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Questions Answered by Rand Scott Lieber
2 Answers | Asked in Divorce for Florida on
Q: How to get a divorce without knowing where the spouse is

I know he is in New York but he will not give me an address and has blocked access to all communication. We have been separated for over 14 years

Rand Scott Lieber
Rand Scott Lieber answered on Oct 11, 2021

You can file a divorce by publication. Check with the clerk's office to see if the offer free help. Otherwise look for a local family lawyer to guide you through the process.

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1 Answer | Asked in Divorce and Domestic Violence for Florida on
Q: 18 years married. Domestic abuse. HIS NAME ONLY ON ALL ASSETS. Rights to alimony & half of assets if she divorces him?
Rand Scott Lieber
Rand Scott Lieber answered on Oct 6, 2021

What is important is how and when the assets were paid for. If they were accrued and paid during the marriage then they are marital assets regardless of title. The marriage is long enough for alimony. You must next look at one party's financial need and the other party's financial ability... Read more »

3 Answers | Asked in Family Law and Child Support for Florida on
Q: How can I serve papers to a realtor company if it’s all virtual. There’s no physical address, can I send via email?

I am trying to get financial records, dad is a realtor and hiding money. I would like to subpoena so that I can have records for child support court

Rand Scott Lieber
Rand Scott Lieber answered on Oct 5, 2021

If it is any sort of registered business then you can look it up on sunbiz.org

As a business entity you are required to provide a physical address and a registered agent to receive service of process.

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1 Answer | Asked in Family Law for Florida on
Q: Can a judge force me to sell my house?

Can a judge force me to sell my house that I bought with the money I received from my husbands passing? I got remarried and paid for the house cash, my now husband has taken out the entire equity, to pay off his credit card debt. He agreed to pay it back, now he wants a divorce and has said the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 23, 2021

This is a complicated question with multiple steps. Step one is to determine what portion of the house (equity) is marital. You say that the deed lists you, your husband and your daughter. This could mean that you each have a 1/3 interest. It could mean that you and your husband have half and your... Read more »

1 Answer | Asked in Divorce for Florida on
Q: How to reopen a closed divorce that was not finalized

I filed for divorce in 2019 and my other half was never served as they couldn’t locate him due to him being homeless. I didn’t pursue it much further and now the case is closed, but It wasn’t finalized. It was closed due to lack of activity. Do I reopen the case or start a new petition?

Rand Scott Lieber
Rand Scott Lieber answered on Sep 21, 2021

It should be less expensive to reopen as opposed to beginning a new case. Check the fees with your local clerk's office. You will still need to serve him. There are other methods such as service by publication when a person cannot be found. Look for a free consultation with a local family attorney.

1 Answer | Asked in Family Law for Florida on
Q: I have a pending relocation with minor/ paternity case. am i able to move out of the state while waiting.

there has never been an order prior to this case for anything relating to the minor or the father or relocating

Rand Scott Lieber
Rand Scott Lieber answered on Sep 20, 2021

If you are in court for relocation then you cannot move without court permission or agreement of the other party. You can request temporary relocation from the court while the case is pending. If you move without permission it can be held against you in court. Look for a consultation with a local... Read more »

1 Answer | Asked in Divorce for Florida on
Q: My husband made me sign papers for divorce after he filled out what he was getting and what I was getting. He also empt

Out the joint account 2 months ago. Sole support for me last 6 years married 3. He had also took the breaker and thermostat so I had no air cond. And after a week gave it back. He makes 90+ per year and per his lawyer consultation to not help me out with bills . Shows ability to pay. I have... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 7, 2021

You need to look for a local family lawyer that offers a free or low cost consultation as soon as possible.

1 Answer | Asked in Child Custody for Florida on
Q: Hello, I need help with jurisdiction over my child and how to file an emergency order to return him to me.

We never had a parenting plan. He agreed to send him back this coming Monday day and has changed his mind.

Rand Scott Lieber
Rand Scott Lieber answered on Aug 4, 2021

I am assuming that you are the biological mother. If the father has never been to court to establish paternity then you have full legal rights. In this circumstance you can report the father for kidnapping if he refuses to cooperate. If you have been to court for paternity and just do not have a... Read more »

2 Answers | Asked in Family Law for Florida on
Q: I want to know how to put the correct biological father on my daughter's birth certificate. What forms do i need?

We have an Ancestry DNA test as proof.

The biological father has agreed.

There is a father already listed.

Rand Scott Lieber
Rand Scott Lieber answered on Jul 30, 2021

You do not mention if there is currently a father listed on the birth certificate. Depending on that fact you may need to file a paternity action. Speak with a local family lawyer for more specific guidance.

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2 Answers | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?

I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 28, 2021

In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... Read more »

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3 Answers | Asked in Divorce for Florida on
Q: I’m getting divorced, house is only in my name, I am selling ,paying husband off, does he have any say in the sale price

Mortgage is in my name I have made every payment, I did put him on the deed when I refinanced when realtor pulled the title she said my name was the only one on it but my ex is trying to tell me that he has just as much say as I do as far as price being excepted for selling

Rand Scott Lieber
Rand Scott Lieber answered on Jul 28, 2021

You do not say whether you are already in court for divorce or just planning. Either way, since his name is on the deed now he will need to sign the contract for sale. If you are in court and he is not being reasonable then you can ask the judge to intervene. If you are not in court then you will... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: If you are co-owner with a person on a house deed can they be removed if they don't pay their part in property taxes?
Rand Scott Lieber
Rand Scott Lieber answered on Jul 26, 2021

They can only be removed if they agree (voluntarily by signing a deed) or by court order if you file a lawsuit to remove them.

1 Answer | Asked in Child Custody for Florida on
Q: Do I need to get my ex's permission to move to another country with my child?

My ex doesn't have physical custody and lives in another country. My kids and I live in Florida. If it won't affect our custody arrangement and they don't even live nearby (8,000 miles away), do I really need my ex's permission? Our marital settlement also says we shall be free... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 26, 2021

Obviously from your statement you have a long distance parenting plan. You say that the relocation will not change the other parent's timesharing in any way so why don't you just tell them that you are moving? Relocation is about notice also, not just permission. The permission comes from... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can i move back to my home state with my kids if my boyfriend and i are not married legally
Rand Scott Lieber
Rand Scott Lieber answered on Jul 21, 2021

If the biological father has never been to court to establish his legal paternity rights then the mother has full authority over the children, including relocation. However, if he files in court before you move then you will need to deal with him in court.

1 Answer | Asked in Child Support for Florida on
Q: Calculating child support using the Florida child support guideline worksheet.

Is line 9b subtracted from line 9a to determine cost from father to mother? (If lines 10-21 are not applicable because father has less than 73 nights.)

Rand Scott Lieber
Rand Scott Lieber answered on Jul 21, 2021

No subtraction. Whoever has the greater number pays that number.

1 Answer | Asked in Family Law for Florida on
Q: Hello, What is the right steps to take when the father of my daughter has not followed court order?

By court order he is supposed to take my daughter every summer, this year he took her, had her for 2 weeks and decided to bring her back. Now all of a sudden he texts me demanding to have our daughter ready because he is coming to pick her up.

Rand Scott Lieber
Rand Scott Lieber answered on Jul 19, 2021

The remedy is a Motion for Contempt and Enforcement for his failure to follow the court order. Look for a local family lawyer to help guide you.

4 Answers | Asked in Divorce and Family Law for Florida on
Q: Will my marital property belongs to me after divorce if my wife signs a paper to waive any property dispute?

We are in Florida. Today, my wife is aware that the house belongs to me, cause I bought it with my own money. But will the house be divided if we divorce in the future? The house is titled by myself only at the moment.

Does it help if my wife is willing to sign a paper (what kind of paper... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 15, 2021

The document that you are describing is called a postnuptial agreement. I agree that you should contact a local family lawyer to draft a document that meets all necessary legal requirements.

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1 Answer | Asked in Child Custody for Florida on
Q: 50/50 custody dad would like to take kid to a pediatrician check up on his day. Does the mom have the right to show up

Dad carries insurance

And makes the non-medical emergency decisions

Rand Scott Lieber
Rand Scott Lieber answered on Jul 14, 2021

Yes. As part of shared parental responsibility both parents have the right to participate.

1 Answer | Asked in Child Custody for Florida on
Q: Custody issue

Is it possible to be married in the state of Florida and one parent have primary custody of the children that the couple had together?

Rand Scott Lieber
Rand Scott Lieber answered on Jul 13, 2021

If you are married in Florida (living in Florida) and have a child, also living in Florida, then the presumption is that both parents have equal rights to the child. The parents can agree to whatever timesharing arrangement (custody) that they want. Unless you invite court intervention you can do... Read more »

2 Answers | Asked in Family Law for Florida on
Q: Change of Venue

I was awarded primary custody 2019 and the child has resided in Florida from Feb 2019 to present the other parent moved away from the jurisdiction a month later and has moved back to that state a month ago and is trying t transfer venue to a city that the child doesn't reside. I have tried to... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jul 8, 2021

You need to go to court where the child has lived for the past six months. You do not mention whether the move to Florida is permanent. This can be a complex issue so you should look for a local family lawyer for a consultation based on more specific facts.

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