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Questions Answered by Tami Lane Augen
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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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 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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1 Answer | Asked in Arbitration / Mediation Law and Civil Litigation for Florida on
Q: I was in a relationship and bought a car. My ex boyfriend's name is on the title, what are my rights

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 »

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

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 »

2 Answers | Asked in Family Law and Civil Rights for Florida on
Q: Can I sue the state over the “substantial change in circumstances “ requirement for changing a parenting plan?

Florida requires a petitioner to prove there has been a substantial change in circumstances in order to request a change to a parenting plan.

Is this a substantive due process issue, in that the state should prove a compelling interest in requiring an “extraordinary burden” (Wade v... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 20, 2021

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 »

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Can I remove husband off of daughter's birth certificate if he is not the biological father?

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.

We were... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 19, 2021

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 »

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3 Answers | Asked in Juvenile Law for Florida on
Q: If I kick my daughter's BF out of my home is it call abuse. He is 17 and my girl is 16. His legal address is not my home

We didn't kick him. We just told him to get out our house. Because his mom said by tell him get out we abuse her son. Thank you for you all answer my question.

Tami Lane Augen
Tami Lane Augen answered on May 18, 2021

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.

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2 Answers | Asked in Child Custody for Florida on
Q: How do I deal with school disagreements with shared custody?

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 »

Tami Lane Augen
Tami Lane Augen answered on May 18, 2021

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 »

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2 Answers | Asked in Divorce for Florida on
Q: Do I need a title property lein?

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 »

Tami Lane Augen
Tami Lane Augen answered on May 17, 2021

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 »

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1 Answer | Asked in Divorce for Florida on
Q: Does husband need to be at divorce final hearing. In person or prob over Zoom
Tami Lane Augen
Tami Lane Augen answered on May 14, 2021

Typically no, only one person needs to appear at the final hearing. The exception is pursuant to the simplified proceeding rule, in which case, both parties attend the final hearing.

1 Answer | Asked in Divorce for Florida on
Q: Hus never responded to served div papers. I filed motion to default and it was granted. Thought that was the end. Nope

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?

Tami Lane Augen
Tami Lane Augen answered on May 14, 2021

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.

1 Answer | Asked in Estate Planning for Florida on
Q: how do I get POA when I live in CT & he in FL. This is for my son he has mental health issues and asked me Dawn

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 »

Tami Lane Augen
Tami Lane Augen answered on May 14, 2021

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.

1 Answer | Asked in Military Law, Adoption and Child Custody for Florida on
Q: My wife is a disabled veteran and has 9 year old daughter. We are looking to try for me to adopt her

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 »

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

You can actually do this without an attorney if you are unable to locate a pro bono attorney. Here is the link to the forms from the Florida Courts website:... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Is it possible to recover damages in Florida caused by the non-payment of family court ordered support?

Already been to court for enforcement. No action by court was taken. A partial ruling granting but also denying any action.

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

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 »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Hello, My question is about the process to petition for a Declaratory judgement.

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 »

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

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 »

1 Answer | Asked in Criminal Law for Florida on
Q: FL FAM LAW- WIFE HAS IGNORED ORDER I FILED NONCOMPLI ER PICK UP ORDER . ALSO SHERIFFS OFFICE HAS PROOF OF MURDER FOR HI

CHARLOTTE CNTY SHERIFFS HAS PROOF SHE HIRED A HITMAN. I SENT IN ER INJUNCTION FOR PROTECT. HE DENYED IT W/O HEARING WHATS HE UP TOO?

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

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 »

1 Answer | Asked in Family Law and Adoption for Florida on
Q: What happens is an Attorney is refusing to sign the Affidavit of expenses and receipts?
Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

It is unclear what you are asking. If you can clarify your question, it may be possible that you will receive answers. Best of luck.

1 Answer | Asked in Child Custody for Florida on
Q: What state is emergency temporary custody to be filed?

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 »

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

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 »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: i’m 17, i need to get out of this house. can i legally leave and live with someone else against my parents wishes?

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 »

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

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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