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Questions Answered by Deborah Annette Carroll
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What does this mean, was their a judgement or a hearing already

THE MOTION QUALIFIES FOR EMERGENCY TREATMENT NAD ENTRY OF AN IMMEDIATE EX PARTE ORDER IS JUSTIFIED THE MOVING PARTY SHALL SUBMIT A PROPOSED ORDER IMMEDIATELY

Deborah Annette Carroll
Deborah Annette Carroll answered on Aug 7, 2019

The judge made a determination that an emergency existed that justified entering an order without the other party being present.

1 Answer | Asked in Family Law for Florida on
Q: My wife and I are going to use a known sperm donor. We’re in the state of Florida and we want to know the right we hav

Us and the donor have agreed to sign a “contract” stating that he does want anything to do with the child and giving us full consent. My wife and I both want to be on the birth certificate and I know I’ll have parental right since I’ll be the birth mother, but we want her to have full... Read more »

Deborah Annette Carroll
Deborah Annette Carroll answered on Jun 4, 2019

It is important to have a legally sufficient donor contract executed before the procedure. Once the baby has been born, you will need to complete the parentage process for the spouse who is not the birth parent by filing for adoption.

2 Answers | Asked in Adoption and Family Law for Florida on
Q: Can my father adopt my daughter?

The father is not in her life he has abandoned her, and I am wanting to change her last name and get him off her birth certificate and have my dad adopt her legally

Deborah Annette Carroll
Deborah Annette Carroll answered on Jun 2, 2019

Your father can file a relative adoption.

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1 Answer | Asked in Adoption for Florida on
Q: Would my daughter who is 25 and single be able to adopt in Florida?
Deborah Annette Carroll
Deborah Annette Carroll answered on Nov 30, 2018

Yes, a 25 year-old may adopt in Florida as long as all other legal requirements are met.

1 Answer | Asked in Divorce for Florida on
Q: If I file for divorce cuz of husband's infidelity, will he have to repay expenses & court costs?

He got his mistress pregnant & is living with her in another state. I'm now in desperate financial circumstances since he has not helped support our son at all, either. Can I qualify for alimony?

Deborah Annette Carroll
Deborah Annette Carroll answered on Oct 22, 2018

You may qualify for temporary alimony if you can show you have a need for it and he has the ability to pay. For other forms of alimony such as durational or permanent, it will depend on many other factors including the length of your marriage and your need for alimony and his ability to pay also... Read more »

1 Answer | Asked in Adoption for Florida on
Q: Do parents ever put one twin up for adoption? I can't afford two kids right now and I don't know what to do.
Deborah Annette Carroll
Deborah Annette Carroll answered on Oct 18, 2018

It is encouraged to keep siblings together, especially twins. However, there isn't a statue that says it is prohibited. If you would like more information regarding community resources and/or adoption, please give me a call.

1 Answer | Asked in Child Support for Florida on
Q: I am receiving back payment from child support, my two daughters are 20, and 21.There father

has emphasized that the child support payment should go to my daughters, one is in college and gets disability and the other lives with me ,refuses to pay anything. every now and then she might pay a bill (the water bill). What is the back support payment of child support for. The father has put a... Read more »

Deborah Annette Carroll
Deborah Annette Carroll answered on Oct 6, 2018

The back child support is owed to you, not your daughters. You supported your daughters during the time this support was ordered and not paid. This money is reimbursing you for the financial burden you carried when you were the only parent supporting your children.

1 Answer | Asked in Child Custody for Florida on
Q: Babys parents are not married but the father is listed on the birth certificate if the parents split who has custody?
Deborah Annette Carroll
Deborah Annette Carroll answered on Sep 28, 2018

If not married, the father will have to file a Petition to Establish Paternity to legalize his parental rights. So custody will automatically fall to the natural mother until paternity is established by a court of law. The standard for custody in the state of Florida is shared parental... Read more »

1 Answer | Asked in Child Support for Florida on
Q: If my son is over 18yrs old does his dad still have to pay if he is behind $30,000. And will I receive any of that $

This is in Polk county Florida

Deborah Annette Carroll
Deborah Annette Carroll answered on Sep 26, 2018

Yes, your son's father will still have to pay for any back child support that is still due when he turns 18. You would be the recipient of those payments.

1 Answer | Asked in Family Law for Florida on
Q: My Boyfriend daughter lives in Marietta Ga with her mother his ex wife and we live in Miami can he get visitation

Ex wife refuses to allow her to visit him or him to see her when he visit Atlanta. She doesn’t allow her to call or FaceTime or anything . He can’t even get a valid phone number to speak with his daughter. Is it possible he can file for visitation or joint custody ?

Deborah Annette Carroll
Deborah Annette Carroll answered on Sep 7, 2018

Have your boyfriend contact an attorney in the county in Georgia where his daughter lives. Most states have laws similar to Florida that establishes time sharing for the non custodial parent. Jurisdiction will be in Georgia though since that is where his daughter lives.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Florida on
Q: My son father verbally told me he will keep my son from me (never married) can he do so??

We recently had a DV case in the police report it says that he threatened to keep the Baby. I hear some police office will not return the Baby with the mother if they feel the child

Is ok? What can I do if that happens??

Never been to court.

Deborah Annette Carroll
Deborah Annette Carroll answered on Aug 20, 2018

You can file a motion to establish paternity, custody, time sharing and child support. In that petition, you will need to request that the child resides primarily with you the majority of the time. Some police officers will not return a child without a court order. Once you get an order from the... Read more »

1 Answer | Asked in Child Support for Florida on
Q: How can I get a copy of a child support affidavit that was filed by my lawyer through the Sarasota court in 1992.

The Lawyer in question is no longer allowed to practice in Florida, therefore I don't know where he is. His name is Kevin Rule listed under the Justia Lawyers Group.

Deborah Annette Carroll
Deborah Annette Carroll answered on Aug 17, 2018

The office of the Cletk of Courts in Sarasota County will be able to pull the file and provide copies of what you need for a minimal fee if it was filed with the court.

1 Answer | Asked in Child Support for Florida on
Q: can you get put on child support without the mother consent or would it have to be from the mother puttong you on it?
Deborah Annette Carroll
Deborah Annette Carroll answered on Aug 16, 2018

If ýour children are receiving assistance from the State in the form of food stamps, Medicaid, cash assistance, the Department of Revenue can file for child support on behalf of the children. Their mother isn't required to do it.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can i get power of attorney over my niece and nephews while my brother is in jail?

Sister in law had a notary send papers over to jail asking for sole custody. My brother refuses to give her full custody.

Deborah Annette Carroll
Deborah Annette Carroll answered on Aug 16, 2018

If your sister in law is the mother of the children, her rights as a natural guardian are superior to anyone else who is not also a natural guardian. The exception to that rule is if there is evidence of actual detriment and harm to the children by being with that natural parent.

2 Answers | Asked in Criminal Law for Florida on
Q: I was arrested in 1999, 2011 and one month ago. Can my past be used in sentencing in the state of florida
Deborah Annette Carroll
Deborah Annette Carroll answered on Aug 13, 2018

Past convictions can be used for calculating sentencing score sheets in the state of Florida.

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1 Answer | Asked in Child Support for Florida on
Q: My ex set child support via the state. He has been paying me directly though. Are we able to modify it pay directly

I understand that if he pays the state then I get less $ and it takes time for me to receive it.

Deborah Annette Carroll
Deborah Annette Carroll answered on Aug 12, 2018

You don't get less money with the payment through the state disbursement system. A service charge is added to cover the administrative cost, but it is added to what he pays rather than deducted from what you receive. However it can take longer for the state to set up your account and disburse the... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Father says woman I was sexting is his underage daughter and wants money or he will press charges. Is this a scam?

Supposed father of a woman I had a brief conversation with says that she is underage. She sent me two explicit photos and I sent one explicit photo upon request without my face in it. He says that daughter broke a laptop and phone when he confronted her. He wants $1200 or he will press charges. Is... Read more »

Deborah Annette Carroll
Deborah Annette Carroll answered on Aug 6, 2018

I suspect this is a scam. I recently had someone come into my office with the exact same facts and it was a scam. If you google this scam you will see many, many posts regarding other victims. DO NOT send any money!

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: I have a stipulated temporary agreement with my daughters father. It binds my daughter to a certain county and states we

Cannot take her out of the county with out consent or court order. I had to relocate due to him not wanting to work things out. Now he wont let me see or talk to my daughter. We have shared rights. What do i need to do to be able to get my daughter mostly with me instead of him Or 50/50. He has... Read more »

Deborah Annette Carroll
Deborah Annette Carroll answered on Aug 3, 2018

I'm sorry to hear you are going through this. You have every right to file a motion for contempt against him. If his actions are in violation of the current court order, you need to ask the court to hold him accountable for his disregard of the order.

1 Answer | Asked in Divorce for Florida on
Q: My ex wife was supposed to file a quit claim so her name would be removed from the property but she hasn't.

It's been 6 years. What can I do?

Deborah Annette Carroll
Deborah Annette Carroll answered on Jul 29, 2018

There is often language in the final judgment which orders that the transfer of ownership can occur through the use of the judgment. If that language is not included, you have the right to file a Motion for Contempt and ask the judge to order the signing of the quit claim deed or be held in... Read more »

1 Answer | Asked in Adoption for Florida on
Q: We have custody of twin 12 yr old granddaughters. Both parents are deceased. How can we the grandparents adopt?

We have been their sole support since birth. They have lived with us since birth. No support from either parent.

Deborah Annette Carroll
Deborah Annette Carroll answered on Jul 12, 2018

Fortunately, Florida has a streamlined approach to relative adoptions. Relative adoptions are designated as an adoption occurring when the person/people adopting are related within three bloodlines to the child/children they are adopting. Florida Statutes do not require a home study for relative... Read more »

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