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Questions Answered by Deborah Bianchi Tracht
1 Answer | Asked in Family Law for Florida on
Q: My daughter refuses to get my 17 year old granddaughter a certified birth certificate. How can I get one for her?

My daughter is a drug addict and my granddaughter has been living with me for months because of it. She can't get her drivers license or state i.d because she doesn't have a birth certificate.

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Dec 12, 2016

You can request this through the Department of Vital Statistics in Tallahassee.

1 Answer | Asked in Criminal Law for Florida on
Q: If i have an 18yrs old daughter. Who wants to fight a 12yrs old girl but dont want to go to jail so she brings a almost

15yrs old to fight a 12yrs old can the 18 get jail time

Deborah Bianchi Tracht
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Deborah Bianchi Tracht
answered on Dec 12, 2016

That is so ridiculous I will not answer it. No attorney would. You are asking about someone committing a crime and looking for justification for it. Your daughter should find something better to do with her time before she starts serving time.

3 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Ex showed up to default, claims didn't receive petition, now has 10 days to respond to amended petition. What now?

My soon to be ex showed up to hearing for default in my divorce and relocation case, but claims she received no other paperwork except notice of hearing. GM gave her 10 days to respond to amended petition. What happens if she fails to respond again?

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Dec 12, 2016

You need to hire a lawyer as you are now involved in litigation and it gets very complicated..

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2 Answers | Asked in Child Support for Florida on
Q: I have 3 kids 21 and above in Puerto Rico. 2 of them are in College. Child Support was originated here US and done 4 yrs

ago. I have documents from court. However I am still sending the same amount and my youngest is now 21. I advised my Ex last check support I will be sending will be end of December 2016 and she is furious. Please advise.

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Dec 9, 2016

You need to file a Supplemental Petition for Downward Modification of Child Support asap. It is always best to hire a lawyer to assist to be sure that it gets done properly. Please let me know if I can be of any further help.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I live in OK now. I moved here to take a well paid position in my company to put my daughter through college from FL.

Her mother and stepfather have recently entered a drug rehab and my daughter is now in care of her grandmother in FL. I had no idea it was that bad. What are my choices as father? I have to be sure my daughter is in a clean and able living environment. I do have her up here every summer and winter... View More

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Dec 7, 2016

How old is your daughter?

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: My ex-husband has turned his phone off, and I can't reach my child. This is not the first time he has denied me access

What can I do about this? Can I send an officer to his house?

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Dec 6, 2016

You need to get in front of the judge to let them know what is going on.

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1 Answer | Asked in Family Law for Florida on
Q: My wife took my kids without my permission to Canada . I am trying to get a sole custody and emergency pickup order

Updated:

The kids have been living in Florida for more than two years.

There are no other court orders that i know of.

Tomorrow is the hearing, I am not sure why the judge says he has no authority in Canada, does that matter?. He is just supposed to issue the order and I... View More

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Dec 6, 2016

So much more information is needed. Were the children living her for 6 months before she removed them? Are there other court orders elsewhere? There is surely a reason the judge is saying that to you. The law is very complicated, procedurally, as well as substantively. If you are not filing the... View More

1 Answer | Asked in Child Custody for Florida on
Q: Is it legal for the non custodial to have a roommate. But no bedroom or beds for two children?
Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Dec 4, 2016

It is not "illegal" per set but lot more information is needed to give proper legal advice.

1 Answer | Asked in Family Law for Florida on
Q: What is verified motion for child pick up order

My 17 year old son returned home at the proper ttimehe packed his stuff and return to my house and asked if he could stay with me because he was not going to return to his mother's house that he would run away before he did I could not turn my son away so he would live on the streets so I told... View More

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Dec 3, 2016

His mother could get a judge to sign a pick up order so your son could be forcibly picked up by law enforcement and returned to her, but it is not likely under the circumstances as your son is 17 and would probably "run".

1 Answer | Asked in Child Support for Florida on
Q: I received on Child Support $122 a week in the State of Florida. My son recently move to CT with his father and since he

I received on Child Support $122 a week in the State of Florida. My son (16 years old) recently move to CT with his father and since he left the money that I get from the child support I send it back to my ex account ( I have the receipts). My ex husband wife wants him to put me in child support... View More

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Dec 2, 2016

How long have they been in CT? They may not yet have jurisdiction. It would seem if he owes back child support (the reason you cannot close the account here) that there would be a set off of sorts so that you would ultimately and possibly not have to pay, especially in light of your child's... View More

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: "HOLIDAY TIME-SHARING SHALL TAKE PRIORITY OVER THE REGULAR WEEKDAY, WEEKEND" what does it mean?

Father got 3rd weekend every month, so In December gets 16, 17, 18.

Also Winter Break Dec 25, 26, 27, 28, 29. Does he really get 2 visits in a month? or can I observe the priority of the Holiday time sharing shared above!?

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 30, 2016

He gets the weekend December 16-18 and the holiday. Holiday time sharing is in addition to other time sharing.

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1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: Petition for Injunction for Protection Against Stalking/Cyberstalking was granted pursuant to 784.0485...See additional

Ex-Wife was granted her Petition for an Injunction for Protection Against Stalking/Cyberstalking under section 784.0485. In the Florida Supreme Court approved standard form used for the Final Judgement the language relating to reporting violations says that the rules governing violations under... View More

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 30, 2016

Since you are worried about criminal charges, I would contact a criminal defense attorney. Also, I am in Broward County, in south Florida. You need someone more locally.

1 Answer | Asked in Child Custody for Florida on
Q: Can the father be given custody or visitation if the child has only met him twice?

My daughter is two and has only met her father twice in her life. I am willing to let him see her if I am there because she does not know him. I am willing to have a schedule to have her and him interact so she can get to know him. He is saying he wants to get visitation rights and custody through... View More

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 29, 2016

Barring any extraordinary or dangerous circumstances, he will get time sharing and will also have to pay child support...

The court will most likely order some type of short term transition time sharing. It is best if you have an attorney represent you, if you can afford one...

1 Answer | Asked in Child Support for Florida on
Q: Ex filed mod of child support. I am filing ans and counter. Is mailing ans to his home address cert ret rcpt enough?

Does he need to be served via Sheriff? Can I drop at his place of business?

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 28, 2016

Yes, but you need an attorney, as this can be complicated. You do not need a process server or sheriff. If you insist on doing this yourself, please review the Rules of Civil Procedure and Florida Statutes regarding modifications. I wish you the best.

1 Answer | Asked in Domestic Violence for Florida on
Q: An I allowed to still live in the same home as my sister , after she's filed a police report for domestic violence ?

I currently pay bills in the home , receive letters , I'm on probation and it's my residing address.

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 28, 2016

If there is no restraining order or "no contact order" in place, then you are allowed to be in the house.

2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: My ex is ordered to pay 72% of childcare expenses. I hired a sitter, and my ex says he only has to pay if they licensed?

I had to hire a sitter because daycare is closed at the time I need care for them. Is he right? I'm in florida btw

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 28, 2016

It depends on what your court order says. Usually that is not the case.

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2 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: What's the correct way of the wording to protect my Moms house with me the son having P.O.A. .

We have papers drawn up : P.O.A. & Living Will and orher things that you typically do when setting these up . But I've been told that the way the house is written up is not protected correctly because it wasn't recorded into the plot book after all this was done .

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 28, 2016

There is too much at stake. You need to hire an attorney to prepare everything correctly for you.

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1 Answer | Asked in Family Law for Florida on
Q: I have just found out that my ex lied about his income on his financial affidavit in a DOR case 6 years ago.

3 months after filing that affidavit, he filed bankruptcy showing his income was over 1800$ more than the prior one per month. Would I be entitled to back child support due to his lying? He also put on there a YTD income which when divided out comes to $1000 more than the income listed on the DOR... View More

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 22, 2016

If you have newly discovered evidence you can reopen that issue. Since you are working with DOR speak with your caseworker... they should be able to help you..

1 Answer | Asked in Divorce for Florida on
Q: I am trying to apply for the hage convention to bring my kids home.

The lady there told me i need my "Florida' “state statute” (family/civil code). I have no idea how to get that. Any help ?. Thanks !

Thank you for the response. But specifically whay i am trying to know is how to get this Florida' “state statute” (family/civil code). Any suggestions ?

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 22, 2016

This is a very very complicated area of law. You need to hire an expert. There is no one who can walk you through this type of situation. If any lawyer tried to walk you through it it would borderline on malpractice. You really need to consider hiring a professional. I wish you the very best of... View More

1 Answer | Asked in Child Support for Florida on
Q: If my child support arrears have been sent to collection do i get removed from the arrears list? Can i get a passport..

I am working out a payment plan with the collection agency. The State has closed my account.

Deborah Bianchi Tracht
PREMIUM
Deborah Bianchi Tracht
answered on Nov 21, 2016

You need to call them to be sure they close everything out, if you have worked out payment plans.

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