Take my son with me.
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.
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!
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.
Can she come after for support now that she has decrease her income?
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.
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
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.
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 »
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.
We were never married. I went through a modification but have since completed and returned to making regular payments
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 »
He is planning to sell and leave me without nothing, can he do this since it’s in the trust name after the marriage?
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 »
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 »
If the guardian is not cooperating then you need to return to the court that appointed the guardian to seek relief.
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.
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.
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 »
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 »
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?
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.
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 »
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 »
Can I file forms for her at clerks office
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 »
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
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 »
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.
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?
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 »
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 »
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.
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 »
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 »
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.
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
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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