Get free answers to your Family Law legal questions from lawyers in your area.
I'm currently in a divorce process and pregnant by another person, with my due date set for mid to late June. I'm concerned about complications with the newborn's registration. I've discussed custody informally with my spouse, who's been absent at mediation, delaying... View More

answered on May 20, 2025
Your situation raises both legal and practical considerations, and I’m glad you’re seeking guidance now.
In Florida, being pregnant by another person does not automatically expedite a divorce, but it can complicate the timeline—especially with regard to establishing paternity and... View More
I have been paying child support for my daughter for 21 years. According to the agreement, I am obligated to pay until she turns 21 unless she is enrolled in school. She previously flunked out of college, but just before the last payment, my ex informed me that she re-enrolled in school and is... View More

answered on May 20, 2025
You need to read carefully the court order on child support. If the child was 21 and not in school then you can probably stop paying. Let the other parent take you to court and prove that you do still owe child support. Speak with a local family lawyer for more specific advice.
I adopted my niece along with my husband in Florida, and we have a final judgment showing her new name. She was born in Puerto Rico, and despite having a certified copy of the adoption judgment, we've been unable to reach the vital records office there to understand how to update her birth... View More

answered on May 20, 2025
Contact a lawyer who is a member of the P.R. Bar, who practices family law. Other than lawyers in P.R. itself, you likely can find some Fla. lawyers who are members of the P.R. Bar by contacting the Florida Bar Lawyer Referral Service, which you can find at Floridabar.org.
I am my daughter's biological mother, and her stepdad had temporary custody. Recently, her biological father, who has been absent for the past 5 years, obtained a court order and took her from her stepdad's home unexpectedly. There is no existing court order involving custody between her... View More

answered on May 19, 2025
Good day,
Your rights to get back your daughter depends upon the type of court that gave an order to the stepfather and the type of court that the gave an order to the biological father. For instance, if DCF is involved or if it is family court. You may need to join the cases so that there... View More
I need legal representation for a specific legal issue but I don't have the financial means to pay for it. What options do I have for obtaining affordable or free legal assistance?
My ex-spouse is failing to comply with the divorce agreement regarding our mortgage in Florida. Additionally, my signature and those of two witnesses were forged for a loan modification. I am worried about the financial and legal implications of these actions. What steps can I take to ensure the... View More

answered on May 18, 2025
You need to file a motion with the court expressing your concerns and asking for enforcement of the agreement. Speak with a local family lawyer for more specific advice.
I am the primary caregiver for my child and have been with her during a two-week hospital stay for her surgery. I signed all the necessary paperwork and stayed overnight, taking time off work. Our custody agreement states she lives with me, attends school in my town, and visits her father three... View More

answered on May 17, 2025
These are the types of issues that the court expects you to work out directly with the other parent. Legally you are supposed to follow the parenting plan. Both parents are expected to do what is best for the child. Speak with a local family lawyer for more specific advice.
I was involved in a car accident and am currently in a lawsuit related to it. I'm concerned about whether my lawsuit winnings can be used to cover my child support payments, as I have been ordered to pay child support but am behind on payments. Can my child support obligations affect the... View More

answered on May 14, 2025
Your settlement payment does not flow through the Child Support Depository in your county or in Tallahassee. Nowif there is any sort of lien on the settlement proceeds placed by the State or the other party, then yes, that lien would have to be satisfied before your settlement could be disbursed to... View More
If I move in with my girlfriend, will her alimony be affected given that she receives it for another 6 years, and we live in Florida? There are no known limits on cohabitation in her divorce decree, and we haven't consulted a legal professional regarding her alimony conditions.

answered on May 12, 2025
This is from Florida statute 61.14 (b)1. The court must reduce or terminate an award of support, maintenance, or alimony upon specific written findings by the court that a supportive relationship has existed between the obligee and a person who is not related to the obligee by consanguinity or... View More
I don’t believe she has restrictions in cohabitation and there is no financial benefit or support other than saving time logistically from driving back and forth to her house. She has not spoken to attorneys about this yet.

answered on May 12, 2025
Your girlfriend needs to carefully read her marital settlement agreement. The section on alimony (spousal support) should be specific about the conditions for modification. It is possible that entering into a "supportive relationship" could trigger a modification. Speak with a local... View More
My girlfriend was jailed for child support three days ago. She hasn't been assigned a bond or purge amount, nor has she had her first court appearance. Online records show she has no charges and no prior history connected to child support issues. Additionally, there are no previous court dates... View More

answered on May 14, 2025
It’s alarming and confusing when someone is jailed for child support and hasn’t had a court appearance or any clear explanation. If your girlfriend was arrested on a civil contempt order for unpaid child support, the system sometimes holds the person until a judge sets a purge amount—a... View More
I am filing for divorce pro se after 25 years of marriage in Florida. I've ensured my spouse receives 50% of all assets, half of my 401K, and the household savings. Despite this substantial asset division, my spouse, who has only worked part-time due to our arrangement, is seeking full-time... View More

answered on May 10, 2025
There is a difference between making an offer of settlement and filing pleadings. If it comes to filing pleadings then you don’t need to mention alimony at all. That burden is on your partner. Speak with a local family lawyer for more specific advice.
I want to know how I can obtain full parental rights and responsibilities for my baby, removing them from the father. He legally acknowledged the baby, is on the birth certificate, and filed for child support, but no hearing has been set, and he hasn't provided any support. He insists on a DNA... View More

answered on May 10, 2025
If you have filed in court for child support, he c could easily ask the court to order the test.
I filed for divorce in Florida three weeks ago, but my wife has not been served the papers yet. She is a resident of Florida but currently living in another state. Can she still file for divorce in Florida and have me served first?

answered on May 9, 2025
What you are describing is possible but ultimately the two cases will be consolidated. There is no legal advantage to filing first or second. Speak with a local family lawyer for more specific advice.
I am a US citizen living and working in Morocco, but I own a condo in Florida that serves as my permanent residence. Can I adopt an infant domestically in Florida despite not having official residency but spending the majority of the year outside the US?

answered on May 14, 2025
You're asking a very important question, and it's clear that your heart is in the right place. In Florida, adoption laws generally require that the adoptive parent be a resident of the state. Even though you own property there, residency is usually defined by where you physically live and... View More
I want to sign permission for my 13-year-old son to travel with his father, whom he lives with full-time, and his father's family on a cruise to Bermuda. I have visitation rights with my son, and the cruise company requires both parents' signatures for consent. Will I be held liable if my... View More

answered on May 8, 2025
If your son embarks on the cruise, I hope that he enjoys a safe and enjoyable trip with the family. From the standpoint of maritime law and cruise ship protocols, you or the child's father could be presented with certain waivers of liability to sign, depending on the cruise line. These could... View More
I have been served papers for a change in our parenting plan in Marion County. I have recently moved, but I continue to follow the current plan and spend time with my daughter. The mother has requested changes due to my move and other unspecified reasons. What should be my response to the requested... View More

answered on May 8, 2025
You should respond to the allegations with reasons why you oppose the changes requested. You are allowed to move so long as it does not disrupt the child's schedule or schooling. Your only legal obligation is to notify the other parent when you move of your new address. Speak with a local... View More
I’m currently in treatment for mental health issues and my soon to be ex husband is trying to divorce me. My mother passed June 1st and I had a manic episode that led to me being baker-acted. I am now stable and med compliant Dcf was involved at one point but the case was dropped. I brought up my... View More

answered on May 14, 2025
First, I want you to know that you’re not alone in this, and it’s okay to ask for help. You’ve been through a tremendous amount of pain—losing your mother, dealing with a mental health crisis, and facing a divorce. The fact that you’re stable now, following treatment, and speaking up says... View More
I am a married woman living in a condo in Daytona, FL, which my husband bought before our 1.33-year marriage; he is the sole owner on the deed. We have no prenups or postnups, and the condo is homesteaded with no liens. He wants to sell it to me, and I've been contributing to expenses.... View More

answered on May 6, 2025
To properly protect yourself you would also want a postnuptial agreement making it clear that the property moving forward would be your non-marital asset. Otherwise, if the two of you continue to live in the property together as time passes he may acquire an interest in the equity by virtue of the... View More
I have a 30-year-old daughter for whom I paid child support through the Florida Department of Revenue (FLDOR) income withholding order for 18 years until it was terminated on 9/4/2013. FLDOR confirmed that all obligations were met and no arrears were due after the child's emancipation.... View More

answered on May 5, 2025
Yes. Go down to the clerk's office with your documentation and speak to the deputy clerk.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.