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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
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... View More 
& 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?
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... View More
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... View More
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!
A
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... View More
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... View More
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:... View More
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... View More
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... View More
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 ?
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,... View More
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?
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.
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... View More
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.
If divorce occurs in one state, does the marrying state influence the terms of divorce?
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!
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... View More
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... View More
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... View More
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,... View More
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... View More
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.
answered on Feb 8, 2020
Most family attorneys do.
Good luck,
Vanessa Vasquez de Lara, Esq.
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?
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... View More
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... View More
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... View More
Child support is pending, DOR already send me papers establishing paternity, don't know if i would file for visitation, but went to court office and they said i don't have a case number?
answered on Feb 8, 2020
Department of Revenue (DOR) child support cases are different from parenting plan cases. In order to establish timesharing with your child, you must file a Petition for Determination of Paternity. This allows you to establish parental responsibility (ability to make decisions for your child, along... View More
Was till I got on my feet and was able to provide for my son. I am already getting child support granted by the same judge. So how long does his mother have to respond to the summons?
answered on Feb 8, 2020
The facts here are difficult to sort out, but all summons in the family court allow for 20 days to file an answer.
Good luck,
Vanessa Vasquez de Lara, Esq.
I have one yr old, (mom/I never married) & she has lived in my home since she was born, mom left in Sept 2019 & she left our daughter with me. Three Face-to-face visits happened once a month as when mom requested them through another party from Late Oct-Dec, with only other contact by mail... View More
answered on Feb 8, 2020
As the unwed mother of the child, she is the only person legally entitled to the child. The police will usually not do change in custody but you never know. Therefore, until you go to court to be declared her "legal" father and not just the biological father, I would try to get along. It... View More
They are still married, neither has filed for legal separation or divorce. They have 2 kids wife is Army, husband is Airforce.. wife is stationed in Enterprise Alabama but filed from Montgomery county. Husband stationed in Florida. the father pays half of daycare and provides extra money for food,... View More
answered on Dec 19, 2019
Child support can always be requested, even if the parents are still married. But it sounds like the jurisdiction on this case may be incorrect as child support must be filed where the paying parent lives, not where the children live. An attorney should be consulted to see if the case can be... View More
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