You cannot record any hearings without the court being aware of it and authorizing it. WHat is the always available route is to hire a court reporter to take down everything that happens and can create a transcript of the hearing after attending.
I found out yesterday that he has moved without telling me and i do not know where. I have my divorce packet filled out and my parenting class done with certification. What do i need to do to get my kids asap
You will need to figure out where he is. You will not be able to start the process without serving him the documents. A good private investigator may be able to help you with this. Checking all social media, checking in with friends/family, and or checking with the children's schools to see...Read more »
My ex was served and never responded to my petition to modify child support. A Clerks Default was issued against him on May 3 (he was supposed to respond by April 1) and a hearing on the default has been set for early July.
I have already filed and served my financial affidavit, and... Read more »
The Default simply is him not disputing what you alleged in your petition. You need to, if possible, provide evidence for what the change in child support should be. So yes, you should definitely file your evidence for the hearing. Normally financial documents are not filed on the docket, but with...Read more »
If I live in Florida, and I have money from a separate account prior to the marriage, and I transfer some of that money into a marital account for both spouses, then does the separate account prior to marriage stop being separate and becomes a marital account?
The transfer of premarital funds into a marital account only makes the money transferred marital. It does not convert the premarital account into a marital account. It is very easy though to convert premarital assets into marital. If this is an ongoing concern, a post-nuptial agreement may be...Read more »
we live in Florida . he moved and wouldn't tell me where , he wont tell me where my belongings are , unbeknownst to me we were evicted. he makes 150k annually. i had an injunction against him b4 that expired 1 month b4 we decided to try to fix our marriage again. he is the breadwinner and... Read more »
Alimony in Florida is based on need and ability to pay. You have to need it and he has to be able to afford it. The General Magistrate can certainly order alimony if the matter being heard by the Magistrate is related to support. You need to make sure there's a motion or a petition requesting...Read more »
Birth father has no interest in being in child's life or legally tied to child. State informed me I must cooperate with child support to maintain medical benefits for child. I am cooperating to the fullest. Paternal grandmother has informed me father is willing to sign papers. Will this... Read more »
If you allow the birth father to voluntarily surrender his parental rights, IT WILL affect your government benefits. The State is not in agreement with you letting dad off the hook in order t leave the state on the hook. Once you are married, your fiancee can do a step-parent adoption and...Read more »
You need to file a response to the motion and make sure that the court has your most up-to-date contact information so that you will be noticed if there is a hearing on her motion. Just because she said it in a motion doesn't make it true, but if the court thinks there's an emergency they...Read more »
I am filling out a "Notice of Related Cases" in relation to having my name legally changed. All I have on my record is a pair of civil traffic cases, but they are both closed cases. I verified they are closed through Duval County's CORE Website.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.