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Florida Family Law Questions & Answers
2 Answers | Asked in Family Law and Civil Litigation for Florida on
Q: My aunt willed me a car. Shes 99. Lawyers gave me the car. She can't drive. Now she is freaking out. Wants it back
Rand Scott Lieber
Rand Scott Lieber
answered on May 28, 2023

Saying she "willed" you the car implies that she passed away. If she is alive and the car is in her name then the legal way to transfer it is for her to sign the title over to you. If she has not done that then she still owns the car. Speak with a local lawyer for more specific advice.

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1 Answer | Asked in Divorce, Estate Planning and Family Law for Florida on
Q: If we bought a house during our marriage and got divorced and remarry each other and one of us dies, who gets the house?

When we bought the house it was tenants in common with right of survivorship after we divorced it automatically converted to tenants in common with 50/50 ownership. Now that we remarried each other will it reconvert to tenants in common with right of survivorship!

Paul Michael McDermott
Paul Michael McDermott
answered on May 27, 2023

Interesting question. In my opinion as a family law attorney, remarriage does not automatically "reconvert" the property title. You might consider executing a Quitclaim Deed - both as grantors and both as grantees to give you both equal rights as "Tenants by the Entireties,"... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Going through a divorce. Can we rehome pets before divorce is finalized?
Rand Scott Lieber
Rand Scott Lieber
answered on May 28, 2023

Pets are considered property in a divorce. Whatever you do, my advice is to inform the other party of your actions. If the two of you agree you can do whatever you like. If the two of you do not agree you could get in trouble with the court for taking unilateral action. Speak with a local family... Read more »

1 Answer | Asked in Family Law for Florida on
Q: If my partner and I purchase a marriage license and have it notarized but never file it can we file it in the future?

I understand you have 60 days to get married, does that mean after 60 days if it’s not filed it would be void? Even if it was officiated? According to clerk of the court it is supposed to filed within 10 days. In other words if it was misplaced but found a year or so later would it be valid and... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on May 23, 2023

In Florida the marriage license must be filed within sixty days of issuance.

1 Answer | Asked in Divorce, Foreclosure and Family Law for Florida on
Q: Can a Judge put a stay on a foreclosure of your homestead property while going through Divorce?

Husband filed a DV Injunction and a Judge gave him temporary possession of the home and put me on the streets and wasn't making payments on the house or the home equity line of credit. I dont know what he told the post office but they returned my mail and anything with both names on it, they... Read more »

James Clifton
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James Clifton
answered on May 22, 2023

The judge in the divorce case cannot put a stay on the foreclosure, generally. However, the judge can order one or both spouses to make payments. If either spouse fails to make payment, the judge can hold that party in contemp of court.

To stop the foreclosure, you need an attorney to...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: What happens if the respondent changes a marital settlement agreement in Florida without filing a counter petition?

Also what happens if the notary did not check either "personally know to me" or "produced identification" and neglected to mark the type of identification on the edited document?

Rand Scott Lieber
Rand Scott Lieber
answered on May 22, 2023

A marital settlement agreement is a contract between the parties. It cannot be changed unless both parties sign off on the change. Amendments to a marital settlement agreement are not directly related to whether there is a counter petition or not. The missing notary check mark is probably not... Read more »

1 Answer | Asked in Family Law, Child Support and Child Custody for Florida on
Q: My 13 year old daughter says she wants to go live with her dad.

We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?

Rand Scott Lieber
Rand Scott Lieber
answered on May 22, 2023

If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I have 4 children the father was only required to pay $55 a week. Why is that.

The court also ordered that the support be directly taken from his pay at least 8yrs ago but he still pay what he wants to pay. U really need help. With the price of living has a increasing raise.

Rand Scott Lieber
Rand Scott Lieber
answered on May 19, 2023

In Florida child support is calculated pursuant to a mathematical formula in the law. It is based on the net incomes of each parent and the number of overnights with each parent. Child support is always modifiable until the children turn eighteen. Perhaps you can return to court for a modification?... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can my ex present medical records in a family court hearing without the doctor who wrote them to authentic them?

I'm representing myself. He has a high priced lawyer. He is in contempt for violating a court order which says that he has to cooperate in exams etc., to get life insurance written on his life. He claims a medical reason for not cooperating. He hasn't seen a doctor since 2021 for this... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on May 17, 2023

This can be a complicated evidentiary issue. He can testify about anything that he has personal knowledge of. As far as the actual paper records go he would need a records custodian and he would need to establish that they are business records. Medical records frequently contain hearsay, another... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My Fiance and I have been together for 17 years (2006). Does Fl recognize after 7 years we are common law?
Rand Scott Lieber
Rand Scott Lieber
answered on May 17, 2023

No, Florida does not recognize common law marriage at any time (nor do most states).

1 Answer | Asked in Family Law for Florida on
Q: i am required to formally notify the clerk of continuing and representing myself. Do I need to file a motion?

I was given 20 days to formally notify the court if I will be continuing pre se after my lawyer withdrew.

Rand Scott Lieber
Rand Scott Lieber
answered on May 15, 2023

Read the order of withdrawal carefully. The default may be that you represent yourself after 20 days OR you need to file something. If necessary, you file a Notice (not a motion) with your contact information for the court with the clerk. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: If I let my children visit their mother out of state for a month, is she untitled to give them back?

My 3 children & I live in Florida for last 9 years while their mother has lived in Michigan. We have never been though court system. If I let the kids visit for a month this summer does she have to give them back ? Would a notary or a note for the mother be evidence of her promising to bring... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on May 15, 2023

If you let them leave without a written agreement or something filed with the court you are stuck with the "honor system." If, in fact, she refuses to return the children, you would be forced to go to court here in Florida and fight for their return. You would have a strong case based on... Read more »

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Divorce and Family Law for Florida on
Q: Can my husband evict me or sell the house without telling me, causing me and the children to have to move unexpectedly?

The house is in his name only but I am a successor in interest, he bought it when we were together but not yet married, I have been paying the mortgage by myself for over a year. What can I do to protect myself and kids from becoming homeless unexpectedly?

Rand Scott Lieber
Rand Scott Lieber
answered on May 13, 2023

If you are married and living in the house then you have a marital interest in the house and cannot be evicted. Your remedy (protection) would be to file a divorce action in family court. This will help you enforce the legal rights of you and your children. Speak with a local family attorney for... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My grandma passed away without a will and my uncle is the beneficiary. What can I do?

Before she died she wrote and signed a letter stating she's giving her vehicle to me. She also went ahead and signed the title before she died. My uncle was driving the vehicle around and I wanted to come get it. Well he said it had to be in my name, so I went and got the title put in my name.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 12, 2023

If she signed the title over to you before she died, the vehicle is yours; it doesn't belong to her estate. But you would be foolish to drive the vehicle at all without insurance.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: My ex wife want to hire a Nanny because she want to work only on weekends,while my daughter goes to day care on weekdays

I refused to pay the Nanny with my ex wife because she just home Monday to Friday while my daughter she's at day care 7 AM to 6Pm and she just want to work weekends , i find that's not faire , what does the law say about that ? Can I take her to court for this ?

Rand Scott Lieber
Rand Scott Lieber
answered on May 11, 2023

You need to review the parenting plan that was entered in your divorce. You do not mention how old the child is or what your timesharing arrangement is. For younger children daycare costs are normally a part of the child support calculation. If you do not currently have a daycare obligation then... Read more »

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: I have a 20 year old divorce decree that states i will be responsible for 1/2 payment of my childrens' student loans.

Loans are all in exwife name and over the years have been paid off and on- going into deferrment a few times.i have remarried and moved to Florida and am 73 years old. The original loans were for $53000 and now with interest is way over $150000.My ex has now sued me in a Pennsylvania court for 1/2... Read more »

Michael Ferrin
Michael Ferrin
answered on May 11, 2023

Being your case is from Pennsylvania and there was recent litigation that took place there, you would need to contact an attorney in Pennsylvania to address those issues. As for the order being enforceable in Florida, the opposing party would need to domesticate the order in Florida for it to be... Read more »

0 Answers | Asked in Family Law for Florida on
Q: We were approached by a young woman with the offer of us to adopt her child,she doesn’t know who the biological father i

Is but she doesn’t want the baby. She lives in Kentucky and we live in Florida. What should we do first?

0 Answers | Asked in Family Law and Child Custody for Florida on
Q: Me and my husband were approached by a young woman with the offer for us to adopt her baby,what should we do first

We lost our 25 year old daughter almost two years ago. She was pointed to us by our niece. We live in Florida and she lives in Kentucky. She doesn’t know who the biological father is and she doesn’t want the baby at all

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Me and my husband were approached by a young woman with the offer for us to adopt her baby. What should we do first?

She doesn’t know who the biological father is,but she does not want the baby

Rand Scott Lieber
Rand Scott Lieber
answered on May 9, 2023

Whatever you do you need to involve an attorney that specializes in adoption. This is not a do it yourself matter. Speak with an adoption attorney as soon as possible if you want to pursue this.

1 Answer | Asked in Family Law for Florida on
Q: Do you have to respond to a motion to strike in Florida family law case
Rand Scott Lieber
Rand Scott Lieber
answered on May 9, 2023

You are not required to respond but one party or the other will need to schedule it for a hearing with the judge. Speak with a local family lawyer for more specific advice.

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