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Florida Family Law Questions & Answers
3 Answers | Asked in Divorce and Family Law for Florida on
Q: Spouse filed and served a petition for Annulment of marriage. I have received papers. He has passed before my response.

What do I do? Do I still have to respond, and file with the court house? There is no more marriage to annul, though it is a summons.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 12, 2022

Once a party to a divorce that is pending passes away the family court loses jurisdiction meaning the case is over. You do not need to do anything, although you may want to notify the court of the death. Speak with a local family lawyer for more specific advice.

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0 Answers | Asked in Criminal Law, Family Law, Child Custody and Federal Crimes for Florida on
Q: My child was kidnapped from me from paternal grandma, told me it was for summer vacation. She was granted temp. HELPPPP!

My daughter Sophia was picked up by paternal Grandmother April 20 2022. She was supposed to be returned to me in Aug 22. Grandma lied in court and was granted temporary custody without my knowledge. I was NOT SERVED on this matter. At the time, I was temporarily living in Missouri waiting to move... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My mother threw me out of the house and won't sign emancipation papers. Is there a way to do it without her signature?
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Nov 9, 2022

Florida law doesn't allow emancipation without the permission of a parent or guardian. You have the option to get a court-ordered emancipation as long as you can provide proof that you can provide for yourself.

1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: Is a registered sex offender allowed to live on the same property with young children he is related to?
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Nov 9, 2022

Sexual predators and offenders are not permitted to live within 1,000 feet of a school, child care facility, park, or playground. If you live outside of the 1,000-foot radius, you should notify the Sheriff's Department. Refer to your local county ordinances regarding restrictions on sex... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Is it legal for my wife to be charged $11k to cancel legal services so she can cancel her divorce filing?

We reconciled before the lawyer filed. She asked the lawyer to cancel the, but he filed anyhow. Now we're being told to allow the hearing to take place on the 7th of February or he will charge her an additional $11k following the $2800 filing fee. Is this legal, we just want to cancel the... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 3, 2022

You need to carefully read the retainer agreement that she signed. It should address what is owed and what the refund policy is. What you are describing does not sound right as it would be unethical to charge such a large sum for no work done. Speak with a local family lawyer for more specific... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: If someone has warrant for a family court case and they attend a hearing for a criminal case . Will they get arrested
Rand Scott Lieber
Rand Scott Lieber
answered on Nov 3, 2022

If you have an active warrant you can be arrested anywhere, including another court hearing.

1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: Any laws prohibiting what can be expensed/excluded from selfempincome in Fl in regards to income calc. for child support

My ex is a realtor so he can expense everything and reduce his income to almost nothing to avoid paying child support. Any laws to prevent this? What business expenses are allowable? Is gross income not used to calculate child support in this case?

Michael Ferrin
Michael Ferrin
answered on Nov 3, 2022

You may want to consider hiring an accountant to go through his personal and business financials to determine what expenses are personal or inflated. The short answer is that any expenses that are personal in nature you should have a good argument to have them included in his income for purposes of... Read more »

2 Answers | Asked in Family Law for Florida on
Q: My family law attorney filed a motion to withdraw and listed my address incorrectly. What do I do now?

Divorce filing 03/2021. Opposition (wife and counsel) very aggressive (false accusations, filing motions). My quite expensive counsel was neglectful, charitably. Trial set for 12/2022, but I would like to avoid. Temporary time-sharing agreement in place. Wife refuses equitable time-sharing and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2022

First, make sure your attorney has your current address. The fact that it was sent to the wrong address doesn't really matter; you did find out about it. Then, reply to the motion (essentially a letter to the judge; be sure to copy it to your present attorney and include proof that you do... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: What rights does a grandmother have to her grandchild in Florida if her son- father of the child was killed?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 31, 2022

Assuming that the mother of the grandchild has custody, grandmother doesn't have any right regarding the grandchild.

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2 Answers | Asked in Family Law for Florida on
Q: What rights does a grandmother have to her grandchild in Florida if her son- father of the child was killed?
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 3, 2022

A grandmother can always petition the court for custody or visitation rights of a grandchild, as an “interested party”. If your son was killed on the premises that lacked security, then you could bring a lawsuit as a guardian ad litem for the child to sue for the wrongful death of his father.

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1 Answer | Asked in Family Law for Florida on
Q: I have a brief question. What is the law in Florida if I was to leave my child at home alone for 2 hours
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 31, 2022

It depends on factors you have not given in your hypothetical question. How old is the child? Obviously, there is a difference between a scenario in which the child is 1 month old and a scenario in which the child is 17 years old.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Hello i signed a notarized paper only to give guardianship of my child no court involved can I grab my child when ready
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 28, 2022

If no court was involved, the "notarized paper" you signed probably only gives the so-called guardian the right to take care of the child as long as you agree. It would be revokable, in other words. If that is the case, you could resume physical custody whenever you want.

1 Answer | Asked in Family Law for Florida on
Q: I gave my sons grandmother temporary guardianship and I would like to revoke it.
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Oct 28, 2022

You do not need to do anything formal to revoke Temporary Custody granted under Chapter 751 of the Florida Code if it was "concurrent". You can simply make a request in writing. If it was "not concurrent", you must file a Motion to Reopen the Case in order for the court to... Read more »

1 Answer | Asked in Family Law and Divorce for Florida on
Q: How can I get my personal belongings back from my husband?

My husband and I agreed to separate. We are still married. I took what few personal belongings I could, and he agreed that I could come back for the rest of my belongings when I was able to get a moving truck. This was supposed to be immediate, but every time I was able to come get it, he'd... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 25, 2022

It sounds like you need to go to court. You say that the two of you have agreed to divorce. You are going to need to file a divorce with the court. At that point you can ask the court for help with getting your personal items returned. Your other non-court option would be to contact the police and... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Wanting to ask if you're close to the ending of a family court case, all needs to be done is the proposal and

Child support agreement.The mother lawyers are being rude, won't answer any questions due to the missing of one payment the price is ridiculous so I am wanting to ask if i we can continue the case with out the lawyer they have already because they put into withdraw. Would the mother be able to... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 25, 2022

No person is required to have a lawyer to pursue a divorce case. The question that you have asked is very broad. My recommendation is to speak with a local family lawyer for more specific advice. Look for someone with a free consultation.

1 Answer | Asked in Divorce, Contracts and Family Law for Florida on
Q: Statute of limitations on a car that was never repossessed. Ex husband was ordered in divorce to payoff and sign to me

Recently found out he stopped paying on it several years ago and that repo was looking for it then. My question is what shall I do about this situation. I did contact finance company when I found out and the person was not very informative but casually said someone will come get it next week. That... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2022

You have raised two separate legal issues. Regarding the divorce agreement, you can return to family court and pursue your ex for the value of the car that was never paid off. Regarding the repo, that is an issue between the finance company and whoever's name is on the finance documents. If... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: If life insurance was a part of your divorce and your ex souse dies can a fiduciary change the beneficiary?

No modifications of the divorce what so ever were ever put through to the court.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2022

Life insurance is a contract with the life insurance company. From the divorce case you need to read your final order or agreement carefully to see what the requirements were. If the spouse has already passed away then the life insurance company will do whatever the contract said. Beneficiaries... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can you be served notice of hearing for restraining order from a different state via text message or email?

My husband served me with divorce papers last Monday. He lives in Washington State and i have moved here in Florida a week and a half ago. I just received a text message informing me that a restraining order will be heard against me via Zoom tomorrow.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 21, 2022

You would have to look at the rules from the other state. In Florida, personal service is required, meaning a person hands you the papers. You may want to consult with a Washington attorney about this issue.

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