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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law and Libel & Slander for Florida on
Q: How can I have a dismissed civil record removed?

My mentally ill sister tried to have me killed. When that failed, she tried both filing a false police report and then a restraining order. Since the claims were baseless, nothing happened of course and everything was dismissed. Yet my otherwise perfect, immaculate, spotless record for my entire... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 25, 2024

When you say she tried to kill you, did you suffer any injuries ? If you did, you should reach out to one of us for possible contingency fee representation which means you don’t pay unless you win.

0 Answers | Asked in Family Law for Florida on
Q: I need a lawyer due to my son's father wanting to get my son's college money, it was a repayment of child support.

I had a mediation with my son's father in 2005. Due to late child support his father had to finish paying the 4 year university pre-pay college and a 2 year room and board. He already withdraw the room and board. The judge ordered me to be the co-owner but because I did not have a... View More

1 Answer | Asked in Family Law for Florida on
Q: My daughter passed away last September and I am the caregiver however the father has recently been released from prison

and he wants weekend visiting but he is a stranger to my youngest granddaughter he spent most of her life denying he was her father. My oldest granddaughter is 9 and remember him choking her momma and all the fighting. We have taken them to have an assessment with a therapist and they are on a... View More

Rand Scott Lieber
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answered on May 23, 2024

You need to seek guidance from the court. Is there a court order that makes you the caregiver? Is there a court order that defines the father's rights? If not then you need to get one. You will not be able to exclude the father from the children's life but the court will make sure that... View More

0 Answers | Asked in Family Law for Florida on
Q: If I have a durable power of attorny. Can I sign a quitdeed on her behalf. My daughter is handicap and would go to mom

My wife and daughter and I made a deal that if I let her move in with her friends and gave her access to her ssi money (for witch I and my wife would control) and payed all expenses for her dog I have She would sign over the half of house in her name to my wife. We all agreed on it. So I let her... View More

0 Answers | Asked in Family Law for Florida on
Q: What form is filed with the court, by the ward, in order to terminate a voluntary guardianship?

My 21 y/o is the ward and I am the guardian in a voluntary guardianship. He wants to terminate the guardianship and I am totally in agreement. Florida Statue 744.341(5) says (5) A voluntary guardianship may be terminated by the ward by filing a notice with the court that the voluntary... View More

0 Answers | Asked in Family Law for Florida on
Q: Can a trustee distribute the funds with the consent of all the beneficiaries if it veers from the original trust?

original distribution to beneficiaries was over the age of 40 ..can they be distributed sooner if all agree?

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Divorced in Florida in 2008. In the division of assets list for a 401k never transferred

In the division of assets, a 401k from a former job of mine (company X) is written up as: ex wife has a Company X retirement account titled in her sole and separate name and that this account shall remain hers free from claims by husband. The decree also states that any retirement accounts not... View More

Rand Scott Lieber
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answered on May 18, 2024

What was the original intention? If it was for you to keep it then keep it. Let her go to court if she wants and argue that there was a mistake. Clearly there is a conflict because it says that titled in your name is yours. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Florida on
Q: How likely is it my kids would be taken if the abuse in the home was reported?

I live in an abusive home. I moved in with my grandparents in 2018 at the push of my grandmother. My grandmother adopted my sister for the money she gets, she tells she is going to leave her with me because she didn't sign up for the responsibility only the money. She calls her names, is... View More

Michael Ferrin
Michael Ferrin
answered on May 18, 2024

It sounds like you need to try and move out of the home and get away from the toxic environment. If you believe that a child is being abused, abandoned, or neglected, you should contact the department of children and families.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Florida on
Q: How likely is it my kids would be taken if this was reported?

I live in an abusive home. I moved in with my grandparents in 2018 at the push of my grandmother. My grandmother adopted my sister for the money she gets, she tells she is going to leave her with me because she didn't sign up for the responsibility only the money. She calls her names, is... View More

Veronica LaVerne Robinson
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answered on May 16, 2024

It is unlikely that your children will be taken away from you simply because you have a condition which requires you to take medication. Many people in society have bouts of anxiety and depression and society, including family court, understands and does not condemn people who are going through... View More

2 Answers | Asked in Family Law for Florida on
Q: I have to fill out financial affidavit. I’m currently unemployed but I do hair at home would I list as self employment?

I do hair on and off at home would I list down as self employment but also submit a letter explaining unemployment?

Rand Scott Lieber
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answered on May 16, 2024

Yes. Just be honest. You create issues by hiding things or telling half truths. Legally you are going to be imputed minimum wage. You cannot hurt yourself by being honest. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Who calculates the percentage to split a 401k for a QDRO

My husband was divorced 17 years ago and in the divorce decree they were to equally split the marital portion of his 401k through a QDRO. He has contacted his plan administrator and received their QDRO form and it looks self explanatory. My question is does he calculate the percentage to file... View More

Rand Scott Lieber
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answered on May 16, 2024

That calculation should be a part of the order. Normally a QDRO has a specific dollar amount or a percentage and the dates that apply. The financial institution simply does what the order says. They have no discretion. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: I’m unemployed & I have to fill out financial affidavit. There’s a space to fill unemployment but how type or write?

I’m self representing . There’s a space to fill out unemployment but it ask to explain a separate sheet . Should this explanation be explained by writing it or typing ?

Rand Scott Lieber
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answered on May 15, 2024

It just needs to be legible. You are overthinking this. Just fill out the affidavit as best you can and be honest.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: I’m currently unemployed and I have to upload a financial affidavit before court date . How would I fill it out?
Rand Scott Lieber
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answered on May 15, 2024

There is space to indicate that you are unemployed. On the affidavit or in court you will be asked what efforts you are making to find a job. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Civil Rights, Divorce and Family Law for Florida on
Q: Can I proceed with legal action against my former spouse for accepting a QDRO overpayment from a pension plan?

I would like to seek legal action for the purpose of reimbursement of an overpayment related to QRDO order.

Rand Scott Lieber
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answered on May 15, 2024

You need to determine the reason for the overpayment. If the pension plan did not follow the order correctly then you may have to pursue legal action against them. If the order was followed properly then you can return to family court and try to recover the overpayment. You will need to explain how... View More

0 Answers | Asked in Family Law for Florida on
Q: Can a school police tell my child he will go to the hospital for three days and can't see his parents?

After not investigating what happened first completely.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: If I have shared parental responsibility with father in another state can he take her out of state without my permission
Rand Scott Lieber
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answered on May 14, 2024

In Florida, shared parental responsibility means discussing major decisions like health and education. If you have a parenting plan there is a separate section that addresses traveling. Generally, as long as it is his timesharing and he has informed you about the travel he should be able to go.... View More

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0 Answers | Asked in Family Law and Domestic Violence for Florida on
Q: How to get my name off a public record or get the public record entry removed?

I was the victim of swatting and a false police report back in 2021. The person responsible tried to kill me and it almost worked. Person responsible is a convicted felon and has mental illness. When the army of law enforcement arrived and investigated, they figured out what was going on, told me... View More

1 Answer | Asked in Family Law for Florida on
Q: My son's dad's girlfriend has been messaging me and I've asked her to stop. Can i file an injunction?

My son's dad and I are only to communicate via the talking parents app. He is in jail for violating his probation and was found guilty. Prior to this he had supervised visits with my son, but brought meth and was kicked out. He was arrested from the center. His gf was messaging me on facebook... View More

Rand Scott Lieber
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answered on May 10, 2024

At the very least you can return to family court to address the issue. I cannot tell based on your question if the messages rise to the level of a civil injunction. Take the messages and speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I need to file a relocation for my minor child more than 50 miles.

This is due to the cost of living and child care in my area. I am selling my home and relocating to a more affordable town which would but me 60 miles away from the other parent.

Rand Scott Lieber
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answered on May 9, 2024

I am assuming that you already have a parenting plan with the other parent. You will need to either get the other parent to agree or else file a supplemental petition with the court. This can be a costly legal fight so understand that going in. You will need to prove that the move is best for the... View More

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