there. In the event something is filed in NC and that is the children's home...Read more »
my step mom and dad can be physically or emotionally abusive. i help out so much but still get treated like trash. i’m so emotionally drained and i can’t live here anymore. they cause frequent panick or anxiety attacks for me and it’s getting to the point where i’m severely depressed. can i... Read more »
Please reach out to a trusted adult or other relative. It can be a teacher, guidance counselor, school principal or administrator, clergy member, friend's parent, doctor, or someone. If you are being abused, you can also call the abuse hotline in Florida. That will cause the Department of...Read more »
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