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Florida Family Law Questions & Answers
0 Answers | Asked in Family Law and Domestic Violence for Florida on
Q: Is it unethical for an attorney for the def. on an Injunction case to threat to sue and demand $ and drop the case?

Atty for the defendant demands $50k as well as dropping an injunction or they will sue for an undisclosed amount

1 Answer | Asked in Family Law for Florida on
Q: I got married after a divorce and my last name was Stewart but divorce changed to Evans and I put Stewart instead that 1

is my marriage legal even though I put Stewart instead of Evans because my name was going to be Evans anyway they had me put the former last name

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 4, 2024

If your marriage license was executed by a proper officiant and filed with the clerk then you are legally married. Think about it like a typo. I am assuming that the remainder of the identifying information is correct. Moving forward you always have the option of going to court for a legal name... View More

1 Answer | Asked in Family Law for Florida on
Q: my wife entered her former married name instead of her maiden name on our marriage license is our marriage invalid.

We are married in the state of Florida.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 4, 2024

As long as your marriage license was executed by an appropriate official you are legally married. Speak with a local family lawyer for more specific advice.

0 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Florida on
Q: do I have to schedule a hearing after I file a motion to show that the state attorney took longer then what the judge ga

longer then what the judge gave them to proceed forthwith with criminal charges on violations of a domestic violence injunction case ?

and do I have to notify the other party in the injunction case of the hearing even if the violations are filed separately in another case. by themselves

0 Answers | Asked in Family Law for Florida on
Q: My child is failing school. He doesn't want to come home and doesn't want to listen. He is 16 years old. I need help

I don't want to be legally responsible for a child that doesn't want to listen and wants to do whatever he wants to do. I don't want to get in trouble for negative actions he is taking with school or anything else.

2 Answers | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: Can I be charged with a crime I didn't commit based on hearsay?

I currently live in Hillsborough county Florida and my soon to be ex-husband and his Friend accuse me of having a weapon (knife) . I haven't been officially charged assault w/ deadly weapon. But the only thing is my husband (person that said I committed the crime) a couple of months ago went... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2024

Hearsay is a statement made about what someone said to a testifying witness. If your husband were to tell the court that although he was blind, you told him you had a knife and that you were going to attack him with it, there is an exception to the hearsay rule because it would be something you... View More

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0 Answers | Asked in Family Law for Florida on
Q: how can a person file for a delayed birth certificate if they lack identifying records and both parents are deceased?

the person is over 21 and the siblings of their parents are alive. They do not have sufficient evidence to successfully request a records search as their last attempt was sent back with a list of acceptable documents that they can not acquire.

3 Answers | Asked in Bankruptcy, Family Law and Child Support for Florida on
Q: Filing for bankruptcy. Does it matter if you do that before or after child support is in place?
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024

Probably not but check with your family law lawyer and a local bankruptcy attorney. Most offer free consultations.

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0 Answers | Asked in Family Law, Adoption and Juvenile Law for Florida on
Q: Ad notes section DP case, great aunt to be provided home study with adoption plan by case management within 10 days?

Was written in on judicial review in dependency case, does that mean, case management was to provide caregiver with a home study to prevent permanent removal of child. It also states adoption case plan to be provided by case management as well. If yes that's what it means, what happens when... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What do you do when an absent parent, who has been absent the childs whole life starts calling & requesting a call back?

Child is 9. Father lives out of state & has not been involved since birth. He is on birth certificate & is court ordered to pay child support from other state. He was told that anything to do with custody or visitation would be FL courts. He never filed for anything. He's accused me of... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2024

It sounds legally like you are in control. Offer him the terms that you want and if he does not like it then he can go to court. Speak with a local family lawyer for more specific advice.

0 Answers | Asked in Family Law and Child Custody for Florida on
Q: My children's 2nd cousin wants me to sign over temporary custody of my 14 and 17 yr old.

There has been a few domestic incidences with my boyfriend and myself period cops have been to the house multiple times d c f has been involved. D c f was just recently called by the your second cousin saying that my boyfriend hit me which he did not. She wants to.

Leave the temporary... View More

0 Answers | Asked in Child Custody and Family Law for Florida on
Q: If the father signs the child up for school and the mother keeps the child away

The mother came up with a story of one of fathers step sons was touching her daughter and that she was bleeding a week later after having her in her care saying she found blood in her underwear a week ago and just bringing to our knowledge so moving forward she then Asked her daughter did anybody... View More

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: How can I protect myself if my opposing party IS city hall?…and friends…?…and family members…?

myself and safely get my children returned to my custody after 3 years of a battle against the court employees and authorities, who ARE running this town, my childrens cases, no due process exists and judges simply don't respond to emergencies modification custody? Not even a personal letter... View More

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

Based on the allegations, it would be in the best interest of the child(ren) that you request the Court to appoint a Guardians ad Litem (GAL) to advocate for the minor child(ren). The Guardians ad Litem will have the ability to review all the evidence and prepare a report and send to the Judge... View More

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1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Florida on
Q: Please I need to legal advise for my family.

I live in Florida, I have a family consist of 6 members my wife and I with daughters 19 y and 14y and sons 18 year 16y, I would like to sell my home and move outside the country for one year because I have work in my an original country .

my wife and son want not to move with me and I can... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

Hello Fathi,

I'm sorry to hear about the challenges you're facing with your family situation. Moving abroad while ensuring your family's well-being is a significant decision that requires careful consideration. It's important to have open and honest conversations with...
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0 Answers | Asked in Family Law for Florida on
Q: Y is a separate acknowledgment of paternity beside what was filed along with the birth certificate on DOB of kids needed

FL resident. Lawyer says I need an AOP for my rights as a dad. However an AOP is already on file with their birth certificates or I would not be on as an unwed father. This makes all the difference because, if have these rights at the moment, they’re being infringed on. The AOP attached with BC... View More

0 Answers | Asked in Family Law and Child Custody for Florida on
Q: A GAL in your case and one of the attorneys are a part of the same collaboration group, is that a conflict of interest?

The GAL is the owner and chair person for this group. She is the person who approves the people who can be member of this group. The GAL also has a history of always siding and writing reports in favor of the attorney's client. Just curious if its ethical for 2 members of the same firm/group... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Divorce q - Are all investments owned prior to marriage but since sold then re-invested considered marital assets?

I have been married for 7 years and likely filing for divorce. We have a 3 year old. My wife has not worked during this entire time. I handle all finances, though we keep separate accounts. I owned significant financial assets prior to the marriage (retired shortly prior) and have since actively... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 9, 2024

The starting point for equitable distribution is 50/50. However, if you are able to establish the value of the assets on the date of marriage then you can argue that the premarital value should be subtracted off and that only the increase from the date of marriage forward should be divided 50/50.... View More

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0 Answers | Asked in Consumer Law, Criminal Law, Family Law and Animal / Dog Law for Florida on
Q: I am wondering what the best route would be to handle a veterinary malpractice issue concerning my dog.

My dog, Conor, was rushed to the emergency veterinary office on September 26th, where X-rays revealed that something was in his abdomen but they were not able to identify what it was. They recommended exploratory abdominal surgery, which we agreed to and Conor had surgery the next day. The... View More

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