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Questions Answered by Rand Scott Lieber
1 Answer | Asked in Family Law for Florida on
Q: Can my boyfriend take my son and get a paternity test with out me knowing. Then tell me to get out and not let me take

Take my son with me.

Rand Scott Lieber
Rand Scott Lieber answered on Jan 27, 2022

In Florida if you have never been to court for paternity the mother has 100% custody and rights to the child. Speak to a local family lawyer for more specific advice and to protect yourself and your child.

1 Answer | Asked in Child Custody for Florida on
Q: Mandatory Disclosures and Default in Child Support Modification FL

Do you need to file your mandatory disclosures in a modification of child support case where there is a default (no answer 20 days after service)? Thanks!

Rand Scott Lieber
Rand Scott Lieber answered on Jan 18, 2022

Technically you should file your financial affidavit and a certificate of compliance with mandatory disclosure. Since there is a default you do not have to provide the documents.

1 Answer | Asked in Divorce and Child Support for Florida on
Q: In the signed divorce my ex spouse accepted all proceeds from the sale of the home instead of child support

Can she come after for support now that she has decrease her income?

Rand Scott Lieber
Rand Scott Lieber answered on Jan 18, 2022

Legally child support can be modified until the child turns 18. However, you should receive a credit for the exact dollar figure of your share of any proceeds that went to your ex. Speak to a local family law attorney for more specific advice.

2 Answers | Asked in Divorce for Florida on
Q: Can I ask the court to amend the divorce decree to show her having responsibility of paying for the mortgage?

There was no prior stipulation stating who was responsible. She pays the mortgage and she lives there with my minor son. I’m trying to purchase another home for myself, but cannot because the lenders think I’m paying the mortgage

Rand Scott Lieber
Rand Scott Lieber answered on Jan 18, 2022

You can return to court asking for clarification if nothing in the final judgment says who pays the mortgage. You can use as evidence her history of paying the mortgage. You do not mention if she also kept the house as her asset. Speak to a local family lawyer for more specific advice.

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1 Answer | Asked in Family Law for Florida on
Q: when we got divorced we were ordered to sell the house. he house was a marital residence. Deed was in both of our names,

The agreement was to stay there for 3 years and then sell. After three years, she told me that she would love to keep the house, and told me she was going to pay monthly for my half. I agreed and changed the deed to her name. The only condition I put was for her to pass the mortgage under her name.... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 17, 2022

If you have not already, you need to return to court with a Motion for Enforcement on the original court order/ agreement to sell the house. Consult with a local family law attorney for more specific advice based on what has happened since your final judgment was entered.

2 Answers | Asked in Bankruptcy for Florida on
Q: If my ex files bankruptcy and we co own a home in Florida that I live in with my children, will my home be foreclosed on

We were never married. I went through a modification but have since completed and returned to making regular payments

Rand Scott Lieber
Rand Scott Lieber answered on Jan 14, 2022

You do not mention if your ex's name is on the mortgage. If the mortgage is in your name and you are making regular payments then the bankruptcy may not affect you. A foreclosure only happens when the mortgage is not being paid. You should speak with a local family law or bankruptcy attorney... Read more »

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1 Answer | Asked in Divorce for Florida on
Q: Married and the house we live in was n his name then changed it to his trust . In the divorce do I get any of the sale

He is planning to sell and leave me without nothing, can he do this since it’s in the trust name after the marriage?

Rand Scott Lieber
Rand Scott Lieber answered on Jan 10, 2022

Generally speaking you accrue a marital interest in the home during the intact marriage. He may be entitled to a non-marital portion depending on the specific facts, like whether he owned the house before you married. You would also need to carefully review the trust documents which you say were... Read more »

1 Answer | Asked in Family Law for Florida on
Q: How do I get access to my minor children's medical records?

I'm not the current guardian, but I am the biological mother and I still have my parental rights.

The guardian took me off of all of any and all contact lists for my children's doctors. Due to me not being listed the doctors won't release any information to me. The... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 7, 2022

If the guardian is not cooperating then you need to return to the court that appointed the guardian to seek relief.

2 Answers | Asked in Family Law for Florida on
Q: I owned my primary home in Pinellas County, Fl. when I married my current husband. Things are not working out.

He is not on the deed and I have the opportunity to sell my home with a profit. I have homestead exemption. Is he still entitled to 50/50 even though he is not on the deed.

Rand Scott Lieber
Rand Scott Lieber answered on Dec 27, 2021

He is entitled to half of the appreciation during the marriage. You can subtract off the value on the date of marriage. Speak to a local family lawyer for a more specific calculation as there may be other factors that you can use to reduce his interest.

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1 Answer | Asked in Family Law for Florida on
Q: We are now two hours apart. I used to have the boys every week. Will the judge make me have only summers now.

I filed a petition the day I thought she moving and turns out she actually did relocate the kids about two hours from Me. I don’t want to see them only summers. I moved here to be close to them, to be in their lives. Now I’m stuck in a year lease. And she is two hours away. The gas to get her... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 24, 2021

You do not mention what your current legal situation is. I am assuming that you are asking about a paternity case. Under the proper legal circumstances you could ask the court to order the mother to return to where she was living. Look for a local family lawyer for a consultation where you can get... Read more »

2 Answers | Asked in Divorce and Child Custody for Florida on
Q: If you get a paternity test done for someone in a different state, does it go by your state laws or theirs?

The father of my daughter lives in a different state (South Carolina) while I live in Florida. If I need to prove paternity, will the case be by Flordia Law or South Carolina Law?

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

If you and the child live in Florida then your paternity case will follow Florida law. However, the DNA test can be done anywhere and as long as it meets the scientific standards you should be able to use it in Florida.

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1 Answer | Asked in Divorce for Florida on
Q: I asked my husband for a divorce a few months ago, the house is a living hell for everyone.

Since asking for a divorce I have refinanced the house under only me, my soon to be ex will not leave until he gets money from my refinancing. He says he needs to stay here until he can get approved for a house loan, he refuses to go to relatives house, or rent. He is an alcoholic and verbally... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 10, 2021

You need to file for divorce in order to receive the protection/ enforcement power of the court. In the filing you can ask for exclusive use of the house while the divorce is pending. Assuming that the house was marital then he will be entitled to half of the equity as a starting point. Look for a... Read more »

2 Answers | Asked in Divorce for Florida on
Q: My fiance is incarcerated ,she needs to file for divorce.if she gives me full power of attorney can

Can I file forms for her at clerks office

Rand Scott Lieber
Rand Scott Lieber answered on Dec 9, 2021

She can complete the forms herself while incarcerated and send them to you for filing. You should not be signing anything on her behalf but you can help her in other ways. Look for a free consultation with a local family lawyer who can give you more specific advice. I have helped clients get... Read more »

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: What’s the better to be on a title or not if we might will divorce?

My husband and I live in Florida. He has a house in Michigan and it is going to be on his name in a couple weeks. Is this better if my name is on the title or better to be off. We have a daughter. What would be the best if we maybe in the future will divorce

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

Your question is more complex than you think. Your husband (or the two of you) should discuss what you want to happen with the house in the future. It sounds like you are describing an inheritance. At this point in time (before it is in his name) it sounds like a non-marital asset, meaning that... Read more »

1 Answer | Asked in Divorce for Florida on
Q: I was awarded my Honda in divorce but the ex has it
Rand Scott Lieber
Rand Scott Lieber answered on Dec 3, 2021

If a court order (Final judgment of divorce) has granted you property then you can return to court on a Motion to Enforce the court order.

1 Answer | Asked in Child Custody for Florida on
Q: I am trying to get visitation time with my son, his mother will not allow me. What county do I file in, hers or mine?

My sons mother will not allow me to see my son, I live in St Lucie and she is in Pinellas. What county do I need to file in with the court?

Rand Scott Lieber
Rand Scott Lieber answered on Dec 2, 2021

Question number one is have you been to court before? If the answer is yes then file where you were in court before. If you have never been to court then you can file where either parent lives; however, it is probably better to file where the child lives since the court will have more control,... Read more »

2 Answers | Asked in Family Law and Adoption for Florida on
Q: Can my boyfriend of 8 years adopt my daughter who is 9, if we're not married and her biological father consents?

I have a 9 year old daughter that my boyfriend has been helping me raise since she was almost 2 years old. Her biological father hasn't really been present in her life for the past 4 years. He isn't on child support, he doesn't help provide for her, and rarely contacts her. Without... Read more »

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

The biological father would need to cooperate and terminate his parental rights. You should consult with a local adoption attorney as this is possible but can be a complicated process.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I want to relocate out of state. I’m in FL with no legal custody agreement in place but he is involved voluntarily.

I am in a non ideal living situation due to the cost of living in the area. I cannot afford housing that would be suitable for myself and my two children. Moving would grant them and myself a better home setup (my job would follow). We have no legal custody agreement in place but he gets regular... Read more »

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

If you have never been to court for paternity, including child support, then you have full control over relocation. However, since the children have been continuous residents of Florida for the past six months, if you move and the the father immediately goes to court, he could attempt to force you... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My children's Pediatrician recommended the kids get the COVID vaccine. Their mother refuses to consent. Is that legal?
Rand Scott Lieber
Rand Scott Lieber answered on Nov 11, 2021

Assuming that you have shared parental responsibility, you are obligated to try and agree with mom first. If that does not work your remedy is to go to court to resolve the dispute.

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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