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Questions Answered by Vanessa Vasquez de Lara
2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Me and my husband have been separated years ago and out minor children have lived with him. He has keep them from me.

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

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jul 6, 2021

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 »

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: So I need to submit evidence at a Default hearing on a Petition to Modify Child Support?

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 »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jun 2, 2021

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 »

1 Answer | Asked in Family Law and Divorce for Florida on
Q: In FL, if transfer money from separate premarital account to marital account, makes premarital account marital?

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?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Apr 4, 2021

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 »

2 Answers | Asked in Divorce, Family Law, Appeals / Appellate Law and Domestic Violence for Florida on
Q: will the magistrate/judge ensure i get some form of alimony and my belongings (8 yrs married with dv no child) ?

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 »

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

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 »

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1 Answer | Asked in Family Law for Florida on
Q: Do I need an attorney if father is willing to sign paternity acknowledgement and termination of rights?

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 »

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

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 »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What is the process when ex wife filed an emergency motion for full custody?
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Feb 28, 2021

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 »

2 Answers | Asked in Family Law and Traffic Tickets for Florida on
Q: Do you need to report closed civil traffic cases on Notice of Related Cases?

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.

Do I still need to list those... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Feb 28, 2021

The Notice of Related Cases is for cases that are related. For example: if there is a child support case and a divorce case. Closed traffic cases are not related to a name change.

Good luck!

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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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