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Questions Answered by Vanessa Vasquez de Lara
2 Answers | Asked in Family Law for Florida on
Q: If my son is at bio’s house (visit) & he dosent want to give him back. Cop see’s birth certificate & no custody order?

Cop says its a civil matter you have to go to court. What do we do? No custody order & he’s on the birth certificate. I have marriage license showing we were married at D.O.B. Help plz

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Feb 21, 2021

The cop is not correct but unfortunately, they will usually not assist in getting you the child and they tell you it is a family matter. You must go to family court to file a Motion for Pickup Order in order to get the child back. This is only if you are unmarried with the father.

If you...
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2 Answers | Asked in Child Custody for Florida on
Q: Once my son turns 18, can he move wherever he wants even though he has one more year in High School?

Currently living in Florida. My ex-wife has custody of my 17-year-old son. I have him every other weekend and for several weeks in the summer. With his mother’s permission, this summer I am taking him to Washington State to build a house. I will be getting married and moving there. Before he... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Feb 10, 2021

Once your son turns 18 the court can no longer make a custody determination as he is an adult who can choose where to live.

Good luck.

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1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: What would the following be classified as under FL family law?

On January 23, 2021 my four month old son and I attended a children’s birthday party and I was recently informed by the grandmother of the two birthday boys that my ex and two adult party guests were caught on video smoking marijuana and engaging in a drug deal of some sort within 100 yards of... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Feb 9, 2021

It really depends on what you are hoping to accomplish. If he's your ex, is there a parenting plan? Has your ex been determined the "legal" father? If you are an unwed mother, you have all of the legal rights so you are able to restrict the father's access without needing to go... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: Home with both spouses on the deed and in registry as owners. No prenup. Does it matter one spouse provided the funds?

Bought during marriage, registered in both names, both names as “buyers” on deed. Bought with funds one party had before marriage, but from joint checking account. House in Puerto Rico.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 31, 2021

If the separate funds were deposited into a joint account, the funds have been commingled or mixed and became marital before the purchase even happened.

The courts normally do not look any further than title on real property. So if title is in both spouses' names, it will be...
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1 Answer | Asked in Divorce for Florida on
Q: In my Divorce Papers there is a Section Separation I am looking to get clarification on "Neither Party shall interfere

with the peace and comfort of the other, neither compel nor seek to compel the other to associate, cohabit or deal with the Other"

Does this mean the other should not interfere with the others personals life or relationships after the marriage?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 30, 2021

Correct. It simply means neither of you will bother the other after the divorce is finalized.

Good luck.

1 Answer | Asked in Divorce for Florida on
Q: Question about stolen inheritance from soon to be ex husband

While married I received a large inheritance. My husband borrowed money to buy a new car (27k) ( for himself) with the promise to return it. I found out later he not only took that but about 15k to pay off his motorcycle and another 50k in cash. We are in the beginning stages of divorce and he said... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 30, 2021

If the inheritance was separate, non-marital money, you may have a claim for dissipation which is when someone uses money in a marriage for non-marital purposes or for a wrong reason. You really need an attorney to help you figure out if you can get the funds back. If you can't afford an... Read more »

1 Answer | Asked in Divorce and Animal / Dog Law for Florida on
Q: Can I take back full custody of my dogs since I'm legally the only owner even though I made a custody agreement?

Hello, I'm going through an amicable divorce. We share 2 pugs between ours homes and do one week on and one week off. I drew up a notorized document that outlines this just to have it on paper that we both signed. The other party brings in quite a few new people and has been taking the dogs to... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 30, 2021

Dogs are considered property in the State of Florida. Therefore, it would be difficult for your ex to enforce the "custody agreement" you all made. You may want to discuss it with him and see if he'll agree to you having them full time. Otherwise, you may need to get help from... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I win a Case for alimony for over $ 300.000.00 on 2020, I need a lawyer if I can pay later an the end Can I pay later?

He is appealing

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

There may be appellate attorneys willing to take the case on a contingency basis, but that is not very common. You will need to call around and see if any local attorney would take it on contingency or by requesting fees from him.

If he appeals, even if you don't respond, the appellate...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Husband has seen child 8 times in 20 months. Does he still have all his legal custody Rights?

I left my husband 7/13/19 with my 18 month old son. Since then he has seen our son 8 times. The last time he saw him was 10 months ago. I can't afford a lawyer to get divorced right now.. I It's been 10mo.. if he (miraculously) asks to see him now.. does every law still apply as if he has... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

Your husband is the legal father of your son. Without a court order, there is no losing his parental rights. If he showed up today to see him, he would have the right to do so. In order to minimize or take away any of his rights, you would have to file for the divorce and make enough allegations... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Due to Covid I might not be able to live in my rented home, or home town.

In our family plan, it says it I cannot move more than 50 miles away. But he has moved over three times always in the 50 miles further and further. We’re almost at the furthest point we can be. I currently live in Miami I would like to move to Fort Lauderdale or maybe even south somewhere where... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

Relocations are moving more than 50 miles from where you lived at the time that the parenting plan was entered. The move is not 50 miles from the Father. This could lead you both to living up to 99.9 miles from each other if you each move almost 50 miles from the original family home. This could... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I lived in my grandma's house for 34 years along with my 24 year old austitic brother and my mom my grandma passed away

Last December and when my parents got divorced the papers State that my mom can live in the house minus him back in August my dad and stepmom moved in and they've been trying to kick us out can they do that ? .y mom has been trying to find a new place to live with me and my brother to no avail... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

There's a lot of information needed here to be able to properly answer. The documents from the divorce would need to be reviewed to see exactly what they say about who gets to own the house and who gets to live the house. If your mom is supposed to live it, then your dad would need to leave.... Read more »

1 Answer | Asked in Family Law for Florida on
Q: I signed a power of attorney in 2019 there was no notary there. if the papers were never filed can they be filed now ?

can I search to see if they were filed ?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

A little more information may be needed to answer this as Power of Attorney forms are not normally filed or recorded anywhere.

Good luck!

2 Answers | Asked in Divorce for Florida on
Q: I'm contemplating divorce from my husband after 19 years. We have a single property and common debts. what to do?

He handles all the financial aspects of the home and has all the information. our only child is 19th so custody is not an issue, however, he does resided with us. what are the considerations I must have before entering the process.

Thank you.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 30, 2021

A divorce with no minor children involves spousal support and division of everything you all own and everything you all owe. Depending on the financial circumstances between you and your husband, if you need his help after the divorce and he can afford it, he'll be paying you support or... Read more »

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: If my daughter's mother files for child support, and my daughter is now 17, will I owe her any money?

I live in FL, my daughter and her mother live in NY. She is the custodial parent, we were never married. We have no court ordered child support in place, but I have contributed to my child's living expenses when I am able to do so. My daughter is now 17. If her mother takes me to court for... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

Child support must be established where the Payor lives, so child support has to be filed by the Mom where you live, here in Florida, as New York does not have personal jurisdiction over you. The law in Florida is 2 years prior to filing the petition or request. She would have to file before the... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How can my boyfriend get his kids back from their mother who lost her parental rights, but somehow ended up with them

My boyfriend’s soon to be ex-wife, who he’s separated and estranged from, lost her parental rights a few years ago. His sister was awarded custody of the 2 kids. At some point she became overwhelmed and was contacted by their mother and she gave the kids to her. She left Florida and now has the... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

He needs to file for custody in the state where the children have been residing for more than 6 months and demonstrate that the mother is no longer a legal parent which means that he is the only parent with the right to the children. He needs to consult an attorney in the state where the children... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can my ex adopt my daughter

My sons father, whom ive been separated from for two years, has been raising my older daughter from the time she was 4 years old(shes ten now). In all senses, other than legal, he is her father. Her biological father is not on her birth certificate, and also passed away when she was 3 years old.... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

He is considered a "non-family" member for purposes of adoption. You will need to jump through many hoops in order to do this. This cannot be done without an attorney.

Good luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Porque razón válida,se puede apelar para quitar visita de un padre a un menor?

Mi hijo tiene 7 años ,su padre legal nunca lo ha mantenido ,yo tengo la custodia del niño pero con visita del padre ,yo soy dominicana mi familia toda viven allá ,el me amenaza de que si yo pongo manuntension el no me da la firma para sacar el permiso de poder viajar con el niño a ver mi... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

Si el padre a sido estblecido como el padre legal y visita al nino, aunque no pague la manutencion no lo puedes quitar de los documentos legales del nino. Si el a abandonado al nino y no lo ve ni lo mantiene, entonces es posible quitarle los derechos de padre por abandono. No es un proceso simple y... Read more »

1 Answer | Asked in Child Support for Florida on
Q: My sons father is supposed to pay child support, hes running a non profit organization with about 12 people and works.

He is telling child support that he cant work because of the pandemic and so they reinstated his license. But goes on vacations and leaves the state often. How can I get my child support if he is able to work.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

You have to be able to prove that he is working, or that he is spending money on vacations and trips so that the court can calculate the income he has based on the amounts of money he is spending. If you are only having hearings in child support enforcement court, you must remember that the... Read more »

1 Answer | Asked in Child Support for Florida on
Q: What will happen if my husband ex just decided to put him on child support for his two kids ages 13&14. In Florida
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

Not sure what you mean by what happens. You can expect that the mother is going to be seeking what the law allows which is 2 years of support prior to filing her petition for child support plus support going forward. Both parents' income will be used to calculate the proper amount of support... Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: Obtained custody and child support packet from Orange County Court. Which part needs to be submitted 1st to get started?

The packet is 600 pages. Attorneys have told me that certain parts are submitted at different times throughout the hearings. I want to know what part(s) I need to submit to get things started. I called the Court Clerk and spoke with a Deputy Clerk, whom wasnt sure.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

Most attorneys have never purchased the packet from the court. In order to get better advice you might want to list the names of the documents you received. For custody and child support, you would normally need the Petition to Determine Paternity, UCCJEA, Financial Affidavit, plus any specific... Read more »

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