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Questions Answered by Tami Lane Augen
2 Answers | Asked in Family Law for Florida on
Q: How can I clear my name for false allocations on my moms account with my name on it?

My mother is 80 years old has lived with me for about 10 years. There was a disagreement my mother moved in with my sister and her family at the last minute literally the last day of the month but had written a check for the following month now she can’t live with my sister and her family any... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jul 4, 2021

There is nothing to clear your name of unless you are criminally charged. It is unclear from your question where the money went. Did it go toward your rent? If so, then perhaps just give her the money back to keep the peace as you would need to pay your rent regardless of whether or not she was... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: Can my 17 y/o daughter live with her sister without my consent? I have asked her to come home to both of them

My 17-year-old daughter was staying with her father even though I am primary parent in our custody arrangement. Her father is now in jail and she has been staying with her sister. I have made it very clear from day 1 to both of my daughters that I am not ok with this and I want her to come home.... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jul 4, 2021

You have the parental rights to do what you need to do to get her back home. This, unfortunately, is where the law and reality clash. You most likely will not even get into court before your daughter turns eighteen. Perhaps you can work with her and her sister in terms of advising that you are... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Sexual Harassment for Florida on
Q: Would it count as kidnapping if I picked them up a friend in an abusive household and kept them safe in another place.

father is a rapist and physical/mental abuser, mother physically/emotionally abuser. Police have been called on numerous occasions and have done nothing. Mother has "kicked out" my friend and called police stating that they ran away. Threaten to kill if police or cps is called. Cps has... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jul 4, 2021

This is a difficult question if DCF is not taking any action. It is unclear who called DCF. Your friend can call the abuse hotline herself. She can also continue to call. Your friend can contact the authorities herself as well. Further, your friend may want to reach out to another trusted... Read more »

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1 Answer | Asked in Child Support for Florida on
Q: hey if your not married to your babies father and you want to put him on child support and he wants to change it

hey if your not married to your babies father and you want to put him on child support and he wants to change it and i the mother dose not want to is the judge still going to change in order to put the father on child support.?

Tami Lane Augen
Tami Lane Augen answered on Jul 4, 2021

The court will consider all matters properly brought before it via a Petition and should make a determination. If you file a petition for paternity and to establish child support, the father may also file a petition for paternity and to establish parental responsibility and a parenting plan with... Read more »

2 Answers | Asked in Criminal Law, Family Law and Child Custody for Florida on
Q: if a court docket states "Order Denying Injunction Before Hearing" and the case status is closed. What does that mean?

My ex (unbeknownst to me) falsely accused me of molesting my child and seems like she filed a petition ending in the docket line item above. Does it mean "its over"? (barring of course an appeal). Note: we are in the middle of custody case (and she is - apparently - will to go that... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jul 4, 2021

My colleague is absolutely correct, if the mother filed a petition for protection against domestic violence, the court reviews that and makes an immediate determination without a hearing. In the case that you describe, the court did not grant the injunction and did not set a hearing to extend the... Read more »

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4 Answers | Asked in Divorce and Real Estate Law for Florida on
Q: I got divorced in 2019 & have been awarded our house. How do I get ex-husband name off deed & mortgage? Tried having

Tried getting him to sign the quick claim deed form however he refused to do so. Help please!!

Tami Lane Augen
Tami Lane Augen answered on Jul 4, 2021

If the final judgment does NOT require you to refinance, then he is required to execute a deed, but only in the event the final judgment requires such action. IF the final judgment is silent on both the deed issue and the refinance issue to remove his name from the mortgage, then there is a... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My husband and I used to be duel active duty military. I am still in, and he was discharged for drug abuse over a year

Ago. We have a two year old together. He has resided solely with me since he left us when he was 1 month old. My husband has not contributed financially in the past two years to my sons needs. He has recently had a second baby with another woman just this year. He is a narcissist, and diagnosed... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jul 4, 2021

There is no such thing as "full legal and physical custody" in Florida. There needs to be a determination regarding parental responsibility. Then there needs to be a determination regarding a parenting plan and timesharing. These are very specific concepts and permit both parents to... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Where can I get a free consultation and discounted attorney for a TPR hearing coming up in weeks West Palm Beach
Tami Lane Augen
Tami Lane Augen answered on Jun 27, 2021

If you have a termination of parental rights hearing coming up in dependency court, you have an absolute right to have court appointed counsel. If you have not had counsel appointed yet, immediately ask the judge to appoint you counsel. If you are simply not happy with your court appointed... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My daughter doesn’t want to visit her dad anymore she is 12 can she refuse to come over

Her dad has history of alcohol, still drinks she also says he makes her uncomfortable. Can I refuse to bring her over, what rights does she have to stop visiting immediately?

Tami Lane Augen
Tami Lane Augen answered on Jun 27, 2021

She has no rights whatsoever to stop visiting. If you believe there is a dangerous situation, then it is up to you as the responsible adult to file the appropriate Supplemental Petition or Motion with the Court. If it is not a dangerous situation, then you need to follow the lawful orders of the... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Is the two part test for time sharing modification needed for orders with reserved jurisdiction to reconsider?

In our final judgement in divorce case, Judge reserved jurisdiction to reconsider and expand Fathers timesharing to overnights after 6 months of supervised timesharing at his parents residence. Final Judgement also stated either party may file motion to review this issue without necessity of filing... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jun 27, 2021

Excellent question. If the court reserved jurisdiction, then that issue is not finalized and the Father should not have to prove the substantial change of circumstances that is permanent and unforeseen. I do not believe that it matters that he filed a supplemental petition versus a motion... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Cop called cuz my father in law pushed me DCF came next day & took my kids over THC & then she lied on papers horribly

saying we refused in home plan multiple times (not true AT ALL) & that our house is unsafe for the boys but she never EVER tried to come into my home she lied saying I had no pills for my prescription but they arent even pills to begin with She never counted my prescription the only thing... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jun 27, 2021

If the children are sheltered, then there should be a determination as to whether or not the children are dependent. You need to speak with an attorney who can assist you with the juvenile dependency case. If, however, you have agreed to an adjudication of dependency, then you are in the system... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My wife took our 5 year old out of state without my knowledge or approval. She appears to want a divorce. Custody?

I want custody of my child. I raised my son from 2 years old on my own from

My previous marriage. I will likely keep the child’s home. Cam this be done ?

Tami Lane Augen
Tami Lane Augen answered on Jun 27, 2021

If you believe that your Wife removed the minor child from the state of Florida and intends to keep him out of the state and seek a divorce, I would strongly recommend that you immediately consult with counsel. While travel out of state is one thing, leaving the state with the intent to remain out... Read more »

2 Answers | Asked in Family Law for Florida on
Q: In 2018 my sons father had us move back to Florida ,going thru the courts Family plan says to live in a 50 mile radius

If he is trying to move 90 miles away ( distance calculated by how the crow flies) is he going against the courts ordered Document? Should I file with the courts?

Tami Lane Augen
Tami Lane Augen answered on Jun 27, 2021

If a parent relocates without following Florida Statute Section 61.13001, then the statute itself provides guidance on what to do. Even if a parent does not move the child and only moves him- or her-self, the statue still applies. In the event the other parent does actually comply with the... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: What can be done?

My wife's sister was assassinated last year. She left 2 kids a girl 17 and a boy 14. The girl lives with us because they were from different father's. She has lost both. We all live in Florida. The boy lives with his father but he is making his life miserable sometimes the boy does not... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jun 27, 2021

I actually do not agree that you can do anything in terms of seeking visitation from the Father. If the child has a living parent, then that parent has one hundred percent of the parental and custodial rights and there is virtually nothing that the court is able to do as the Father of the child... Read more »

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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: My boyfriend is trying to kick me out of his apartment and telling me that I can't take our daughter with me
Tami Lane Augen
Tami Lane Augen answered on Jun 17, 2021

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 »

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2 Answers | Asked in Civil Rights and Family Law for Florida on
Q: I need help I believe my civil rights have been violated by CPS

Hi my name is and I need some help CPS took my children without conducting a proper investigation...and had then split up and placed with family members..but when I ask about a case plan and when can I see them says I dont have a case plan and can't even get a chance to regaincustody...what... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jun 27, 2021

You have the right to have an attorney provided to you in the dependency case. You should consider setting up a time to meet with him or her to discuss this matter and obtain all of the answers that you need and have him or her take the time to explain what is going on. You do have the right to... Read more »

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3 Answers | Asked in Divorce for Florida on
Q: Am I able to put all divorce attorneys in my area on retainer?

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?

Tami Lane Augen
Tami Lane Augen answered on Jun 8, 2021

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 »

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2 Answers | Asked in Family Law for Florida on
Q: Is it a violation of injunction/no contact if you call your child with cellphone provided by the other parent?

I have a protective injunction with no contact in place against my ex husband. I provided our 15 year old with a cell phone. She is the authorized user and the number/line is in her name. Her father believes it is a violation trap of the injunction for him to call her on the phone as I pay for the... Read more »

Tami Lane Augen
Tami Lane Augen answered on Jun 27, 2021

When the child is with him, it is his option if he wants to permit her to have the phone to use or not. It does not appear that this has anything to do with the injunction as you indicate that the phone is used by her when she is at your home and, when at his home, he asks her to power off the... Read more »

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2 Answers | Asked in Child Custody for Florida on
Q: Can I take my child and move out if the grandma had concurent custody
Tami Lane Augen
Tami Lane Augen answered on Jun 3, 2021

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.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What is the best way to terminate parental rights?

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 »

Tami Lane Augen
Tami Lane Augen answered on Jun 3, 2021

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 »

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