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2 Answers | Asked in Child Custody, Immigration Law and Family Law for Florida on
Q: How to request sole custody in FL to renew children's passports?

I need to renew my children's passports (ages 7 and 13) while residing in Miami, Florida. I was never married to their father, who lives abroad and rarely contacts us. There has been no court order for custody, and I want to request sole custody to facilitate passport applications. What legal... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 17, 2025

You do not mention whether the father is listed on the birth certificate. If he is not then you are in full control. If he is listed then you can try to apply for the passports and explain that you cannot locate the father. Last resort, you can apply to the court for a court order. It would be a... View More

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2 Answers | Asked in Child Custody, Civil Litigation and Family Law for Florida on
Q: What can I do if my ex is not following 50/50 custody arrangements?

I have 50/50 custody of my children with their father. The judge initially said one year with him and one year with me, but now they claim every year is with him. They say I can only have the children on Thanksgiving and Christmas, but I live with them and feel I'm missing out on special... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 15, 2025

You have to return to court to enforce the current timesharing as defined in the court order. Neither parent can arbitrarily change the schedule. Speak with a local family lawyer for more specific advice.

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3 Answers | Asked in Divorce, Contracts and Family Law for Florida on
Q: Can my husband take back my car during separation in Florida?

I am currently separating from my husband. He purchased my car, but both the title and registration are solely in my name, and it is registered to my home address, where he does not reside. There were no written agreements regarding the car, and it is fully paid off. There are no legal proceedings... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 6, 2025

Legally the car belongs to both of you as marital property. Neither one of you has a superior legal right. However, since the car is in your name and you drive it there is no reason that he should take the car. It sounds like you should speak with a local family lawyer in person if this is a real... View More

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5 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I stop alimony if ex-spouse is remarried in Florida?

I'm required to pay alimony to my ex-spouse in Florida. I believe she may now be married to her boyfriend, as she's wearing a ring and they visited Thailand together. Our divorce agreement states that alimony should stop if she remarries. How can I confirm her marital status and... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 29, 2025

Regardless of how you confirm it you will need to return to court with a motion to terminate the alimony. Your obligation remains until there is a new court order. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Child Custody, Child Support, Contracts and Family Law for Florida on
Q: What should we do if the child's father, not legally established, threatens custody over visitation disagreements?

My daughter is not married to the father of her 5-year-old daughter. She recently signed a Power of Attorney of a Child for my husband and me, allowing us to care for her daughter. The father is named on the birth certificate but has not legally established paternity. The child has been living with... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 25, 2025

Tha father’s threats are meaningless until he files a paternity action in court. At that point he will be responsible for child support going back two years and forward. He will also be entitled to a parenting plan which will include a specific schedule for timesharing (visitation). Speak with a... View More

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3 Answers | Asked in Divorce and Family Law for Florida on
Q: Could Snapchat pictures be used in Florida divorce court?

I exchanged mutual pictures with a married woman over Snapchat, and we have never met in person. Now, her husband is planning to file for divorce. Could my pictures be brought up in court as part of the divorce proceedings, even if they weren’t saved?

Rand Scott Lieber
Rand Scott Lieber
answered on May 21, 2025

Infidelity is not an issue in Florida divorces. Only if she spent money on you will the relationship be an issue. There is no reason for the court to consider the pictures. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Child Support and Family Law for Florida on
Q: Am I obligated to continue child support if my daughter re-enrolls in school at 21?

I have been paying child support for my daughter for 21 years. According to the agreement, I am obligated to pay until she turns 21 unless she is enrolled in school. She previously flunked out of college, but just before the last payment, my ex informed me that she re-enrolled in school and is... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 20, 2025

You need to read carefully the court order on child support. If the child was 21 and not in school then you can probably stop paying. Let the other parent take you to court and prove that you do still owe child support. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I take my child home with me after hospital stay or does she need to spend the night with her father?

I am the primary caregiver for my child and have been with her during a two-week hospital stay for her surgery. I signed all the necessary paperwork and stayed overnight, taking time off work. Our custody agreement states she lives with me, attends school in my town, and visits her father three... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 17, 2025

These are the types of issues that the court expects you to work out directly with the other parent. Legally you are supposed to follow the parenting plan. Both parents are expected to do what is best for the child. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Will moving in affect my girlfriend's alimony in Florida?

If I move in with my girlfriend, will her alimony be affected given that she receives it for another 6 years, and we live in Florida? There are no known limits on cohabitation in her divorce decree, and we haven't consulted a legal professional regarding her alimony conditions.

Rand Scott Lieber
Rand Scott Lieber
answered on May 12, 2025

This is from Florida statute 61.14 (b)1. The court must reduce or terminate an award of support, maintenance, or alimony upon specific written findings by the court that a supportive relationship has existed between the obligee and a person who is not related to the obligee by consanguinity or... View More

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4 Answers | Asked in Divorce and Family Law for Florida on
Q: I was wondering in the state of Florida if I were to move in with my girlfriend would it affect her alimony at all?

I don’t believe she has restrictions in cohabitation and there is no financial benefit or support other than saving time logistically from driving back and forth to her house. She has not spoken to attorneys about this yet.

Rand Scott Lieber
Rand Scott Lieber
answered on May 12, 2025

Your girlfriend needs to carefully read her marital settlement agreement. The section on alimony (spousal support) should be specific about the conditions for modification. It is possible that entering into a "supportive relationship" could trigger a modification. Speak with a local... View More

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2 Answers | Asked in Divorce, Arbitration / Mediation Law and Family Law for Florida on
Q: Should I request bridge-the-gap alimony during my divorce in Florida?

I am filing for divorce pro se after 25 years of marriage in Florida. I've ensured my spouse receives 50% of all assets, half of my 401K, and the household savings. Despite this substantial asset division, my spouse, who has only worked part-time due to our arrangement, is seeking full-time... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 10, 2025

There is a difference between making an offer of settlement and filing pleadings. If it comes to filing pleadings then you don’t need to mention alimony at all. That burden is on your partner. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: How to respond to parenting plan change request after moving without court notification?

I have been served papers for a change in our parenting plan in Marion County. I have recently moved, but I continue to follow the current plan and spend time with my daughter. The mother has requested changes due to my move and other unspecified reasons. What should be my response to the requested... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 8, 2025

You should respond to the allegations with reasons why you oppose the changes requested. You are allowed to move so long as it does not disrupt the child's schedule or schooling. Your only legal obligation is to notify the other parent when you move of your new address. Speak with a local... View More

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2 Answers | Asked in Divorce, Family Law, Contracts and Real Estate Law for Florida on
Q: Could my husband claim equity in a condo he quitclaim deeds to me if we divorce?

I am a married woman living in a condo in Daytona, FL, which my husband bought before our 1.33-year marriage; he is the sole owner on the deed. We have no prenups or postnups, and the condo is homesteaded with no liens. He wants to sell it to me, and I've been contributing to expenses.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 6, 2025

To properly protect yourself you would also want a postnuptial agreement making it clear that the property moving forward would be your non-marital asset. Otherwise, if the two of you continue to live in the property together as time passes he may acquire an interest in the equity by virtue of the... View More

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3 Answers | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: How do I transfer a child custody and support case from Colorado to Florida?

My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 1, 2025

If you are in the process of Florida adopting the child support order then you are already doing what you need to. A parent cannot simply relinquish their rights to a child. The father will be responsible for child support until the child turns 18. Speak with a local family lawyer for more specific... View More

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4 Answers | Asked in Divorce, Child Support and Family Law for Florida on
Q: Am I entitled to support from my wife if she wants a divorce?

I am disabled with no income or money. My wife, who has been the breadwinner for over 10 years, wants a divorce. We've been married for 28 years and have no prenuptial or postnuptial agreements. Am I entitled to any support from her?

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 26, 2025

The legal standard for spousal support is financial need and ability to pay. You can definitely ask for spousal support. 28 years is a long term marriage. A support award will be based on how much each party earns, or can earn. Speak with a local family lawyer for more specific advice.

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4 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I start a custody petition in Florida after moving from California, with kids attending school here?

I was divorced in California, where we only had a temporary custody arrangement. I moved to Florida 3 years ago, and the mother of my children moved here 5-6 years ago. We have been sharing custody informally in Florida, with my oldest attending school for 5 years here. The mother now wants to move... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 23, 2025

Yes. Fiie a modification together with the California order. Be sure to file before she moves. As long as the children have lived in Florida for the past six months, the court in Florida has jurisdiction to decide what happens. Speak with a local family law attorney for more specific advice.

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3 Answers | Asked in Divorce, Domestic Violence, Employment Law and Family Law for Florida on
Q: How can I get a divorce and seek support in Florida due to emotional and verbal abuse?

I want to divorce my husband, and I've been married to him for nearly six years. I have never worked, and he has been in charge of everything financially. We don't have any children or shared property. I am seeking alimony and assistance to move out of state. My husband has alcohol... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 23, 2025

Go consult with a local family lawyer that offers a free consultation. You may be able to seek support for a short amount of time but in a six year marriage you are going to be expected to support yourself. Spousal support is based on your financial need and his financial ability to pay. Speak with... View More

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3 Answers | Asked in Divorce, Contracts and Family Law for Florida on
Q: Can a divorce settlement include a clause preventing new partners from living in a house for sale?

In a mutual agreement divorce in which both parties have agreed on all terms and the only asset is a house listed for sale, can we include a clause in the divorce settlement that prevents either party from bringing a new partner to live in the house until the sale is finalized, even if the parties... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 21, 2025

You can IF you both agree to this provision. In reality, you will find that a clause like this is difficult to enforce. What if someone spends the night, or two nights, is that a violation? Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Family Law and Business Law for Florida on
Q: Is a Florida marriage license valid if not notarized and not recorded?

I obtained a Florida marriage license at the Clerk's Office on 09/21/22, which both my partner and I signed. We had a symbolic wedding abroad, but the marriage license was not notarized or signed by the wedding officiant and was never sent back to the court to be recorded. We have a joint... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 15, 2025

Obtaining a license by itself does not mean that you are married. Florida, like most states, does not recognize common law marriage so how you have lived and the joint bank account are not important. You could do an online search of the clerk who issued the marriage license to see if there is a... View More

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3 Answers | Asked in Child Support and Family Law for Florida on
Q: Should I send my high-conflict ex medical bills for counseling co-pay despite potential conflict?

My child's father is court-ordered to pay child support and cover our child for medical expenses. I am responsible for the co-payment and must send the bills to him for reimbursement according to the court-ordered percentage. My child, who is 9, has recently started attending counseling, which... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 14, 2025

Send the bills. First, it is your responsibility through shared parental responsibility to keep the other parent informed about medical issues (which includes therapy). The law is that you do not need the other parent's permission to send the child to therapy so he cannot block it. Worst case,... View More

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