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Florida Family Law Questions & Answers
0 Answers | Asked in Family Law for Florida on
Q: What can I do if a magistrate changed my testimony in a hearing and made conclusions based on false evidence?

In a hearing requested by me, in wish I couldn't express the issues as is, I asked the court for a new parenting plan because due to the contempt of the other party (a relocation of a child without a petition to a court or any new agreement based in this relocation), the time-sharing under my... View More

0 Answers | Asked in Criminal Law and Family Law for Florida on
Q: My parents are pursuing me to accept a force marriage or else face charges for defending myself with a taser

They were accusing me of being in love with someone I don’t even know and said I called him but no way to have his number. His girl said an 857 number but I’ve never had an 857 number and they have kept coming here along with my parents keep pursuing me

1 Answer | Asked in Family Law for Florida on
Q: Hi, about a month ago I found out my now ex girlfriend cheated on me and got pregnant. Do I need a paternity test?

She gave me the timelines and said she was 7 weeks along as confirmed by her doctor, which would mean it is not mine. However the only evidence I have is communication with her. I don’t believe she would lie about something like this, but she also cheated on me so I’m not sure whether I can... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 9, 2025

There may not be much that you can do until the child is born. Once born you will have a legal right to request a DNA test to confirm paternity. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Schooling question

Hello I have a question about a situation about my daughter enrollment for school. I am a primary caregiver. Her dad has her twice a week. I am trying to cooperate and trying to figure out a agreement for a school I tried to discuss halfway in between me and his house, and he is trying to say that... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 9, 2025

You do not mention if you have been to court or not. If you have a parenting plan then you need to follow what it says. If you do not then you may need to go to court to settle this disagreement. Based on the facts contained in your question you can enroll the child in a school near your house. If... View More

2 Answers | Asked in Family Law and Real Estate Law for Florida on
Q: I have POA notarized done 3years ago for my mom that suffers of dementia. Can I used to sign for her selling house in PR

My dad is selling the house and he can sign but she can’t. I move them with me to Florida. We did a POA here when she was showing the symptoms. Can I use that POA and sign for her ? will be accepted in PR

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 9, 2025

If the POA was properly prepared then it should be valid anywhere. Speak with a local real estate lawyer for more specific advice on the issue of selling a property with a POA..

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1 Answer | Asked in Family Law for Florida on
Q: Do a relocated non-custodial parent should have sent a petition to relocate if didn't exist any shared-parenting order?

A non-custodial parent moved after separation to Texas after the other custodial parent decided to move with the child to Orlando (both lived in Miami). A dissolution of marriage started after that and 1 year later this dissolution was done with a parenting plan. In this parenting plan the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 9, 2025

The starting point for this question is to read your parenting plan. That is the law of your case. Technically a parent can move anywhere as long as they notify the other parent of their new address. Relocation comes in if the parent is trying to change the child's school or timesharing... View More

1 Answer | Asked in Family Law and Civil Litigation for Florida on
Q: Can I move out of state with my open DCF case?

My case was opened in 2023, and my children have been removed from the home. My daughter is living with her maternal grandparents, and my son is in foster care. Since the DCF case was opened my husband and I have been dealing with homelessness, and lack of income. My husband has been completing all... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 6, 2025

The question that you need to decide is are you opposing the TPR. You can move wherever you choose so long as you are complying with any court orders issued. If there is a court order that says you cannot move then you need to return to court to get permission. Speak with a local family lawyer for... View More

3 Answers | Asked in Family Law, Tax Law, Business Law and Child Support for Florida on
Q: If the father of a child has his own small business (LLC), does his monthly business expenses count toward his income?

Or does a certain percentage count? He pays himself very little and writes off everything thought the company such as car, insurance, phone, etc including our dinners when we used to go out. Is there a Florida law regarding this?

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2025

Your question is a little complicated but the short answer is yes, anything that reduces his normal living expenses counts as income, regardless of whether he writes it off as a business expense. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Question on financial compensation

I have been married 3 years. Never really lived with my husband due to a multitude of lies & excuses however, during our marriage, he has officially lived with two different women and had children with these women and has used his money earned from his job to support these households -... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 3, 2025

There is a legal concept called dissipation of marital assets. It may be possible for you to recover half of what he spent on non-marital expenses such as other women, cars, etc. Speak with a local family lawyer for more specific advice.

0 Answers | Asked in Domestic Violence and Family Law for Florida on
Q: my friend lives in Florida and her mom is abusive, can guardianship be transferred based off of emotional abuse?

Withholding of therapy, devices, freedoms, and drinking problems are the main things her mom does. her dad is an acholic that doesn't speak much English that already lost custody once, could her 19 year old brother take guardianship of her to take her across state lines to get away from the abuse?

0 Answers | Asked in Family Law for Florida on
Q: in rescheduling a civil hearing the court set the date without my availability considered. What can I do?

Timeline of Events

1. 12/19 at 9:05 AM: Email sent regarding a medical emergency and the need to reschedule upcoming proceedings.

2. 12/20 at 2:48 PM: Three dates and times were sent by the clerk for rescheduling.

3. 12/20 at 3:16 PM: ex replied with their availability.... View More

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Hi, Can my boyfriend take my kids away from me? As he has a job and I dont?

He threatens me all the time saying he will take our kids away from me. Is it possible? And would I be able to move out of state with the kids even if he won't let me? Since my family and help for me is in another state

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 28, 2024

In Florida, unless you have already been to court the mother starts out with control of the children. It is possible for one parent to go to court to establish or modify timesharing (custody) but the end result will be a schedule of sharing time. It is rare for children to be "taken away"... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can i keep my daughter with me until we set a custody agreement

I am a father, my daughter was born in cuba, i came to the us 2 years ago and i am a permanent resident. my daughters mother brought my daughter crossing border which i didnt agree with as it is very dangerous for a 9 year old. recently her mother doesn’t let her come spend the weekend with me, i... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 27, 2024

It sounds like you need to file a paternity case to protect your rights as the father. You may also have immigration issues. Speak with a local family and/or immigration lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Nolegal child custody established. Child lives with father full time and ex lives in canada. Need travel consent w/o ex

Father and child lives in the US and ex lives in Canada. Ex filed the divorce back in 2018 in Canada but since the child is living with father, Canadian court proceeded with divorce only as they do not have the jurisdiction over the child. She does not pay for a dime or child support as directed by... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 27, 2024

If you have or can get a certified copy of the Canadian divorce decree you can domesticate it (file with your local court and ask them to recognize it). Depending on the exact language regarding the child you may need to file a motion as well asking for sole parental responsibility and authority to... View More

1 Answer | Asked in Family Law for Florida on
Q: Can I stop the sale of my grandparents home that was promised to me for 150,000. upon a verbal agreement with my family?

My granny just passed away and the land and home was deeded to my uncle, however on my granny's dying bed she verbally told my uncle to make sure I got the house if she passed. My uncle agreed with her and said he would. Then we made an agreement that I would buy the land and home for 150,000... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 21, 2024

Unless you have an agreement in writing in your favor then you really don’t have legal recourse. Texts and verbal statements are not good enough. If your uncle inherited the property then he controls what happens with it. Speak to a local probate attorney for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Court ordered scheduling. My ex is trying to take my regular time sharing. There's a court order for Christmas break

There is a court order stating I get extra overnights for winter break and there are dates to choose those nights from but if I do not agree on those nights I get 7 overnights from December 25-January 1st. My ex is suggesting this means I lost my regularly appointed court dates during the suggested... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 19, 2024

Unfortunately you either reach an agreement with the other parent about what the timesharing is or else you have to return to court. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law and Probate for Florida on
Q: How to address a will and trust made by a family member that used her parents to remove her other children?

My siblings and I believe our little sister fraudulently coherence our edlerly parents in changing their will from their original will. My father died in 2021 and my my mom died 2024. Both of them were in their 90’s when the will was changed and both not in good health. My siblings and I do not... View More

Anthony M. Avery
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answered on Dec 18, 2024

Hire a FL attorney to at least examine the proffered Will for proper execution and terms. Many computer wills are insufficient and rarely executed properly. If the document is not a proper will then someone needs to file a Will Contest, which is expensive.

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0 Answers | Asked in Family Law for Florida on
Q: Can a custodial parent relocate with a minor freely, without relocation by agreement or petition to relocate?

After a mother relocated to another state without any Relocation by agreement to define transportation arrangements to guarantee time-sharing due to a substantial and material change; or without a Petition to Relocate pleading any necessity, and refusing to cooperate and denying to send the child... View More

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