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Florida Family Law Questions & Answers
0 Answers | Asked in Family Law for Florida on
Q: My girlfriend is pregnant with my baby but still technically married. They have been separated for awhile now.

And they are going through the process of having divorce papers filled out and signed but have not yet filed. What has to happen for me to be put on the birth certificate?

0 Answers | Asked in Family Law for Florida on
Q: Parenting plan

If two parents already have a standard parenting plan for two kids and both agreed for one child to stay with dad . Is there a way . An agreement letter can be notarized between the two while waiting on a modification court date? Can you go to somewhere local for the notary if the parents are not... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Do I have to let our child leave with his father if he won’t share his new address which is required within 24hrs?

Our child in this case is 9. The father and I share 50/50 custody, rotating time sharing weekly. For summer we each get about 3 weeks uninterrupted time. Tomorrow, the 22nd is supposed to be the start of the father’s 3 week summer time sharing. I got word from his wife on Friday that he was asked... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 22, 2024

If you "got word from his wife on Friday that he ... moved all of his stuff out and into a [friend's] house", isn't it clear to you that he now lives in the friend's house? If you are in doubt, ask his wife for clarification.

1 Answer | Asked in Family Law for Florida on
Q: My ex has full custody. On my visits my kids say he is drinking and driving with them in the car. What can I do?

My kids have reported back to me for the past two weeks my ex is drinking and driving with them in the car. He almost got into an accident with them too. How do I proceed to get custody removed and protect my kids?

Pamela J. Fero
Pamela J. Fero
answered on Jul 24, 2024

You may file a motion to modify the custody arrangement if there are significant concerns about the children’s safety. Document everything your children have told you, including dates, times, locations, and specific details of the alleged incidents. If there are any witnesses or additional... View More

0 Answers | Asked in Family Law and Adoption for Florida on
Q: how to change my my adopted daughters name - we didn't get a chance to when she was adopted fromGuatemala. currently 17.

Should I wait until she is 18 and she can do an adult name change?

2 Answers | Asked in Family Law and Social Security for Florida on
Q: If I turn 18 and am still in highschool is there a way to get my survivor benefits sent to me instead of my mom?

hi, I am 17 and my mom currently receives survivor benefits for her, me, and my brother after our fathers passing. I turn 18 in November and am wondering if I would receive my portion of survivor benefits instead of her once I am 18 since I would still be in highschool until May. I haven't... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 19, 2024

Once you turn 18, the benefits that were previously managed by your mother on your behalf can be redirected to you. You will need to notify the Social Security Administration (SSA) of your status as a full-time student in high school.

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0 Answers | Asked in Family Law for Florida on
Q: My 5 year old daughter shares a room and bed with her mother and the mother's significantly older boyfriend.

At what age is the mother required to provide a separate bedroom for my daughter. The boyfriends grown sons live in the other rooms with their girl friends. so there are no rooms available for my daughter.

0 Answers | Asked in Family Law for Florida on
Q: I have a deposition for a modification of a parenting plan today at1:pm. I do not have an attorney. The other party neve

The other party never sent me details about this deposition what should I do ? It is today at 1 pm and I do not know what to do

0 Answers | Asked in Family Law, Criminal Law, Animal / Dog Law and Domestic Violence for Florida on
Q: What can I legally do when my boyfriend is purposely smoking cigarettes around me and forces me into a room all day.

I live in a house with my boyfriend for the last 7 years in Lakeland fl. He owns the home my name isn't on it. We financially can't afford much and I refuse to let him buy meth from his cousin so in return he has chosen to smoke inside the house knowing I have been having chest problems... View More

0 Answers | Asked in Family Law for Florida on
Q: If my baby mama just had decision making rights taken away from her by her sons father can that help my girls?

Baby mamas son’s father was recently granted full decision making rights and majority custody 80/20. Can I in any way use that to get the same thing for my girls with her we currently share 50/50, but her living situation is very unstable and she is very unstable.

0 Answers | Asked in Family Law and Child Custody for Florida on
Q: How do you measure the 50 mile rule?

My boyfriend and I are looking to relocate to a different city. The area we are looking in is about 60 miles from the child’s primary residence. He has primary custody of the child. He has 5 days she has 2. How do we accurately measure the 50 mile rule? If it is under 50 miles, do we still need... View More

0 Answers | Asked in Family Law and Probate for Florida on
Q: Can my brother as a rep of the family decide what I should receive as well as decide the value of property etc?

My brother & I decided to go 50/50 on our mothers probate issue. She had property, vehicle & cash. She had a boyfriend who made himself owner of her funds. She foolishly trusted him to give me what she told hm. At the hospital my mom told me that upon her passing her boyfriend was going to... View More

0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: My son ran away from his dad today after he picked him up from work with 2cops saying he has no choice but to go.

My 16yr was going to take a bus to Louisiana because he didn’t want to get me thrown in jail. His dad said I would go to prison his 1/2 brother in foster care and him in bordering school if he didn’t go with him. He took his ID and credit cards (mine) while he slept on drive there. I got my son... View More

0 Answers | Asked in Criminal Law and Family Law for Florida on
Q: Can someone get in trouble for giving a fake doctors release form

Exes gf watches my kids during his week. She claimed to be ill and unable to watch them so I had the kids every week. I asked for a doctors work release to make sure she is okay to watch them alone during work hours. I think she sent me a fake doctors note. Can she get in trouble for that?

2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More

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0 Answers | Asked in Appeals / Appellate Law, Child Support, Divorce and Family Law for Florida on
Q: Can a Judge ignore an appeal and a modification of child support?

Appealed after my divorce as a motion to Limine was granted by the Magistrate and my financials tripled. Judge signed the magistrates order the same day without allowing my 10 day response. Extended time hearing was canceled for appeal with contesting the magistrates being bias with out any... View More

0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Collections for Florida on
Q: Can FL Judgment creditor collect from the debtor's estate? Are their actions to take now to collect when debtor dies?

Creditor has substantial Judgment which is unpaid when debtor dies.

If all or some portion of debt is still unpaid when debtor dies, are there legal steps available to creditor while debtor is alive to ensure they can collect the debt from debtor's estate?

Judgment debt is in Florida.

0 Answers | Asked in Child Support and Family Law for Florida on
Q: Petition for modification of child support and alimony, default

I filed a summons in FL, which was served electronically. My ex did not respond in 20 days. All documents have been served via email as well. I did not fill out the process service memorandum though. Is this why he did not respond?

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my ex wife move from her residence taking our daughter without telling me?

I do not believe she moved out of state . I do not know where they are, I've asked to see our daughter but they come up with an excuse for me not to show up at the residence. They don't know that I know they moved. They keep lying to me. The ex wife has our daughter lying to me about where they are.

Pamela J. Fero
Pamela J. Fero
answered on Jul 11, 2024

According to Florida statutes, a parent cannot relocate more than 50 miles from their current residence for more than 60 consecutive days without the consent of the other parent or a court order. This applies to moves within the state as well as out of state. For the parent wishing to move, there... View More

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