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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law and Business Law for Florida on
Q: Adopted son of Deceased heiress had his birthright taken and sold by older executor sibling..... While at war in Vietnam

He was under 21. Any hope of reinstating his adopted birthright?(Kellogg)

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 5, 2020

Assuming this happened during the war in Vietnam, no; the statute of limitations would have tolled any claim he may have had, decades ago. And what do you mean "birthright" should he have inherited something from the "deceased heiress"?

1 Answer | Asked in Family Law for Florida on
Q: This question is for FL Family Lawyer. If I have school designation, do I need my co-parent’s approval b4 registering

I would like to know if my co-parent need to agree to the school that’s in my district if we have a court order which states that I have school designation as long as it’s an A school in my current district, the school is both, but my co-parent wants to take me to court bc he doesn’t agree.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

Obey the Final Order entered in your divorce.

1 Answer | Asked in Family Law for Florida on
Q: How many days to respond to the Financial Form Affidavit, child support etc if served with petition for divorce in FL?

How many days to respond to the Financial Form Affidavit, child support etc if served with petition for divorce in FL? I know that it is 20 days to respond to petition but is it the same for the Financial Affidavit, Child Support Worksheet and Parenting Plan if served with the Petition? I am pro se... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

If you want this lawsuit over then file an answer in the court and serve the financial affIdavit with the service copy of the Complaint. Do not send a copy to the Court.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Do you lose your weekend if its your holiday?

I had my children last weekend, and my ex is suppose to have my children this weekend (the 4th of july weekend). July 4th is HIS holiday and it just so happens to land on HIS weekend which is convenient for him. He usually gets the kids on his weekends at 5pm Friday until Tuesday morning at 730am.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 3, 2020

If the custody order is not clear on the subject, you need to seek clarification from the judge.

1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: My 17 year old daughter has moved out and I want to give legal consent to the grandfather for where she is staying.

She is on probation and has been leaving the home to go to the home of where this grandfather is the adult. Her probation officer said it was fine for her to move in there. We have already called a family lawyer to find out we can’t file for emancipation, because she is three months from her 18th... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 3, 2020

You might want to get the probation officer to sign something.

1 Answer | Asked in Family Law for Florida on
Q: Im trying to get in-state tuition for Florida. The problem is I’m not a Florida resident. My dad is though.

He doesn’t want to give me the documents proving he’s a Florida resident because he always wanted to complicate my life. Plus he never paid child support. Is there something I can do to get my right of in-state tuition?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 2, 2020

Yes, you can do what all other out-of-state students usually do: Wait until you satisfy the rules for in-state tuition.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can my friend send his baby momma to court if she doesn’t do a dna test?

He claims that his baby momma will not give him a dna test to see if that’s actually his kid. She even moved out of the state in seeing if he would follow her but he can’t. Yet when the baby was born she put his last name on the birth certificate without his consent. He has asked multiple times... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 30, 2020

There is really nothing he can do unless he wants to sue for visitation or custody. He would have to sue in the state where the child was born.

The mother doesn't need his consent to give his last name to the child. Presumably the birth certificate doesn't name him as the father.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Paternity for a child I can't find?

My wife & I were in a poly amorous relationship with a woman who disappeared to TN & has very recently had a baby whom she says is mine. She is adamant she does not want me involved in any way & I have serious doubts but need to establish whether this child is actually mine. She has... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 30, 2020

Contact an attorney in Tennessee.

1 Answer | Asked in Family Law for Florida on
Q: Father wants full weekend for 4th of july however the segment 4 of the parenting plan states one night per week

His usual night is friday to saturday however holiday time states 11 to 11 next day is it ok to go along with the segment 4 one night per week and give him his holiday time and not the full weekend?

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Jun 30, 2020

Holiday timesharing is in addition to regular timesharing, not a replacement. So if his regular overnight is from Friday to Saturday and the parenting plan says that 4th of July is from the 4th at 11am to the 5th at 11am, then he is entitled to both days.

Good luck!

1 Answer | Asked in Family Law for Florida on
Q: My son was in prison when his son was born. The mom is avoiding him and we don’t know what to do to file for paternity.

We do not have her address and the courthouse said they can’t file the paperwork without it. I feel like this is gonna be a very messy battle. How can I get the address and do you think He’ll need a lawyer to get visitation?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 30, 2020

Yes, he will need a lawyer. The attorney should be able to figure out how to serve her with process. But I doubt that he will be awarded visitation until he is out of prison.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Family Law for Florida on
Q: My hubby everything under LLC and partnership . We are marriage 9 years no marital contract.i stay home with our son 8YR

My hubby everything under LLC and partnership . I never had joint account . We are 9 years marriage. He just sold Marina Profit 500k, By the end of July about to sell His RV campground 9.7M ( will profit 4-5M for sure ) “LLC SHADY GATOR”. recently Got my citizenships. I m stay home mommy (8... Read more »

Linda Liang
Linda Liang answered on Jun 29, 2020

This is complicated. Are you contemplating divorce?

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: I separated 1year ago while living in FL, she lives in PR with my daughter can I get divorced here in Florida?

We got married in PR 7 years ago, while I was there we took the paperwork to Pr court to get a divorce but when they call me back to be present I was working here in Fl and wasn't able to go back at that time, case was annulled. I resident here at Florida now for 1 year and want to filed the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 27, 2020

Yes, if the Puerto Rico divorce didn't result in a final judgment and was dismissed instead, you can file for divorce here in Florida. It may well be possible to do it without your wife being physically present.

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for Florida on
Q: Pregnant minor

What can you legally do when a 17 year old teen gets pregnant and runs away to boyfriends house?

Charles M.  Baron
Charles M. Baron answered on Jun 27, 2020

Are you referring to your daughter, who is unmarried and has run away to stay at another home for more than 24 hours? If so, you may call the police, as the parties sheltering your daughter without your consent are breaking the law (Fla. Statutes Section 985.731), and/or you may call the following... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My husband and I are getting a divorce can I go retrieve a car that is only in his name we've been married 14 years

I live in Florida my husband and I are still legally married he abandoned me I have rh3 key to the car and I know where it is

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 24, 2020

You should probably get a court order allowing you to do that first. And the divorce decree should recite that the car is yours.

1 Answer | Asked in Family Law for Florida on
Q: Clarification of Florida Mandatory Disclosure requirement.

All personal (1040) federal and state income tax returns, gift tax returns, and intangible personal property tax returns for the preceding 3 years. Does this mean 3 years of documents for each requested document or only for the personal property tax returns?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 23, 2020

The language is very clear: The opening word "All" applies equally to each of the three listed categories of documents following the word. The fact that there is a connector word ("and") appearing between the last two categories should make it even more clear. Send them copies... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I’m confused my ex pays child support for our daughter but then I want to know if the medical bills are separate?

For an example if I have like a six or $700 bill for my daughter from her doctor do me and him have to pay half of that or does it come out of the child support that he gives me for our child like it’s so confusing I know he pays child support for our daughter I just want to know if we get like a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 20, 2020

Who is liable for medical bills--or any other unexpected expenses--should be explained in the divorce papers or the child support agreement you signed.

1 Answer | Asked in Family Law for Florida on
Q: 1977 Disolution of Marriage Richland County Ohio. Ex husband owed $15000 when family owned business sold. If not sold

Within 8 years $15000 still owed. Never received. Can this still be collected reconsidering date of agreement 1977?.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 16, 2020

With a few more crucial facts--like the exact date of the Final Order imposing the $15,000 debt and the exact date the family owned business was sold this very old debt might still be collectible in Florida. However, it will require some very creative lawyering not often seen in and around Family... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can a father lose his rights to children after 60 days of complete failure to co-parent?

His license has been suspended since March for non-payment of support. Now, I have learned that the people living in his home are a drug dealer, a crack addict, and several drifters in and out. It's a 4-bedroom trailer, all rooms taken, so my boys have to sleep on the couch surrounded by weird... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 11, 2020

There is no magic moment when a parent can have their parental rights taken away; and there is no way to do that without the parent being involved and making conscious decisions--which seem unlikely here. However, if you are truly worried about the health, safety and/or welfare of your children you... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What to do if the other woman in your husband's life is manipulating the system to take your family away.

The other woman in my friend's marriage keeps reporting her to child services for nothing. She's hacked my friend's computer, created false profiles to make it look like my friend harasses her and even lied in court. She is unfortunately a master manipulator and thus far the courts... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

While I completely understand this heart-breaking situation I must advise you of two iron-clad rules all Florida lawyers MUST obey:

(1) We CANNOT represent any adult through any other adult; we can only work with the actual person who has the problem; and

(2) we CANNOT get...
Read more »

2 Answers | Asked in Family Law for Florida on
Q: If my sister moved to Florida would the father then be required to pay child support for his adult dependent child?

My sister is divorced and has sole custody of their son in NY.

The son recently turned 21 he is autistic and cannot live independently. His mother has sole guardianship and his father lives in Florida but has paid child support since the divorce. The father stopped financial support when... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 7, 2020

This should be posted in the Florida section as it is a Florida question.

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