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 »
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 »
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.
The equity in the marital home is a marital asset subject to division in the divorce. You can use the factors that you describe to argue that you should receive more than half (the starting point for division is 50/50) based on your contributions.
You need to review the child support order and return to the court that issued the order to confirm that nothing further is owed. You can then ask for termination of the child support order, if necessary.
If there is no written agreement and no legal marriage then you are in a difficult position. You may have an "equitable" remedy but it could be hard to prove. You should speak to a local real estate attorney who handles litigation to get more specific advice.
I have 2 children to two women. I am currently just paying arrears in child support because the children are over the age of 18. Does the payments stop over a certain amount of time or will I be paying them until they are fully paid off? This is for the state of West Virginia. I live in Florida.
Both parties already signed and filed the same petition so via regarding court procedure does the petitioner still need to serve the respondent the simplified dissolution of marriage form via sheriff or process server?
If it is truly "simplified" and both of you signed the same Petition then you do not need to serve each other. If there are two Petitions, one by each of you, then the other can file an Answer and Waiver. Still no process server necessary.
Presumably you have some sort of legal document that defines your rights and grandma's rights. You do not mention if grandma objects to the move. Look for a local family law attorney to give you more specific advice.
My 11 month old son's father has been in and out of the picture since he was born. We are now broken up and I'm dating someone who is interested in adopting my son. As of right now we have not established paternity, but the bio father is on birth certificate. I just received a text from... Read more »
To make it legal you will need to go through dependency court. Even with the father's cooperation a termination of parental rights can be difficult. Look for a local family law attorney who handles dependency cases.
In what state are you getting divorced/ living in now? If you both signed the original agreement then it is a contract between the two of you. Unless you want to change it, you may be able to file it where you are getting divorced and ask the court to adopt the agreement. If you want changes it...Read more »
Full custody parent traveled outside the country and didn't inform the other parent. There are concerns of possible child abuse by step parent left in charge of child. Can non custodian parent do something?
You need to carefully read the parenting plan regarding travel and right of first refusal. If the custodial parent has all of the timesharing rights then it is possible for them to travel and use their chosen caretaker. If there is a restriction it will be written in the parenting plan.
My divorce has been pending for 5 months and it’s taking so long. In the other hand I found a bride internationally and want to start a new beginning. Can I marry her internationally and once divorce is finalized in Florida, will I be able to register my new bride if Florida without any trouble... Read more »
School is out this Friday, June 4th 2021. Our regular time sharing plan alternates weekends. However, the summer schedule states that my husband and I get the first week of summer and we alternate weekends the rest of summer. This weekend would be the other parent's weekend. Does that stay in... Read more »
If you alternate weekends during school and during the summer then the common sense answer is that your first summer week would begin on Monday. Step one would be to read the parenting plan carefully. While holiday timesharing takes precedence, you probably do not want to alter the year long...Read more »
My ex and I share custody of our 13 year old daughter. In the parenting plan it states that my address is the designation for school and I just moved out of the school district my daughter goes to meaning she now needs to move schools (from Lee County to Charlotte County.) Her father is upset that... Read more »
Changing schools is governed by shared parental responsibility. So yes, you have violated that and he can take you to court. Changing schools is different than relocating within the 50 mile radius. If you cannot reach an agreement then you will need to go to court on this issue.
During the school year, our agreement is 9 days at home, 5 days away. He picks her up Thursday, she comes home Tuesday, then she is home the next 9 days til Thurs. Then in summer, the schedule changes to Sunday to Sunday, back and forth with each parent 1 week. So for June 2021. Her Dad has her... Read more »
Unfortunately if the two of you can not agree on the interpretation of the agreement then the only remedy is to seek court intervention. My recommendation is that the two of you try to reach a compromise.
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