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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law for Florida on
Q: Can I stop the sale of my grandparents home that was promised to me for 150,000. upon a verbal agreement with my family?

My granny just passed away and the land and home was deeded to my uncle, however on my granny's dying bed she verbally told my uncle to make sure I got the house if she passed. My uncle agreed with her and said he would. Then we made an agreement that I would buy the land and home for 150,000... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 21, 2024

Unless you have an agreement in writing in your favor then you really don’t have legal recourse. Texts and verbal statements are not good enough. If your uncle inherited the property then he controls what happens with it. Speak to a local probate attorney for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Court ordered scheduling. My ex is trying to take my regular time sharing. There's a court order for Christmas break

There is a court order stating I get extra overnights for winter break and there are dates to choose those nights from but if I do not agree on those nights I get 7 overnights from December 25-January 1st. My ex is suggesting this means I lost my regularly appointed court dates during the suggested... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 19, 2024

Unfortunately you either reach an agreement with the other parent about what the timesharing is or else you have to return to court. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law and Probate for Florida on
Q: How to address a will and trust made by a family member that used her parents to remove her other children?

My siblings and I believe our little sister fraudulently coherence our edlerly parents in changing their will from their original will. My father died in 2021 and my my mom died 2024. Both of them were in their 90’s when the will was changed and both not in good health. My siblings and I do not... View More

Anthony M. Avery
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answered on Dec 18, 2024

Hire a FL attorney to at least examine the proffered Will for proper execution and terms. Many computer wills are insufficient and rarely executed properly. If the document is not a proper will then someone needs to file a Will Contest, which is expensive.

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0 Answers | Asked in Family Law for Florida on
Q: Can a custodial parent relocate with a minor freely, without relocation by agreement or petition to relocate?

After a mother relocated to another state without any Relocation by agreement to define transportation arrangements to guarantee time-sharing due to a substantial and material change; or without a Petition to Relocate pleading any necessity, and refusing to cooperate and denying to send the child... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: 2 yrs ago my wife filled in NJ, we both now live in Florida-case still open. Is FL or NJ better for child support?

We filled for divorce 2 years ago in NJ. My wife moved to FL 1.5 years ago, although there is no written agreement to allow this. I now also live in FL. Do we have to move the case to FL? Is FL a better state for me from a child support perspective or is NJ?

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 17, 2024

If the child has been living in Florida for more than six months then NJ will probably not accept jurisdiction anymore, meaning that they may divorce you but they will not address children's issues because the child does not live there anymore. I cannot advise you on NJ child support law.... View More

1 Answer | Asked in Family Law and Adoption for Florida on
Q: Is there help for an adult who is looking to get a dna test done on their self?

I am looking to get a dna test done on myself and a possible sibling. I am 34 yrs old and was raised by a foster mother.

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 16, 2024

There are private businesses that do DNA testing as long as the participants are willing.

1 Answer | Asked in Family Law for Florida on
Q: As an effect of marriage, can both a husband and a wife make changes to their legal name?

The husband is a "Junior", and has gone through 74 years identifying as either "Jr." or "the second" (II). However, on his birth certificate, there is a typographical error in one of the letters in his middle name. (Specifically, an "x" is entered as the 4th... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 16, 2024

Yes, both spouses have the ability in the final judgment to change their name as long as it is not for any illegal purpose. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Insurance Defense for Florida on
Q: Court ordered medical insurance for a exspouse who is going on Medicare and did not choose a part C plan. Part A and B

Not an issue, but pharmacy insurance is being demanded as well. If she chose not to take an advantage plan which included pharmacy does the ex have to add this additional coverage and cost. The order States that each party is responsible for their own uninsured medical, dental, hospital, optical,... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 16, 2024

You need to follow the court order as you understand it. If it is ambiguous and there is a dispute then you have to go back to court. As long as you believe that you can justify your interpretation then do it and let the other party dispute it.

Speak with a local family lawyer for more...
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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Judge asked for an indexed trial exhibit notebook before my final divorce hearing, can this be a word doc with photos?

Can someone explain what this is and if I can't create a word doc, what format is the court looking for?

Thank you

Kay-Ann  Waite
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answered on Dec 10, 2024

When I have trial in orlando for any divorce or family law matter, I use a 3-ring binder and use a table of content and provide some of the following information based on the issues involved:

-Obtain a 3-ring binder: Include the case name, case number, and trial date on the cover and spine....
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1 Answer | Asked in Family Law, Child Custody, Public Benefits and Social Security for Florida on
Q: I'm homeless and want to get my kids back from my mom how do I do that?

I gave my mother temporary guardianship so they wouldn't end up in the state. Now my mother is not properly taking care of them but I'm homeless and have been trying to get a job what can I do legally to get help and get my kids back in my custody I don't want my kids suffering or... View More

James L. Arrasmith
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answered on Dec 11, 2024

I hear how much you care about your children and want to improve their situation. This is clearly a difficult and emotional challenge you're facing, but there are resources and steps you can take to work toward regaining custody.

Your first priority should be to secure stable housing...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I’m in a custody battle with my child’s father. I currently have a boyfriend and would like to move in with him

He owns his own home and is a business owner. He loves my child as it’s his own. I’m living in a house right now that was flooded during a hurricane and it’s a current construction zone. I’d love to move in with him so my child can be safe and have a family environment. Am I able too while... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 6, 2024

The court will always look at the best interests of the child. As long as you are doing what is best for your child (as opposed to what is best for you) then you should be alright. Just be prepared to explain the the court why you moved and how it was better for the child. Speak with a local family... View More

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Florida on
Q: What type of lawyer should I look for (real estate, probate, business, etc) to handle a promissory estoppel case?

It is between an individual and his mother regarding a promise she made to him (which was put in a trust). He put about $50,000 into the property that he was told would be his and then she changed her mind and changed her trust to eliminate him from the trust completely.

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 4, 2024

If the mother is alive then consult with a real estate attorney who litigates. If not, speak to a probate attorney.

0 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Under what circumstances can I fill out a DS-5525 form to obtain a passport for my minor child?

My child's father refuses to sign the paperwork so I can get a passport for our child. Our child is 9 and he's only met him twice. He hasn't seen or called in 4 years. He does pay child support because he is court ordered to do so, but we do not have any custody or visitation orders.... View More

1 Answer | Asked in Family Law for Florida on
Q: Hi, I am wondering how to receive legal aid for a family court case (mediation for scheduling and parenting plan)

The court case is in Palm Beach county but I reside in Port Saint Lucie

Linda Liang
Linda Liang
answered on Dec 2, 2024

For legal aid service, you can contact the Palm Beach County Lawyer Association.

1 Answer | Asked in Family Law and Business Law for Florida on
Q: Hello, I’m in Florida and have been on a family cell plan that i paid all of 2024 in advance to my mother. I use this

Phone and phone number for all of my business dealings and we got into a fight and she shut off my cell phone service. This is something that I’ve already paid for in advance and can damage my business and will force me to get a new phone number and change everything in relation to my business.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 22, 2024

Generally, you can sue anyone for anything; however, that does not mean that it is a wise decision. My best advice is to get a new phone number and/or see if you can transfer the phone number. You need to disengage with someone who can affect your business like this. Speak with a local lawyer for... View More

3 Answers | Asked in Estate Planning and Family Law for Florida on
Q: i added my son to my home deed about 10 years ago

i would like to remove him ...can it be done?

Nina Whitehurst
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answered on Nov 22, 2024

Removing him from the deed will require his signatures. This is exactly why I advise my clients never to “add” children to their deeds. This is a classic do-it-yourself estate planning mistake that might conceivably cost you way more than you would have spent on proper estate planning. If your... View More

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: With Florida statute 61.1255 codifying adult disabled child support, would this be family law of guardianship?

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

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Divorce and Family Law for Florida on
Q: If I open a business w/o my wife's assistance, is she entitled to ownership in a divorce?

My salary is $110k. Hers is $135k. We have three kids.

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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