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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law for Florida on
Q: my wife entered her former married name instead of her maiden name on our marriage license is our marriage invalid.

We are married in the state of Florida.

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

As long as your marriage license was executed by an appropriate official you are legally married. Speak with a local family lawyer for more specific advice.

0 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Florida on
Q: do I have to schedule a hearing after I file a motion to show that the state attorney took longer then what the judge ga

longer then what the judge gave them to proceed forthwith with criminal charges on violations of a domestic violence injunction case ?

and do I have to notify the other party in the injunction case of the hearing even if the violations are filed separately in another case. by themselves

0 Answers | Asked in Family Law for Florida on
Q: My child is failing school. He doesn't want to come home and doesn't want to listen. He is 16 years old. I need help

I don't want to be legally responsible for a child that doesn't want to listen and wants to do whatever he wants to do. I don't want to get in trouble for negative actions he is taking with school or anything else.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: It appears my daughter in law is going to file for divorce. My son has not been served yet. She withdrew her paycheck

from a joint account that their mortgage is taken out of each month, therefore making my son pay the mortgage. Is this legal? What can my son do? He alone does not make enough money for ALL expenses, and there are 3 children involved.

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

Generally when a divorce is filed both parties are expected to maintain the financial status quo. That means that each party is expected to continue to pay the expenses that they traditionally paid. Until your son is in court for a divorce action he really does not have any recourse. Speak with a... View More

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2 Answers | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: Can I be charged with a crime I didn't commit based on hearsay?

I currently live in Hillsborough county Florida and my soon to be ex-husband and his Friend accuse me of having a weapon (knife) . I haven't been officially charged assault w/ deadly weapon. But the only thing is my husband (person that said I committed the crime) a couple of months ago went... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 30, 2024

Hearsay is a statement made about what someone said to a testifying witness. If your husband were to tell the court that although he was blind, you told him you had a knife and that you were going to attack him with it, there is an exception to the hearsay rule because it would be something you... View More

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0 Answers | Asked in Family Law for Florida on
Q: how can a person file for a delayed birth certificate if they lack identifying records and both parents are deceased?

the person is over 21 and the siblings of their parents are alive. They do not have sufficient evidence to successfully request a records search as their last attempt was sent back with a list of acceptable documents that they can not acquire.

3 Answers | Asked in Bankruptcy, Family Law and Child Support for Florida on
Q: Filing for bankruptcy. Does it matter if you do that before or after child support is in place?
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024

Probably not but check with your family law lawyer and a local bankruptcy attorney. Most offer free consultations.

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0 Answers | Asked in Family Law, Adoption and Juvenile Law for Florida on
Q: Ad notes section DP case, great aunt to be provided home study with adoption plan by case management within 10 days?

Was written in on judicial review in dependency case, does that mean, case management was to provide caregiver with a home study to prevent permanent removal of child. It also states adoption case plan to be provided by case management as well. If yes that's what it means, what happens when... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What do you do when an absent parent, who has been absent the childs whole life starts calling & requesting a call back?

Child is 9. Father lives out of state & has not been involved since birth. He is on birth certificate & is court ordered to pay child support from other state. He was told that anything to do with custody or visitation would be FL courts. He never filed for anything. He's accused me of... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2024

It sounds legally like you are in control. Offer him the terms that you want and if he does not like it then he can go to court. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: How can I protect myself if my opposing party IS city hall?…and friends…?…and family members…?

myself and safely get my children returned to my custody after 3 years of a battle against the court employees and authorities, who ARE running this town, my childrens cases, no due process exists and judges simply don't respond to emergencies modification custody? Not even a personal letter... View More

Kay-Ann  Waite
Kay-Ann Waite pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2024

Based on the allegations, it would be in the best interest of the child(ren) that you request the Court to appoint a Guardians ad Litem (GAL) to advocate for the minor child(ren). The Guardians ad Litem will have the ability to review all the evidence and prepare a report and send to the Judge... View More

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1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Florida on
Q: Please I need to legal advise for my family.

I live in Florida, I have a family consist of 6 members my wife and I with daughters 19 y and 14y and sons 18 year 16y, I would like to sell my home and move outside the country for one year because I have work in my an original country .

my wife and son want not to move with me and I can... View More

James L. Arrasmith
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answered on Oct 13, 2024

Hello Fathi,

I'm sorry to hear about the challenges you're facing with your family situation. Moving abroad while ensuring your family's well-being is a significant decision that requires careful consideration. It's important to have open and honest conversations with...
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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Divorce q - Are all investments owned prior to marriage but since sold then re-invested considered marital assets?

I have been married for 7 years and likely filing for divorce. We have a 3 year old. My wife has not worked during this entire time. I handle all finances, though we keep separate accounts. I owned significant financial assets prior to the marriage (retired shortly prior) and have since actively... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 9, 2024

The starting point for equitable distribution is 50/50. However, if you are able to establish the value of the assets on the date of marriage then you can argue that the premarital value should be subtracted off and that only the increase from the date of marriage forward should be divided 50/50.... View More

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1 Answer | Asked in Family Law and Legal Malpractice for Florida on
Q: How can I get my money from the clerk of courts

I had a bad divorce a few years back I'm still fighting and we had to sell the house and the proceeds were going to pay off the debt that was in our names her attorneys is appointed the money Long story short he was ordered by the judge to return all the money to the clerk of Court and now I... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 4, 2024

You need to file a motion with the Court asking for an order directing the clerk to pay you the money. Are you certain the money was deposited?

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What does it mean when the other parties lawyer is asking me the below.

My Son’s father has filed a motion for leave of court to amend his petition for modification and enforcement of the parenting plan and for other relief. His lawyer emailed me “Do you agree to submitting an Agreed Order on the motion to amend the petition. Which must be determined before a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 4, 2024

It looks like, for some reason, the petition has to be amended before the parenting plan can be modified. If you don't understand, ask the lawyer?

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1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Florida on
Q: First of all my soon to be ex wife filed for child support in Santa Rosa county on 2-17-2023 then turned around and file

Filed a domestic violence injunction in Pinellas county on 2-22-2023 ( she don't live in Santa Rosa county neither do I ever. Then on 12-07-2023 filed for divorce in pinellas county, the day after I filed my answer to the divorce she filed violations of the injunction she says happened feb 3 ,... View More

Garrick Neal Fox
Garrick Neal Fox
answered on Oct 2, 2024

Sounds like you have a mess on your hands. You need a very good divorce attorney to sort this out. If there is a warrant for your arrest, that needs to be cleared first.

1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: If a personal representative in Florida misappropriated funds/commits fraud against disabled beneficiary

We're removing PR and resending Letters of Administration due violations under 733.609. Beneficiaries are close blood related. One is permanently disabled. Is there a criminal code for defrauding - intentionally & knowingly, a disabled adult. Under 733.609 PR has violated every aspect of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 1, 2024

The PR is required to be represented by an attorney if there is more than one beneficiary to a Will. Since there are more than one beneficiary, the PR is required to have an attorney. First, why have not mentioned what conversations you've had with the PR's attorney? Second, chapter 733... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My estranged husband has been sending harassing messages.

I've been separated from my estranged husband since December 2023. I tried to get the divorce earlier in 2024 but he refused to sign the paperwork out of spite; I paid for everything and only wanted his signature. He is an angry, abusive, and hateful alcoholic. After receiving harassing and... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 30, 2024

If you have filed for divorce then you have been assigned a judge. Schedule a hearing with the judge and explain what is happening. You may need to file a motion. It can be handwritten explaining why you want the hearing. Judges have a judicial assistant who you may be able to call on the phone for... View More

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I have a closed child support case in Santa Rosa county fl and I filed a motion for change of venue and transfer of cour

Court file ( about 2 weeks ago) wanting to transfer my child support case in Santa Rosa to Pinellas county fl where my soon to be ex wife filed our divorce case after Santa Rosa county charged me with contempt of court for not paying child support even though child support says I'm current... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 30, 2024

You need to request a hearing in the court where you have asked for the transfer. They should either grant the transfer or deny it and explain why. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can my soon to be ex-wife get child support in a county neither one of us ever lived in and still don't live in and have

a on going divorce case in a total different county?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 27, 2024

No, child support should typically be filed and handled in the jurisdiction where the child resides or where the ongoing divorce case is already being handled. If your divorce case is ongoing in a different county, it's likely that the same county would handle matters related to child support.... View More

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