I live in Texas and my daughter lives in Florida. Long story short, before moving to TX I did not see my daughter for 8 months because the mother decided she wanted to stop coming to court ordered custody exchanges. The judge did not take that lightly and she was found in contempt and the judge... View More 
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answered on Aug 30, 2023
You do not mention if you have ever been to court regarding the child. If there is an existing court case in Florida then you can file a motion for electronic communication with the child. If there is no court case then you must file a petition for paternity (assuming that you are not married).... View More
Do we get 50/50 or how does it work
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answered on Aug 25, 2023
The court will order timesharing that is in the best interests of the child. If you are both capable parents and are able to care for the child then you can pursue 50/50. It may be a little different with an infant because frequency of contact is more important than length of time. Speak with a... View More
Child asked to go to a sleepover birthday party during father timesharing weekend. Father does not wish to travel to take child. Father states that mother should make arrangements with his mother for the entirety of his timesharing weekend. He would not be with child, however seeking to pawn off... View More
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answered on Aug 24, 2023
The father is responsible for his timesharing. You do not need to make arrangements with his mother. You do not mention how the exchange is handled or how old the child is. Normally a parenting plan says that if a parent does not show up to exercise timesharing after a certain period of time the... View More
I'm disabled and the ex-wife was ordered to divide the pension 50/50. She knows I need to retain an attorney in another matter and is deliberately delaying releasing the money until I lose my case.
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answered on Aug 24, 2023
A well drafted agreement or order should have a deadline for payment. A delayed payment is not 'Illegal" but depending on when it was due, you can file a motion for enforcement and contempt. Speak with a local family lawyer for more specific advice.
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answered on Aug 23, 2023
You do not say why it was moved. Presumably the other party lives in Georgia now. If you want to pursue further legal action on that case it will be in Georgia unless you have a legal reason to move it elsewhere. Speak with a local family lawyer for more specific advice.
My friend inherited property in the will she was listed as lifetime beneficiary and that if she moves voluntarily or dies the property is then passed down to her brother. My friend has major health issues and needs to live in an assisted home. The brother destroyed 2 houses on the property that he... View More
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answered on Aug 21, 2023
It sounds like your friend needs to review the deed to the property. If the deed was prepared properly when the mother passed away then it cannot be changed, absent the agreement of both parties. Speak with a local real estate lawyer for more specific advice.
My son's girlfriend took their three-year-old to New Jersey for 2 years against my son's wishes. She would not send pictures or facetime. My son did not have the money to fight it in court. She put him in an abusive home and called my son to come get him because she could not take care... View More
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answered on Aug 18, 2023
Legally, until your son goes to court the mother has all of the legal rights regarding the child. He can file a paternity case in Florida, however the court may not rule on custody until the child has lived here for six months. Multi-state family cases can be complex so speak with a local family... View More
I am a full time single mom and the dad doesn’t help do anything but “FaceTimes”, we are married and I am looking to move to increase income. There’s no custody order or anything regarding the court. I’m not ready for a divorce until I’m financially set. Can I move out of Florida though... View More
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answered on Aug 17, 2023
Yes you can move; however, if your husband files for divorce here it is possible that you would be ordered to return. The better course is to tell him what you are doing and why. Regarding filing elsewhere, most states require that you live there six months before you can file for divorce. Speak... View More
The principal?
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answered on Aug 17, 2023
For equitable distribution, you would subtract the outstanding mortgage balance (the payoff amount) from the fair market value (or selling price) of the house to calculate the equity. The starting point then is to divide that number in half. Speak with a local family lawyer for more specific advice.
I need to establish paternity with the other man and seek child support because my husband was automatically put on her birth certificate
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answered on Aug 14, 2023
Your husband is the "legal" father and is responsible for child support unless the other father comes forward voluntarily. At that point you cold file a petition to disestablish paternity and switch the responsibility from your husband, the "legal" father, to the biological... View More
My wife and I agreed to a "short version" marriage settlement agreement back in Dec. 2022. I get 5 days/week timesharing with our son, she gets 2. The child support was based on this timesharing plan.
Since Dec. 2022, she has not seen our son once and the divorce is not final.... View More
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answered on Aug 8, 2023
Child support and timesharing are always modifiable until the children emancipate. You should keep a calendar and record every overnight that mom misses. You can use that as evidence when you seek to modify. You could also file the modification now. Your case is open, the agreement is binding, and... View More
My sons stays with me (his mother) I took him to stay with his dad for 2 weeks he was supposed to come back but it has been a month and his father will not send him back to me because I won’t let him get food stamps for my child because he stays with me
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answered on Aug 8, 2023
If you have a court document that says the time is yours then go get the child. If the father refuses you can return to court to enforce the agreement. Although it is a last resort, you can also try to get the police involved. Speak with a local family lawyer for more specific advice.
My child was born in Colorado, but my primary residence is Florida where the child and I live. Does the resident state laws apply or does the birth state laws apply to custody?
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answered on Aug 8, 2023
In Florida, the mother is in control until the father goes to court. You do not mention how long you have lived in Florida or how old the child is. If you and the child have been living in Florida for more than six months then any legal action (like a paternity suit) would have to be in Florida.... View More
Home in his name only. Do not trust him!
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answered on Aug 7, 2023
As long as the house is a marital asset, which it sounds like it is, the court will order the equity to be divided as part of equitable distribution. You will each have the opportunity to buy the other out or else the property will be sold. Speak with a local family lawyer for more specific advice.
We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we... View More
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answered on Aug 7, 2023
If your final judgment says that alimony was waived then that cannot be undone. Child support, on the other hand, is modifiable until the children emancipate. She could return to court to recalculate child support based on your new income. Speak with a local family lawyer for more specific advice.
I’m in the process of getting divorce and we have come to agreement to split child’s expense. He insisted on 50/50 physical and legal custody. I’m currently working and he hasn’t employed for over a year. If I agreed with 50/50 custody and put into parenting plan, would judge honor it or... View More
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answered on Jul 17, 2023
Child support is calculated pursuant to the formula in the statute (law). The judge can only waive the exchange of child support if the amount is de minimus (very low). It may be possible (outside of court) for you and the other parent to agree to something different but that can create other... View More
We have agreed to use post office which is between both of our homes. We cannot do parent and he harasses me daily. Now he wants to show up at my house.
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answered on Jul 17, 2023
Step one is to read your court order (parenting plan). That is what governs your case if it says something different. Otherwise you would need to return to court to modify the exchange location. The fact that you have been using the same location for the past two years should work in your favor.... View More
I am the petitioner and I have petitioned the court to establish paternity and other related relief, however, the father has hired an attorney (I am pro se) and the father wants time-sharing and has declared to be the Father but I want a paternity first. I don't know what form to file to... View More
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answered on Jul 15, 2023
If it was not in your initial pleading, file a motion for DNA testing. If you filed saying that he is the father and his answer admits that he is the father then paternity is established. You can ask the court for a partial final judgment of paternity. Speak with a local family attorney for more... View More
Childs father may have been deported back to Haiti from florida
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answered on Jul 14, 2023
A Florida child support order is enforceable on the father wherever he is. However, you would need to engage a lawyer in Haiti to pursue the father and answer the legal issue of whether it can be legally enforced in Haiti. In Florida, the child support owed would accrue like any other debt. The... View More
Which forms i need to do it? i was checking prices from a lawyer and they charge me more than 5000, i don't have that money. my ex give me the full custody but i need domesticate in florida, so i can have here too.
thank you
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answered on Jul 14, 2023
Yes, you can do it yourself. The first step is to get the Brazilian equivalent of a certified copy of the court order. You would also need to have it translated. Once you have the translated certified copy you can file it with your local court. Speak with a local family lawyer for more specific... View More
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