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Questions Answered by Rand Scott Lieber
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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1 Answer | Asked in Divorce for Florida on
Q: my wife left the marital home I continued to pay the mortgage is she entitled to the equity gain. she filed for divorce

a month after she left been gone for 19 months the house has increased in value she has not paid any bills or maintained

what are my rights also has not contributed to any bills or debt payments am I entitled to receive compensation for that?

Rand Scott Lieber
Rand Scott Lieber answered on Jun 29, 2021

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.

2 Answers | Asked in Child Support for Florida on
Q: I moved to to Florida and pay support in PR my rights were taken from child do I still pay support?

My rights were taken by judge but I have a zero balance and I continue to pay support but haven’t seen child in 15 years.

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

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.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Hello, if a domestic partner put in money to purchase a property together without any payback agreement

Their name is not on the deed bcs we are not married are they entitled to 1/2 the property?

And or payback?

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

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.

1 Answer | Asked in Child Support for Florida on
Q: How long will I be paying child support arrears if child is over the age of 18?

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.

Rand Scott Lieber
Rand Scott Lieber answered on Jun 18, 2021

I can only share that in Florida you pay until the balance is paid off.

1 Answer | Asked in Child Support for Florida on
Q: How can I find out if I owe child support from my divorce in 2006 in Hawaii have a case number
Rand Scott Lieber
Rand Scott Lieber answered on Jun 11, 2021

You should be able to access the court website in the jurisdiction where the child support order was entered.

2 Answers | Asked in Divorce for Florida on
Q: Can my wife move in new lover without filing divorce
Rand Scott Lieber
Rand Scott Lieber answered on Jun 11, 2021

Yes.

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1 Answer | Asked in Family Law for Florida on
Q: For a simplified dissolution of marriage do you still need to serve the respondent via process server or sheriff?

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?

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

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.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: When someone dies do blood relatives have any rights to visitation with the deceaseds children
Rand Scott Lieber
Rand Scott Lieber answered on Jun 8, 2021

Timesharing (visitation) is controlled by the mother and father. Extended family, blood or not, has no direct legal right to timesharing without going through the parent.

2 Answers | Asked in Child Custody for Florida on
Q: Can I take my child and move out if the grandma had concurent custody
Rand Scott Lieber
Rand Scott Lieber answered on Jun 3, 2021

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.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What is the best way to terminate parental rights?

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 »

Rand Scott Lieber
Rand Scott Lieber answered on Jun 3, 2021

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.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Child custody agreement was written up in Volusia County Florida we then got married in Texas. We are getting divorced

Wondering if a new custody agreement needs to be reached?

2017 we got a custody agreement written up in Florida

2018 we got married in Texas

We were separated after a month of marriage and are just now getting divorced in Florida

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

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 »

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can a full custody parent travel outside the country and leave the children with their current spouse?

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?

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

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.

1 Answer | Asked in Divorce for Florida on
Q: Can I marry a women in another country with a pending divorce in Florida without any problems as I plan to bring her

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 »

Rand Scott Lieber
Rand Scott Lieber answered on Jun 1, 2021

NO

1 Answer | Asked in Family Law for Florida on
Q: In a time sharing plan. Does a Summer schedule take priority over the other schedule in place when school is out for su

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 »

Rand Scott Lieber
Rand Scott Lieber answered on Jun 1, 2021

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 »

2 Answers | Asked in Child Custody for Florida on
Q: How do I deal with school disagreements with shared custody?

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 »

Rand Scott Lieber
Rand Scott Lieber answered on May 18, 2021

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.

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2 Answers | Asked in Family Law for Florida on
Q: I have a custody/time sharing agreement with my daughters Father that changes for summer. I need it to be clarified.

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 »

Rand Scott Lieber
Rand Scott Lieber answered on May 18, 2021

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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1 Answer | Asked in Child Support for Florida on
Q: My ex husband job always sends the payments late, can he change it to where he makes the payments himself?
Rand Scott Lieber
Rand Scott Lieber answered on May 17, 2021

The two of you would have to return to court together to modify or terminate the income withholding order and change it to direct payments.

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