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Florida Family Law Questions & Answers
0 Answers | Asked in Family Law, Domestic Violence and Divorce for Florida on
Q: Seeking family law help in Crestview, FL for divorce and injunction related to felony case.

I am seeking family law help for my son in Crestview, Florida. He needs assistance with a divorce and dealing with a temporary injunction that is connected to his felony domestic violence case. He currently has a public defender appointed for the felony case. In addition, there is one minor child... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Florida on
Q: How can I file for full custody in Florida when child's father is absent and neglectful?

I have been the primary caregiver for my child, with her father having had no contact for 5 months and neglecting child support for 1 year and 5 months. My daughter solely lives with me, and our current understanding is that I have full custody, although there are no formal court orders in place.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 1, 2025

You do not say if you are married or not. If you are unmarried and have never been to court for paternity then you can basically do whatever you like. If the father opposes anything then he would have to go to court. If you are married it is a similar situation. Speak with a local family lawyer for... View More

0 Answers | Asked in Business Formation, Business Law, Family Law and Contracts for Florida on
Q: How do FL and TX jurisdictional differences impact our LLC agreement's divorce provisions?

I have a two-tier LLC structure in Texas where a parent LLC (60% owned by my brother and 40% by me) wholly owns a subsidiary LLC conducting our consulting business. Our operating agreements include a clause designed to prevent a spouse from acquiring an ownership stake that could interfere with the... View More

2 Answers | Asked in Adoption, Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can my husband adopt my children if I have full custody and their birth father has visitation rights, but hasn't visited since 2022 and is behind on child support?

I have full legal and full physical custody of my children, and their birth father has supervised visitation rights two hours once a month, per a court order. However, he has not used these visits since 2022 and only saw the children once that year. He has expressed objections to someone else... View More

Daniel A Bachert
Daniel A Bachert
answered on Mar 31, 2025

The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.

The...
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0 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: What can I do to gain custody after father's arrest for child abuse?

I have two sons, ages 14 and 12, who live with their father in Florida. Their father was arrested last night (3/26/2025) for aggravated child abuse. Despite this, I was not contacted to see if I would want to take my boys home with me. I have not seen them in almost three years due to the mental... View More

3 Answers | Asked in Bankruptcy, Divorce, Business Law and Family Law for Florida on
Q: Can I be sued for ex-wife's car repossession after she filed bankruptcy?

I received a letter stating that a car is being repossessed. My ex-wife has the car and was supposed to refinance the loan in her name after our mutual agreement during a simple divorce, but she did not do so. We did not sign any formal transfer documents. I contacted the lender explaining that I... View More

Mr Eric Klein
Mr Eric Klein
answered on Mar 26, 2025

First, the lender has the right and will probably sue you for any deficiency in the loan once the car is repossessed and sold at auction. The bankruptcy will only protect her, not you. She has the option of surrendering or keeping the car by paying off the car loan, her choice. Good luck!

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3 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 26, 2025

Since you are married, it would be better to file a divorce case so that you have the court to back you up. Currently, by virtue of being married, you both have a right to the property so there is no legal basis to put him out or remove his belongings. Speak with a local family lawyer for more... View More

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0 Answers | Asked in Divorce, Domestic Violence and Family Law for Florida on
Q: Seeking pro bono legal assistance for high-conflict divorce with DV issues in Palm Beach County, while residing in Broward County; urgent hearing on April 5th and trial in June.

I am involved in a high-conflict divorce with domestic violence issues in Palm Beach County, though I have moved to Broward County. I've called numerous legal aid organizations, including Palm Beach Legal Aid, Broward Legal Aid, Rural Legal Aid, and various law firms, seeking pro bono... View More

0 Answers | Asked in Criminal Law, Family Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Can I obtain and how do I obtain a no trespass against stepson girlfriend who continually stays the night with stepson.

Stepson girlfriend has not obtained prior approval from homeowner as to be able to stay extended periods of time at homeowners residence.

0 Answers | Asked in Family Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Can I charge a fee to my stepson girlfriend who continually spends the night at my residence without obtaining approval?

If stepson girlfriend who has her own apartment continually stays the night at my residence can I charge her a fee for staying at my property?

Also, stepson girlfriend has 3 kids in her own apartment and supposedly has her roommate watch her kids as stepson girlfriend is hardly ever at her... View More

0 Answers | Asked in Family Law, Gov & Administrative Law and Elder Law for Florida on
Q: How to place nephew with mental health issues in long-term care?

I am seeking legal advice about placing my 20-year-old nephew, diagnosed with bipolar disorder, borderline autism, and schizophrenia, in a care facility for individuals with mental disabilities. He has been Baker Acted and Marchman Acted multiple times, but is released after 72 hours. He has... View More

0 Answers | Asked in Family Law and Gov & Administrative Law for Florida on
Q: How to file for guardianship without attorney in FL?

I am trying to obtain guardianship over my mother in Florida, and she has agreed to this arrangement. However, when I attempted to file my motion with the court, I was informed by the clerk that I must have an attorney. The reasons were vague, and I was told the attorney needed to fill out certain... View More

0 Answers | Asked in Education Law and Family Law for Florida on
Q: Can a 16-year-old consent to mental health services in Florida?

In Florida, can a 16-year-old give consent for mental health services if they are actively searching for such services and their parents or guardians are involved and aware?

0 Answers | Asked in Family Law for Florida on
Q: Can I keep my child away from my partner's sister who disregards my decisions?

I told my partner's sister that she could not have a christening for my son, and she agreed to respect my decision. However, she then went around me and talked to the father about it. My partner and I are together raising our son, and we discuss decisions for him jointly, although we have no... View More

4 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Am I entitled to half the proceeds from a house bought during marriage if not on the deed?

I am still legally married but have been separated from my husband for 4 years. We have not signed any agreements regarding our house, which was purchased during our marriage. I am not on the deed, and I plan to file for divorce this year. I need to know if I am entitled to receive half of the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 18, 2025

The answer to your question is not that simple. In a divorce the starting point for division of property is 50/50. However, there are many factors that can change that. For example, since you have been separated for four years I am assuming that you have not paid anything towards the house for the... View More

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0 Answers | Asked in Child Custody, Family Law and Gov & Administrative Law for Florida on
Q: What can we do if my parents won't support my 16-year-old brother after lease cancellation?

My mom, who is the primary custodian of my 16-year-old brother, is canceling her apartment lease at the end of this month without making arrangements for my brother's care. My parents are divorced, and neither my mom nor my dad are planning to support him, and I am unable to take him in... View More

1 Answer | Asked in Landlord - Tenant and Family Law for Florida on
Q: How can I remove my name from an unaffordable lease and solve my brother's living situation?

I'm 18 years old and unintentionally signed a lease under pressure from my mother, which starts on March 28th. I cannot afford it, and now I'm seeking to remove my name from it swiftly. The landlord is aware, and I've considered legal advice. My mother insists that my 16-year-old... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 17, 2025

You are asking two separate questions, legally.

You have no legal responsibility to house your younger brother.

Regarding the lease, tell the landlord that you are canceling. Do not take possession of the property. You may lose any deposit that may have been made. Speak with a local...
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2 Answers | Asked in Criminal Law and Family Law for Florida on
Q: Legal consequences for signing birth certificate after partner turns 18?

I am in a consensual relationship with my 17-year-old partner, and both our parents are aware and okay with it. We currently live together. If I get her pregnant now when she's 17 and I'm 21, and she turns 18 by the due date, would I face any legal consequences for signing the birth... View More

Michael Rubin
Michael Rubin
answered on Mar 16, 2025

NOT A QUESTION FOR A CRIMINAL DEFENSE LAWYER

SEEK COUNSELING

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0 Answers | Asked in Criminal Law and Family Law for Florida on
Q: Could my 22-year-old boyfriend face legal issues in Florida if he signs the birth certificate when I turn 18?

I am currently 17 years old and living in Florida with my 22-year-old boyfriend in a consensual relationship. We are expecting a child soon, and I will be 18 at the time of the birth. I am concerned about whether my boyfriend could face any legal trouble in Florida if he signs the birth certificate... View More

1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: Can my 21-year-old boyfriend face legal issues in Florida due to age gap if I get pregnant at 17?

If I get pregnant at 17 and have the baby at 18, can my 21-year-old boyfriend face legal consequences? He will be 22 when the baby is born. We have parental consent for our relationship and live in Florida. I am concerned about potential legal issues due to the age gap of over 4 years at the time... View More

Michael Rubin
Michael Rubin
answered on Mar 16, 2025

yes

why isn't he the one asking?????

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