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Questions Answered by Vanessa Vasquez de Lara
1 Answer | Asked in Family Law for Florida on
Q: My brother is threatening to report his 16yo son as a runaway after allowing him to leave with me. What should i do?

My brother had slapped my nephew and so he called me to come get him. When i got there, my brother said he wasnt going anywhere but then threatened to beat the crap out of him when i left so i stayed. After arguing for several minutes he told him to leave but not to ever come back and even said he... Read more »

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Oct 16, 2020

You need to contact the Department of Children and Family immediately.

Good luck.

1 Answer | Asked in Child Custody for Florida on
Q: What is my next step if I was granted a relocation case for my child and 9 years later decide to move back.

Are both parents still obligated to follow the time sharing order even though this is based upon the parent and child living in another state?

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Oct 14, 2020

Typically, if you are returning to where the other parent resides, the other parent is likely to agree with the relocation. Otherwise, you are supposed to follow the relocation laws of your state to obtain permission to move. If the relocation happens by agreement, you and the other parent can... Read more »

2 Answers | Asked in Family Law for Florida on
Q: i havent received help from my son father and he refuses to help when i ask he rudely denies help and tells me no

Im currently having issues with the father of my son he hasn't help with nothing of the child these months no child support i recieved $40 about two weeks ago and tells me to take that sorry child support and to stop asking him for help because he is not obligated to help me if the child is... Read more »

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Oct 12, 2020

There's a lot of information in your question and you should probably consult with an attorney for more detaled legal advice. That being said, if there is no child support order, the child support amount has not been legally established and therefore the Father is not violating a court order... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Can you ask a judge to recalculate arrears in Florida Child Support case?

NCP was supposed to hold medical insurance on a special needs child and never did. The child has since been emancipated and I am looking to collect arrears that are past due? DOR has a hearing 10/14/2020 for contempt of non-payment...I need to know if I can ask them to recalculate the past due... Read more »

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Oct 7, 2020

The court can only give you what you ask for. You have to file a Motion for Contempt if he was supposed to do something and did not do it and it cost you money. Most child support orders include a division of medical expenses and you can seek reimbursement for those expenses. But unless a motion... Read more »

2 Answers | Asked in Family Law and Criminal Law for Florida on
Q: A friend of mine signed power of attorney over to me for all his affairs and properties while he's incarcerated

I am to move into his house and take care of his wife and to have anyone removed if they don't have permission to be there. The wife is not mentally stable to make decisions for her self. Question is can I do all of that without the police getting called and me going to jail for trespassing

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Oct 7, 2020

The problem is not the police being called, but the fact that if his wife is there and this home is marital, a power of attorney is probably not sufficient to give you authorization over her property. If she has mental capacity and has not been declared incapacitated, a power of attorney on the... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Change of Name in USA

I born in Puerto Rico. Currently living in Miami, Florida. Want to change first and last name. Can I have the petition for change name in Florida ?

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Sep 23, 2020

Yes, if you are now a resident of Florida, you can change your name through the courts here in Miami.

Good luck!

3 Answers | Asked in Family Law and Child Support for Florida on
Q: What does case status of consent judgement mean in a Child support case in which I'm the receiving Parent

I've received a letter from the Clerk of Courts over a month ago stating arrears are paid in full. Therefore the case is closed with the Dept. if Revenue. I've looked up the case order online the case status is consent judgement not closed!

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Sep 10, 2020

There isn't enough information here to explain what you may have seen on the docket.

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1 Answer | Asked in Child Custody for Florida on
Q: my ex secretly filed & had a custody hearing on Feb 20, 20, he was awarded sole custody, i was granted a retrial

I was not informed of the proceedings in February, he was awarded sole custody by a majistrate, last week i was granted a retrial, does he maintain sole custody now or does it defer to the agreement signed by a judge on 8/20?

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Aug 25, 2020

This depends on what the order for the retrial state. If the order was set aside, then the prior court order applies. If the retrial order did not set aside the last custody order, then you are still under that order.

You really need to have an attorney assist you in evaluating all of your...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My exhusband is trying to send my kids to live with his mom in a different state for the school year. Can he do this?

He lives in Colorado, I live in Florida, our case jurisdiction falls in Colorado. He has decision making. But he wouldn’t be going with the kids. Him and his fiancé were kicked out so they sent our 2 kids and their 1 child to live with his parents in Kansas for the school year.

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Aug 19, 2020

I'm pretty sure the courts in Colorado would not be ok with him sending the children to live with third parties over a parent. Unfortunately, you will have to get an attorney in COlorado to assist you since I'm assuming that is the home state of the children for the last six months.

Good luck!

1 Answer | Asked in Family Law for Florida on
Q: Can I take my biological children from their biological father and keep them at my residence and not get in trouble?

I want my children to live with me and go to school in my county without getting in trouble. Me and their father have no legal agreement about custody.

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Aug 17, 2020

An unwed Mother is the sole and natural guardian of children born outside of a marriage. Therefore as the Mother, only you have the authority to choose their school and their residence. Once you go to court though, that changes. You may want to try to work it out with the Father. Otherwise, you and... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: been dealing with support case for 13 yrs with my child’s mom. She has family that works in the system manipulated

Child lives with neither parent yet she seeks child support. Lost my job and I’m a injured vet whom served 7+yrs. original case from Illinois. Mother moved child from Chicago to Arizona without fathers (me) consent or knowledge

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Aug 17, 2020

Your question is unclear. If you need someone to review the order of child support or modify it, since you lost your job, you will need to have someone where the order was initially entered, which from your question was not in Florida. You may want to repost your question in the Illinois section of... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My daughter turned 18 last year Florida revenue closed the case in 2017 why is the st of Georgia unaware of this

Why are they still garnishing my disability check and took my stimulus money when I don't owe them nothing I sent a copy of the transaction history dating all the way back to 2012 showing balance due is zero I believe I'm intitlled to reimbursement from the date of case being closed til now

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Aug 17, 2020

Sometimes, when a child support order is not clear when child support ends, you have to ask the court to end the child support. You may need to get a court order ending the support and addressing the issue of over payments.

Good luck.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My child support case has been closed since 4-28-17 I'm still paying do I have a case
Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Aug 17, 2020

Having a closed case is not the same as not having a responsibility to pay child support. It's unclear what you mean by closed case. If your child/children have all reached the age of majority (18) and graduated from high school, then you should be done paying. If money is still being taken... Read more »

2 Answers | Asked in Family Law for Florida on
Q: Can I take my son on the road working with me he is home-schooled

I got a recent job opportunity to travel for work my son has been living with me for the past 4 years his mom pays no child support at all neither one of us have ever went to court for custody my question is can I take my son traveling to work with me his mom is refusing to let me go but I know... Read more »

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Aug 17, 2020

The Mother is the legal guardian of the child if you and she were never married. Therefore, I would not remove the child from Florida without getting a court order of paternity allowing you to take the child with you.

Good luck.

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: What do I do if recommended order from a magistrate had wrong information?

The information used to calculate back support did not have the correct overnights. How do I proceed to try and have it corrected?

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Aug 18, 2020

When the General Magistrate renders a Report and Recommendation, the only way to correct it is by filing Exceptions to the Report. This must be filed within 15 days of the hearing. Otherwise, the judge will ratify his report and you will be unable to correct it.

Good luck,

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1 Answer | Asked in Child Custody, Child Support and Divorce for Florida on
Q: Can a lawyer request 6 months worth of pay stubs less than 24hrs before a trial for divorce, child support, and custody?
Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Jul 7, 2020

Whose lawyer? Yours or the other side? Mandatory disclosure of financial documents is REQUIRED for both parties. The deadlines are within 30 days o the case starting. Therefore, it is very possible that these documents are overdue. Here's the form with the list of all documents required to be... Read more »

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 Vasquez de Lara
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Vanessa 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 Vasquez de Lara
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Vanessa 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 Vasquez de Lara
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Vanessa 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 Vasquez de Lara
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Vanessa 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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