Get free answers to your Family Law legal questions from lawyers in your area.
i would like to remove him ...can it be done?
I am considering filing a notice of appeal to preserve my rights while waiting for the transcript of a hearing that resulted in a permanent injunction against me. The injunction was granted based on claims of harassment, threats, emotional distress, and physical violence. The most significant... View More 
I've tried asking a family law lawyer who said since the child is above 18, it becomes a guardianship issue. They gave me 3 guardianship lawyers. I called two and both said it would be family law. So I went to the FL child support website and called their number. They said child support is... View More
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answered on Nov 18, 2024
Generally child support issues fall within family law. However a case related to the disabled child must be filed before the age of 18 for the family law courts to have jurisdiction over the matter beyond the age of majority. So the question is, was there ever a case that was initiated that child... View More
My salary is $110k. Hers is $135k. We have three kids.
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answered on Nov 19, 2024
Yes, property acquired during the marriage, except for inheritance is considered marital property. Florida is a 50-50 equitable distribution state. This means that, any interest acquired in any assets during the marriage is subject to equal division. This does not matter if her income is more. One... View More
He also takes them out of the state of Florida without notifying her of where they’re going, length of visit, etc..She is the majority parent but be always skirts the rules. What can be done about this?
answered on Nov 18, 2024
Your remedy is to return to court on a motion for enforcement and contempt. Unfortunately it is hard to prove these issues and there is not much that the court can do other than reprimand the violating parent. Speak with a local family lawyer for more specific advice.
My son went temporarily to MI while I was incarcerated. I still have full custody. I am doing well and would like my son to be with me again. I believe my son has been turned against me while I was gone. My mother is elderly and in very poor health, My stepfather has Alzheimer’s. So my son is... View More
answered on Nov 18, 2024
You need to start with the last court order regarding your child. What does it say about who cares for the child while you were incarcerated. You can then return to the court that issued that order to ask to get your child back. Generally, children do not get to choose who they live with. Speak... View More
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answered on Nov 15, 2024
I would need to see the Final Judgment/Parenting Plan but it is likely that if regular visits are supervised, then Holiday visits are supervised as well. It sounds like it may be time to review that finding of supervised visits and petition the Court for a change. Give us a call at 954-840-5301.... View More
If a non custodial parent moved to another state before a Dissolution of Marriage was done in Florida, did she/he need to file a Petition for Relocation? When is considered she/he moved, when done physically or legally change address?
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answered on Nov 15, 2024
The short answer is that typically, only the parent who plans to move needs to file the petition before the move, but relocation is rarely just about legal paperwork. What you’re probably worried about is how this move could affect your relationship with your child or your ability to maintain... View More
Do Florida Courts still have jurisdiction to modify Parenting Plan if the mother moved to another state for more than 3 years
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answered on Nov 15, 2024
Again, the short answer is yes, if there have not been any other court orders in another state. The heart of this issue isn’t just about legal jurisdiction; it’s about power, control, and fairness in parenting. When one parent moves out of state for years without addressing the existing court... View More
At this point in time we are in family court and as of yet I have not been ordered to pay child support. I am responsible for paying recurring expenses such as child care and medical expenses. She wants me to stop doing so and send her the money so that she may do so directly.
answered on Nov 15, 2024
You do not mention if there is a court order or not. If there is a court order then you should do what it says. If not, how ever you choose to provide money, make sure that you keep clear records of the date and how much you paid. Without a court order, you decide what and how to pay. Speak with a... View More
She was homeless. Now she has a home and wants her son back but her brother has refused and is now trying to get custody. She doesn't know what to do. Do you help with these matters?
answered on Nov 14, 2024
Tell your friend to look for a legal aid agency in her area. They can either help or point her in the right direction. Many lawyers offer a free consultation. Speak with a local family lawyer for more specific advice.
Esprcially if they are in another state
answered on Nov 14, 2024
There is no guarantee but you can submit the passport application with a statement explaining why the other parent cannot be located. Speak with a local family lawyer for more specific advice.
He and the 16yr old got in an argument. No arrests or charges. 19yr old has her 2 younger sisters. Said DCS wont let him.But he didn't hear from DCS, they did call me and a few friends to answer some questions about him. That was the last we heard from it. He called and texted asking for her... View More
Paternal grandfather who has no rights to custody is with holding my child from me. The police won't enforce our court order because child is refusing to come home willingly. They stated it must say removable by force, not enforceable by law. Grandpa has encouraged his behavior telling him he... View More
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answered on Nov 12, 2024
The answer depends on whether the custody agreement was ratified by the Court and if it became a final or temporary order in a custody or a paternity case. Custody agreements between two parents that are not generally filed in Court can be enforced as a contract if necessary to protect one parent... View More
Respondent moved to a different state 22h away without notifying me. The lawyer didn’t notify me as well. If I file motion to ask to return child to the Jurisdiction where the case is pending, what are the odds of the judge moving the case to the new state she lives in, if the respondent/lawyer... View More
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answered on Nov 11, 2024
It appears that the Respondent has relocated with the minor child without proper authorization from the Court or written consent from the other parent, you. In this case, a Motion to Return Child to the Court’s Jurisdiction should be immediately filed. Be sure to attach a copy of the UCCJEA... View More
The DCF case worker will not stop the bullying my mom (the Guardian) does with visitations with my kids . We are all in group chat and my mom constantly denied me phone calls , Dr. Visits, school activities, and even a birthday and holiday recently.this has been happening for over 6 months and... View More
A UCCJEA was also filed with the petition. The lawyer didn’t notify me as well. The child now lives 22h away oppose to 6h . What should I do to get this settled quickly .
answered on Nov 6, 2024
File an Emergency Motion for Child Pick-Up Order. This motion can request the court to order the immediate return of the child. Since the respondent did not notify you about the relocation, they might be in contempt of court, especially if there was a court order in place prohibiting such a move... View More
Atty for the defendant demands $50k as well as dropping an injunction or they will sue for an undisclosed amount
is my marriage legal even though I put Stewart instead of Evans because my name was going to be Evans anyway they had me put the former last name
answered on Nov 4, 2024
If your marriage license was executed by a proper officiant and filed with the clerk then you are legally married. Think about it like a typo. I am assuming that the remainder of the identifying information is correct. Moving forward you always have the option of going to court for a legal name... View More
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