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Questions Answered by Vanessa Alexandra Vasquez de Lara
1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I have custody of my kids here in Florida the mom Don’t see them if we move 6 month to Puerto Rico will Change jurisdict

I have custody of my kids here in Miami Dade Florida the Mother does not come visit them or call them but she does pay child support through the courts my kids have not seen her in years we are moving to Puerto Rico if we live in Puerto Rico over six months will that change the jurisdiction of me... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 10, 2019

If there is a court order for timesharing, even if she is not following it, you must get her permission or a court order to relocate to Puerto Rico. This is a bigger issue for you to deal with prior to leaving as the jurisdiction question is affected by the relocation and Florida may keep... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a magistrate adjust child support at a hearing after a new parenting plan was agreed upon with more overnights?

My ex filed a Petition to Determine Paternity & Related Relief. There's a support order in place since August 2017 but no parenting plan so overnights are not included in the support order. We met with a mediator and agreed on a parenting plan that gives me 134 overnights per year. We both filed a... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 4, 2019

You probably need to file to modify or supersede the order from 2017. It is very possible that child support will not be heard in January as it would only be heard if someone has already requested the child support be adjusted. Child support mistakes have consequences for many years, so I suggest... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I have a 4 yo daughter, my ex moved to another state and his driver license has been suspended here..

...for financial responsbility and as far as I know, he doesn't have a new one from the state he moved to.

We don't have an open case or anything, but I normally let him see her during supervised visits and even stay overnight with her in my house.

Lately, he wants to force me to... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 24, 2019

As an unwed mother, you actually have full guardianship of the child and do not have to "allow" any contact that is not court ordered. Therefore, although we always recommend working things out with the other parent, you should not allow the father to dictate the terms of how he will see the child... Read more »

1 Answer | Asked in Civil Litigation, Family Law, Adoption and Child Support for Florida on
Q: Need help with FL law in regards to child support termination via adoption. Father wants to sign over his rights.

Mother has full custody and is remarried. Father has already established paternity but lives in NH.

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 21, 2019

If the Father is willing to consent to a step-parent adoption, then it is a relatively simple matter to have the child adopted by the step-father and the Father's rights terminated. If, on the other hand, the Father wishes to terminate his rights and leave the child fatherless, this is normally not... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My 38 year old son, Brendan and ex-fiance have an 11 year old son together. recently they broke up in a very bad way.

No violence involved, but the mother has told so many damaging lies to family and the police, then got a temp. No Contact Injunction against my son. She is filled with so much hatred, has threatened Brendan that she would make sure he'd never see their son again and she won by making up enough... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 16, 2019

He needs to file a paternity action in the family court to be established as the legal father of the child. Then, the family court can make appropriate findings as to timesharing and parental responsibility. Domestic violence injunctions as to a partner do not automatically cover the child unless... Read more »

1 Answer | Asked in Estate Planning, Family Law and Landlord - Tenant for Florida on
Q: Ok so over two months ago my fiance and mother of my two children had let a few things out that eventually became known

That she had been living a double standard for almost a year so long story short we had words she packed up her things after trying to get me arrested over false accusations numerous ones at that she then went and placed a injunction against me for no contact with her or my two boy's. So cops came... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 12, 2019

You need to speak to an attorney immediately. You need to have the injunction against you reviewed and if valid, you must do an eviction/ejectment in order to get any third parties out of your house.

Good luck.

1 Answer | Asked in Family Law for Florida on
Q: My boyfriend of 8 years passed away. Our house is in his name. We don't have a will. Do I have rights?

the family placed a 30 day notice of eviction while we negotiate the conditions to sell the home to me. I am doint all of the compromising, while the family is not. What rights do I have if any if they do not accept my offer? I have paid $25,000 into the home and am currently paying the... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 12, 2019

I'm so sorry for your loss. You must immediately contact an attorney to determine whether you must do a partition action to divide the home. As it stands, you do not have legal rights to the property and only a real estate attorney can advise you if a partition action would assist you in recovering... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If I remarry can the child come live with me when I relocate? My new spouse is military and the child wants to relocate
Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 12, 2019

In Florida, you must file for relocation once you have the information about where you are desiring to move. If the other parent agrees, then a new parenting plan is filed and you can move. If the other parent does not agree, you must ask the court for permission. Relocations are not easily granted... Read more »

1 Answer | Asked in Child Support for Florida on
Q: My daughter is 17 she no longer lives with her mother in Arkansas I have court for child support for my daughter

Can I file answer to court for notice of hearing to let them know this info . My daughter has her own job a daughter she takes care of what will happen please help I live in fl. I sent request for via phone hearing help with info to put on answer

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 12, 2019

You must ensure that you are heard on that day whether in person, telephonically, or through an attorney. I would file a response to whatever has been filed on behalf of the mother where you can advise the court that the child is now emancipated and no longer being supported by the mother.

1 Answer | Asked in Child Support for Florida on
Q: ex wife filed for an extension on child support saying that my daughter is still in high school. Can she do this?

My daughter is 18, has been taking college classes for over a year, and is homeschooled. My Ex wife had a local high school state that that she doesn’t graduate until late next year. She has been homeschooled her whole life without my consent by her mother and my ex wife decides when she graduates.

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 12, 2019

It depends on whether this modification request was filed before or after your daughter turned 18. You can demonstrate that the child is not in high school and/or will not graduate prior to turning 19 which leaves the child support as only through the age of 18.

Good luck.

2 Answers | Asked in Child Custody and Child Support for Florida on
Q: If my step children's mother moved out of state and left them with us while having a 5050 timeshare do we get primary?

Last year my husband and I were granted 5050 custody of his children. Recently their mother decided to move home to ohio and leave the kids. Does that mean shes forfeiting her 50% timeshare and we get primary custody? Also we are still paying her 70 a month in child support. we do not want to cause... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 12, 2019

I would make sure that everything is well documented via emails and/or text messages. I would wait until it's been at least 6 months to then file a Petition to Modify Timesharing and Child Support based on the Mother's relocation. She's already in violation of the relocation statute as that statute... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: My father has dimentia and his medical records state that. Can he remove me as poa and change will?
Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 12, 2019

Once a person is mentally incapacitated, they can no longer change any of their legal documents. In order to ensure this though, a guardianship needs to be opened so that he is declared legally incapacitated, not just medically incapacitated. The guardianship can then be used for any purposes which... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Legal advice about the University dorm policy

My daughter is a freshman at the local University, where she has been assigned a room with girl roommate on campus. Unfortunately, few weeks ago my daughter moved to the boy's apartment on campus and began living with class mates. As a concerned parent, I briefly discussed this situation with my... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 11, 2019

Unfortunately, because your daughter is 18, she is legally an adult. Therefore unless she is mentally incapacitated and in need of a guardian she can make any decisions she wants, regardless of right or wrong. What you can do is cut off financial support if she's making decisions you disagree with.... Read more »

4 Answers | Asked in Contracts, Divorce and Real Estate Law for Florida on
Q: If a married couple buy a house but the loan is only in the husband's name does that affect property division in Divorce

We are ready to purchase, I am retired, been married 24 years, 13 year age difference. He applied for the loan without me being on the loan. My name is on the contract however. I am worried because we will be using joint money for the down payment.

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 11, 2019

The fact that you are not on the loan is not an issue for property division if you were to ever get a divorce. For purposes of estate planning, it would be an issue if you are not on the title.

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2 Answers | Asked in Divorce for Florida on
Q: How do I force the sale of my house? It’s court ordered to be sold, but ex husband will not respond to the realtor.

My ex husband is still living in our home and the house is supposed to be on the market to be sold. He will not communicate with me or the realtor who the court chose to sell the home. How can I move this process along and get my house on the market?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 11, 2019

You must immediately file a Motion to Enforce the court's order on the sale. You can request that the court give you sole authority to execute all documents in order to carry out the sale. This will allow you to be the sole point of contact for the realtor, the title company, and the buyers.... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: This question relates to my answer/ reply from "Rand Scott Lieber"

Thank you for your reply. I should have specified the immediate issue. We have been married for almost 15 years. I know I will need to give support etc... My immediate issue , we don't have very much money right now. I"m trying to solve how I get her to move out since I don't have immediate funds... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 11, 2019

Without court intervention, there is no way of "making" her move out. All you can do is choose to leave and leave her in the home. As another poster indicated, if the home is owned, she's entitled to her marital share of the equity.

Good luck.

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2 Answers | Asked in Child Custody, Divorce and Immigration Law for Florida on
Q: Im going threw a divorce to a filipina girl came over used me now is trying to take my son from me

Im going threw a divorce to a filipina girl came over from Philippines withen less then a year leaves me for another man she is not a usa citizen my son is what can i do to get pro bono help shes trying to have me pay for her lawyer as well an take sole custody of my son i am looking for a pro bono... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 11, 2019

If you are low income, then Legal Aid Society of Palm Beach may be able to assist. Otherwise, the local bar association in Palm Beach may be able to refer you to a reduced rate attorney.

Good luck.

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