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Questions Answered by Vanessa Alexandra Vasquez de Lara
1 Answer | Asked in Family Law for Florida on
Q: Father wants full weekend for 4th of july however the segment 4 of the parenting plan states one night per week

His usual night is friday to saturday however holiday time states 11 to 11 next day is it ok to go along with the segment 4 one night per week and give him his holiday time and not the full weekend?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Jun 30, 2020

Holiday timesharing is in addition to regular timesharing, not a replacement. So if his regular overnight is from Friday to Saturday and the parenting plan says that 4th of July is from the 4th at 11am to the 5th at 11am, then he is entitled to both days.

Good luck!

1 Answer | Asked in Child Custody for Florida on
Q: How would I file for full custody of my child if I live in one state and they live in another?

My ex filed false charges against me and I still haven't met my daughter because of it. After the court case is over, I'll be verifying who's child it is with a paternity test. If that comes back and I'm the father, I'm not quite sure how I'd be able to file for full... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Jun 18, 2020

Custody, parental responsibility, and a timesharing schedule can only be done in the state the child resides in. Therefore you need to file in New York and ask for a long distance plan or ask for the child to be allowed to relocate with you in Florida.

Good luck!

1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: What age does the child get to choose who they want to live with (mother or father)????
Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Jun 10, 2020

The short answer is never. The long answer is that children are usually not considered mature enough to be able to make adult decisions. One of the factors for determining the timesharing is: The reasonable preference of the child, if the court deems the child to be of sufficient intelligence,... Read more »

2 Answers | Asked in Family Law, Immigration Law and Legal Malpractice for Florida on
Q: Legal immigrant married to a US citizen husband wanting to get her pregnant against her will refusing to provide pills.

Also, wife is a green card holder. She's currently unemployed and can not afford it. Does husband of one (1) year, have right to refuse his obligation to get her pregnant against her will? Can she file a complaint and get her husband to provide contraception?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on May 5, 2020

Your question is confusing. I would encourage her to reach out to the many local organizations that can assist with free or low cost birth control if this is something that she is seeking. There is nowhere to file a "complaint" against a husband who is not being a "good"... Read more »

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Can i build a case for mom to move back to florida since she had my baby?

I got my ex girlfriend pregnant, she moved to Florida for less than a year to be with me, left when we broke up(months) back to Rhode Island and was pregnant. Can I build a case so she would have to move to Florida so i can be in my kids life? I am not on birth certificate

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on May 5, 2020

Although you cannot make mom return, you can ask the court to order for the child to move here and for you to be the majority timesharing parent. This is not as easy as it sounds, but it is your best bet when compared to trying to get mom to move here. Unfortunately, you will need to seek this... Read more »

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2 Answers | Asked in Child Custody for Florida on
Q: Married 12 years, still with husband. I had an affair that resulted in 2 children with another man but hub is the legal

& acting Father. We were never separated. The Kids are now 4 & 5 with no involvement from the other man who said from day 1 he wanted nothing to do with them (we live in Fl, he lives in San Antonio Texas). Can he now come back & file a petition for paternity?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on May 4, 2020

Under the current caselaw, the legal father is your husband. Therefore, he would be unable to come in and disestablish your husband as the father if your husband has been the acting as a father to the children and the biological father has been uninvolved.

This area of law has been...
Read more »

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My Parents have a will and estate I represent. My fathers alive. Is anyone even a brothers attorney entitled to them now

My parents made me the youngest of 3 children their guardian and estate executor of all their assets. This was done to make sure all matters go well, and as they wish when they both pass away, Mom has passed and dad is currently in a memory care at 87 years old. I am now being approached by my... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Apr 16, 2020

You are not required to share those documents with your brother or any other person until you need to go to court to execute their estate plans. I would not share them as they are private documents that your parents entrusted to you until they are needed.

Good luck!

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2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my ex boyfriend move out of state while a paternity action is pending?

A

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Apr 5, 2020

Unfortunately yes, he can move while the paternity action is pending. He will be required to show financials, even if claiming that his income is zero. Paternity matters can be difficult to do on your own and I'd encourage you to obtain a local family attorney to assist if you don't... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: ex not allowing to visit my kids bc of the COVID-19 risks not following the court agreement 3 weeks w/out my children

We have a court signed agreement but I can’t spend time with my kids, spring break they where to spend it with me and ex did not allowed, I want to visit them and is not allowing me to do so either. I would not do anything to put my kids in harm ways and I feel she is using the covid -19 as an... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Apr 5, 2020

Miami-Dade has an Administrative Order re: time sharing. The regular schedule is required to be continued.

You can see it here:...
Read more »

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What can I do about this?

My ex moved out of state to NJ during this outbreak of covid-19. We have two children together and I have primary residency here in the state of Florida. He has not notified the courts in anyway about his moving out of state. After a week of being moved he tells me over the phone that he was faxing... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Mar 31, 2020

He's in violation of the relocation statute here in Florida which requires that a parent with a timesharing order request a relocation from the courts. The courts are not accepting any "faxes". They are also not accepting or hearing evidentiary matters that are not deemed true... Read more »

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: Im owed 38k in back pay for CS. Should I get a personal lawyer to help enforce payments on a regular basis?

I have an open case. Monthly payments are supposed to be $600 but are sporadic. NC parent works “under the table”. How can he be held accountable ?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Mar 11, 2020

You should definitely get an attorney to help you collect on the money that you are owed. The court can order the father to get a job "on the books", they can order sanctions and contempt, they can order incarceration if he does not pay. Simply allowing him to get away with it,... Read more »

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Filed for custody, mother replied but didnt reply with right paperwork. Can I still file for default?

We have a three year son whom I filed shared legal and physical custody of in October. She finally replied and wants sole custody but only filed a parental plan and financial affidavit. Can I file for default since she didn't file all required documents and mail them to me?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Mar 4, 2020

If the Mother did not file an Answer to your Petition for Establishment of Paternity, then yes, the appropriate thing to file is a Devault and ask the judge for a final hearing.

Good luck.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Filed for shared custody, mother didn't file all of needed papers nor served. What to do next? Can I file for default?

Filed for 50/50 shared custody of my 3 year son in October after Mother stopped visits for 5 months. Mother only allowed supervised visitation before where I was responsible for transportation, food and entertainment for her and her 4 children. Mother wants 70/30. She filed parenting plan and... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Mar 2, 2020

You must file a motion to compel or for her to show why she should not be held in contempt of court for her not complying with prior court orders. You must also ask the court for a final hearing or trial in order to have the court determine the final parenting plan.

Good luck.

1 Answer | Asked in Family Law for Florida on
Q: Can two people getting married get a prenuptial agreement that states a simple 70/30 split if they both agree?

If divorce occurs in one state, does the marrying state influence the terms of divorce?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 16, 2020

The prenuptial agreement can have any terms that both sides can agree to, even 70/30. Most of these agreements state if only one states' laws will apply. This would mean that despite you moving somewhere else, the laws of the state where you choose would be applied.

Good luck!

1 Answer | Asked in Family Law for Florida on
Q: What can my fiance do if the mother of his son left the residence state to restrict a father/son relationship?

He has made several attempts to visit him. (Mother denying) Just recently she finally agreed to a visit and the day of we find out she left the state. When he contacts her she tells him shes on vacation and they can set something up for visits when they come back. That was over a month ago! We have... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 16, 2020

If he has not established paternity through the courts, he needs to immediately start the process. Otherwise, he has no legal rights to timesharing with the child. He then needs to search for her in the new state through social media, questioning family members, or other methods. Worst case, he... Read more »

1 Answer | Asked in Child Custody and Child Support for Florida on
Q: My ex wants to go back and ask for child support

in our divorce herring we agreed to deviate from child support and the judge made her sign a special document as well. im not sure of the form but we agreed no child support. she is now living back with her mother and the child is shared 50/50 but I usually have him 4 days a week( not sure how to... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

Child support can always be modified if there has been a substantial change in financial circumstances. There really isn't much you can do, other than document when you have the child in a journal in order to use that as evidence if you should ever have to go back to court.

Good luck,...
Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I have a hearing for my divorce case addressing an order that was granted in my favor.

I had representation until recently and my evidence is on lien and I have to regather my evidence as I just found out that prior counsel did not prepare or turn in my evidence needed for the judge in time for my hearing. Now I have nothing for my hearing and have missed a deadline I was not aware... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

It never hurts your chances to file a Motion for Continuance and explain to the court why you need additional time.

Good luck,

Vanessa Vasquez de Lara, Esq.

1 Answer | Asked in Family Law for Florida on
Q: Do you provide help with father parental rights .
Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

Most family attorneys do.

Good luck,

Vanessa Vasquez de Lara, Esq.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Married 8 years to ASM. We are divorcing. What percentage of retirement, pension, and TSP am I “owed”/have a right To?

We are filing, i just dont know the logistics as far as numbers go that i have a right to as far as pension, TSP, and retirement. Also, what type of alimony do i ask for?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

The way retirement, pension, and TSP distribution looks like is based on the amount of time the person was employed prior to marriage and the amount of time married. For example, a person employed for 10 years and married 8, the marital portion is 80% of the value at the time of the divorce. This... Read more »

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Is it in my rights to give my unborn child hyphenated last name while going through a divorce

The divorce process started during the pregnancy. We filled all the paperwork out together and agreed on everything. We could not finalize the divorce due to the unborn child. Child has arrived and I decided to give the baby a hyphenated last name. I will be going back to one of my ex husbands... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Feb 8, 2020

If you and dad did not agree to the child's name, then yes, this could be an issue that may delay your divorce. Basically the court would need to decide between the names that each parent wants based on what is in the child's best interest. It doesn't stop the divorce, but... Read more »

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