Lawyers, Answer Questions  & Get Points Log In
Florida Family Law Questions & Answers
0 Answers | Asked in Family Law and Banking for Florida on
Q: Q: Can a Credit Union drain account to pay for credit card immediately after death?

I am a joint owner on my mother's checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). The credit card was in her name only and I am not a co-signer on the credit card. I... View More

0 Answers | Asked in Family Law for Florida on
Q: If a son is threatening to kill his father. What can the father do? The son is over 30 years old

A son is threatening his father. He has threatened him on different occasions. The father has made a report but nothing has been done. What else can he do?

4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 15, 2024

You will need to hire a probate attorney. The bank is correct. You do not get the $$ in his account merely because you were married. The probate court must determine your rights to his estate.

View More Answers

1 Answer | Asked in Domestic Violence, Family Law, Appeals / Appellate Law and Federal Crimes for Florida on
Q: Can a victim of Domestic Violence and Abuse go back to a Strangulation/Felony charge in VA and fight it.? It was in 2014
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 12, 2024

A victim wouldn't have standing to appeal the results of a criminal case. Also, the time to appeal has no doubt passed. Finally, you should have asked this in the Virginia sub-forum.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Do i have to attend a deposition requested by email from the other parties attorney?

I'm wary because its through email and it seems not to be a court order. Just told "oral depositions is a normal discovery procedure authorized by the Florida family rules of procedure. Your attendance at this deposition is mandatory. I am only giving you the courtesy of coordinating it... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2024

Because you are a party, you are required to appear for deposition when you receive a formal written Notice. Typically, her attorney would contact your attorney to discuss available dates for scheduling. If you do not have an attorney, her attorney would reach out to you for available dates, most... View More

0 Answers | Asked in Estate Planning, Family Law and Adoption for Florida on
Q: I would like to adopt my husband's adult daughter but I'm a bit confused on one thing...

My husband's daughter by his first wife is an adult in another state. Her mother is deceased. I would like to adopt her officially as I have no children or close blood relatives, for estate planning purposes. But the paperwork suggests that I would legally be replacing both her parents and not... View More

0 Answers | Asked in Child Support and Family Law for Florida on
Q: my son (21) has been in and out of college and in rehab since grad. and is now trying to extend support to 25. Can he?

Graduated high school. Attended university for 3 semesters - flunked out.

Took the summer off. Partied with friends. Refused to get a job.

Enrolled in community college. Flunked out after 2 semester.

Took a YEAR off. Got in trouble. Went to rehab.

Refused to get... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: My Ex wife hired an Au pair after the divorce without consulting me and now she wants me to pay for it, Florida

Our schedule is 50/50 the first 15 days of the month Ive the kids and the remaining she have them, I don't need child care during my time because I'm off from work but she wants the child care calculated on the 100% for the au pair fee which is $1700 a month also I don't have access... View More

Linda Liang
Linda Liang
answered on Apr 7, 2024

Parenting plan in divorce matter usually address the actual amount needed when it comes to child support. I am curious as to how you are forced to pay for service you do not agree to. You can refuse to pay for the service if it is beyond the arrangement of your divorce decree.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Florida on
Q: To what extent will it hurt my case if I have dv records (1)from my current wife that were dropped ??

.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 6, 2024

If it goes to trial, you will need to have witnesses to the DV incident or incidents, Records from cases that was dismissed are hearsay and therefore not admissible.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If my dad has legal custody of me but he emotionally abuses me and im happier with my mom can i go back to my mom im 15

I have been wanting to live with my mother again for years he lied about her and said that she was abusive and unstable when she wasnt and im happier with my mom but mentally broken with my dad is there a way i can go back to living with my mom?

Osama Khalil
Osama Khalil
answered on Apr 5, 2024

Presently residing with your father, there's a possibility of transitioning back to your mother's care. As a 15-year-old, your perspective carries considerable importance in custody matters. The emotional strain you endure provides a compelling basis for revising the current custody... View More

View More Answers

1 Answer | Asked in Family Law and Landlord - Tenant for Florida on
Q: Can my parents kick me(27), my wife(24), and my 2 year old son out w/o notice and with a verbal agreement to pay rent?

Im 27 male, I have been living with my parents since around August 2023 when my wife and I had a breakup. My wife and I have a 2 year old son that also lives with us. When i moved in with parents in august I was rent free but around mid January 2024 my wife and I started working on things and got... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

It sounds like you're in a challenging situation, and it's important to know your rights in this case. Even though your agreement to pay rent is verbal, you are considered tenants under most local housing laws. This usually means that your parents, as landlords, cannot evict you without... View More

1 Answer | Asked in Family Law for Florida on
Q: Can a judge refuse to hear or rule on a motion for summary judgment?

I filed a motion for summary judgment on my petition and when I asked for hearing time for the motion, the judge instead issued an order for trial and ignored my request for hearing time. I believe that per rule 12.510 and rule 1.510 and rule 56 that the opposing party must respond and the judge... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

Family cases are a little different than regular civil cases. At the trial you can argue your summary judgment motion; however, the judge will probably consider your arguments together with everything else that is presented at the trial. Speak with a local family lawyer for more specific advice.

0 Answers | Asked in Family Law and Probate for Florida on
Q: PROBATE FLORIDA How do I approach court for an INVENTORY LIST & ACCOUNTING of my father's estate. Example letter.

PROBATE

The Personal Representative has not fulfilled their duty to provide the Probate Court with an Inventory List w/ the value of each item within 60 days. The judge signed the probate on October 31st. As of now, it's a week shy of 5 months probate has been going and list has not... View More

1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for Florida on
Q: Is there any Florida case law, that states when a court suspends a parent’s timesharing?

Is there any Florida case law, that states when a court suspends a parent’s timesharing that, they are not held to this statue and are not required to pay 100% child support to the other parent. This parent cannot exercise their timesharing because the courts suspended it, it's not that the... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

The short answer is NO. Although child support and timesharing are interrelated, a suspension of timesharing does not suspend a child support obligation. The financial obligation is ongoing pursuant to the court order unless and until it is changed. Speak with a local family lawyer for more... View More

0 Answers | Asked in Family Law for Florida on
Q: Are non-registered domestic partnership enforced in Florida ?

Or only officially recorded applications with Clerk of the Circuit Court & Comptroller are valid ?

In case if non-registered domestic partnerships can be enforced what are the requirements to prove such ?

Thanks

1 Answer | Asked in Adoption, Criminal Law, Family Law and Federal Crimes for Florida on
Q: How can I prove adoption fraud?

I'm not even certain its considered adoption fraud or something else however proper protocol was not followed & lies used.

This was a dependency case turned termination of parental rights/adoption. I asked the court & case manager to perform a family finding a provision to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

To address concerns of adoption fraud or misconduct in a dependency case, it’s crucial to gather all relevant documentation and evidence. This includes correspondence with case management, court documents, and any records of communication between family members and case management. Documentation... View More

0 Answers | Asked in Family Law for Florida on
Q: Do my parents have rights to have my work schedule and text my managers about where I am after 18?

I turned 18 a month ago and haven't heard from my parents. One of my managers showed me messages where they were asking about my whereabouts and openly having my schedule on their phones and watching it. It makes me uncomfortable due to abuse that has happened before. They've been... View More

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: My cousin is in a nursing home with dementia. Taxes are due on his FL home. can a family pay the taxes b4 tax lien issue

Can I submit an invoice to be reimbursed upon the sale of the home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 24, 2024

Yes, you can pay the taxes. You should also look into whether the home is exempt.

But someone should be responsible for his financial affairs; that person should take care of the tax payments.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: PBC Florida. Husband abandoned me and stole our 2 children! He wont let me see or speak to them. How should I proceed?
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

As long as the two of you are legally married you both have equal rights to the children. If you want the courts to intervene then you need to file a case against your spouse. The most obvious case would be a dissolution of marriage (divorce). The case would need to be filed where you have lived... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.