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Questions Answered by Deborah Bianchi Tracht
2 Answers | Asked in Child Custody for Florida on
Q: I'm moving to tampa, I have never been married to my oldest sons dad, would he have to give me permiss

I want to know if I can move from miami with my son without my sons fathet taking me to court

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 23, 2017

Does he have time sharing? Does he support the child? Usually you need consent or court order. Relocation is a complex process. If your ex has time with the child, he could object to your moving. In that case, you must go to court. You can move anywhere, but not your children. You should... View More

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2 Answers | Asked in Divorce for Florida on
Q: I married a British citizen in Kentucky. She never became a US citizen. She is back in England. Is the marriage valid?
Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 23, 2017

Yes, unless she was married to someone else when she married you.

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1 Answer | Asked in Child Support for Florida on
Q: At what point can i file to hold my kids father in contempt for being behind on child support?

He is suppose to pay 220 a month for both and he wasnt paying so i spoke to child support enforcement and they made it to where his employer pays 50.77 a week but he is still behind by like two or three months and he isnt filing taxes to avoid them takinf it out of there.... On our court order we... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 22, 2017

Call Child Support Enforcement. They can help. You are using them anyway. You can't use them and a lawyer. One or the other.

3 Answers | Asked in Family Law for Florida on
Q: Does the biological father to my son have rights to him if he did not sign the birth certificate?

Like could he take my child without my permission. Also I gave him 2 months of chances to sign it but he refused.

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 21, 2017

He has rights, but he has to pursue them legally, through the courts.

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2 Answers | Asked in Divorce for Florida on
Q: I live in Ecuador and wish to marry a Ecuadorian woman. I divorced 30 years ago in FL and need proof documents.

Is there a basic US data base for these transactions, or is it state based? If I have no recall of date or place because my ex filed the divorce, how can I obtain a proof document? Thank you!

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 21, 2017

Which county in Florida? It is possible to search records in the county of the divorce, through archives. It can be searched through the names of the parties.

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2 Answers | Asked in Divorce for Florida on
Q: Can a spouse designate how an IRA that is given to the other party be used.

Spouse told me he is designating the IRA be used for children's education when grandma had promised to provide money for college.

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 15, 2017

No. Not unless it is in the court order.

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1 Answer | Asked in Child Custody and Child Support for Florida on
Q: I just filled for child support today and I was trying to see how it works and what is the process I have a 4 year old &

A 4 month old daughter and since I left there dad now he doesn't help me at all haven't helped me for months since I won't take him back how does this process work and how long does it take?

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 14, 2017

Contact your local Department of Revenue

1 Answer | Asked in Child Support for Florida on
Q: Received a letter for child support to be reviewed. Ex-wife said she did not request it. Does the court do it themselve?

Current order in affect for 6 years

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 14, 2017

Yes. If someone applied for governmental assistance.

1 Answer | Asked in Family Law, Landlord - Tenant and Probate for Florida on
Q: I co-own a home with my grandpa, can he put in his will for my father to live there until my father dies?

My grandfather states that it is in his will that my father can live in the home until he(my father) dies. The home is owned outright by me and my grandfather joint tenancy with full rights of survivorship. I have never seen this will; and want to know if this is something he might just be saying... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 9, 2017

It sounds like he gave your Father a life estate pursuant to his share of the home. If you really want your father out when your grandfather passes, you will have to get involved with litigation.

1 Answer | Asked in Divorce for Georgia on
Q: How long does a divorce through publication in GA take? My fiance claims he filed back in November 2016, is it 90 days?

My fiance said he filed back in November 2016 does it take 5 months?

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 9, 2017

You have to check with Georgia, as well as Florida. Hopefully he is publishing in the right places.

2 Answers | Asked in Child Support for Florida on
Q: If the father of my child pays c.s doea that give him the right to change my childs last name?

My son has my last name at the moment and only my signature on the birth certificate.

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 9, 2017

No. There is a legal process to be followed for a legal name change and he is not following it.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: My children's mother agreed to let me take them every weekend in text. Is that an agreeable contract if we both agree

We have a child support case but nothing else there is no sole custody but she hasn't let me see them routinely

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 9, 2017

No, that is not enforceable. You need to get a petition filed for time sharing, so that you have a court order, to protect your rights. You should hire a lawyer to do that for you.

1 Answer | Asked in Family Law, Criminal Law and Child Custody for Florida on
Q: My baby was brought by her father with bruises and adult size bit marks and bump on the back of her head..

where can I get affordable representation for sole custody of my child... CPS said investigation was inconclusive.

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Feb 2, 2017

Please call me later this afternoon. 954-776-2320. I want to help you.

1 Answer | Asked in Family Law and Immigration Law for Florida on
Q: I found out today that my father is not biologically my father? Will my case be denied?

Hello. I completed DNA for myself, sister, and father and the result was far from what i expected. My father is not biologically related to me. I am in the process of getting my sister in by using the Haitian reunification program. My father has his green card which he obtained from my filling.... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 31, 2017

You need to speak with an attorney who specializes in immigration.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: paternity

after an auto accident I was near death for months,tied down out of my head.37 years later a set of triplets on the west coast contacted me with a DNA test that says I am their father they look like mine too. do I have any responsibility?

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 31, 2017

If they knew where you were all these years and never pursued this or if they knew or should have known that you could have been the father and never pursued it, you may have a laches defense (which is similar to a statute of limitations statute). You need to speak with and/or hire a family law... View More

1 Answer | Asked in Child Custody for Florida on
Q: In fla if your mother was given temporary custody of your daughter (who is partially disabled )years ago and she

Refused to let me see her she is now 18 and daughter wants to come love with me will they let me

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 31, 2017

Depends on her disability and what the prior order says. Generally, she is an adult now, so it shouldn't matter, unless her disabilities deem her mentally incapable.

1 Answer | Asked in Domestic Violence and Immigration Law for Florida on
Q: my friend got arrested for DOMESTIC VIOLENT AND SHE NOT RESIDENT YET HOW WE CAN GET HER RELEASE FROM PRISON?

THE JUDGE SAID SHE HAVE TO PAY 100$ BOND BUT SHE HAVE A IMMIGRATION HOLD BECAUSE SHE DIDNT APPLY FOR RESIDENCY BUT SHES MARRIED TO A US CITIZEN

THERE IS ANY WAY TO GET HER OUT FROM PRISON?

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Jan 31, 2017

You need to contact an immigration attorney who also handles criminal defense.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: So Dcf gave me my kids back an i just had a set of twins , Can they take those babies ?
Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 31, 2017

Each case is decided on a case by case basis. If you are allegedly abusing or neglecting your children or allowing others to do so, then yes, they can.

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: I am waiting on my divorce decree. I just find it unfair and for the safety of my daughter. There was domestic violence.

There was a restraining order filed against him, but then he requested to have it terminated once he finished the domestic violence class. The termination was granted and then for the divorce, he was granted to get her every other weekend. And I don't find that safe at all. He says he learned... View More

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Jan 31, 2017

No attorney can properly answer with question without many, many more details. If a judge already ruled, it is not up to me to decide if that was the "right decision." You should have had an attorney with you at that hearing. I wish you the best.

1 Answer | Asked in Divorce for Florida on
Q: Is there any way to get free representation for divorce, or to go after my soon to be ex for the payment of my fees?

I am on Social Security Disability only and had to move out of my marital home which I jointly own, and now I'm payment $850 a month for rent and only receive $1090.00 per month. I have had no maintenance from him at all, and every time I ask my current attorney about this, she says it has to... View More

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Jan 23, 2017

Most attorneys require payment up front. It is probably best to stay with the attorney you have and try to work it out.

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