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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How can I change child Custody agreement if there was no Substantial change since it was approved?

Agreement states I see my kids every other weekend, i requested my ex for more time, she refused. My kids requested to spend more time with me, their mom refused. They dont want to go back to their mom after their visit, they feel overly stressed and distraught. A Lawyer i spoke to said there is... Read more »

Linda Liang
Linda Liang answered on Oct 18, 2021

Mental abuse can be qualified as substantial change. The key is that you need to have evidence. Once you do, find an attorney.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Are there any resources available for someone who can't afford to pay for a PI to serve a parent with contempt paperwork

My son has been told he needs to hire a PI to find his daughter's mom in order to serve her with contempt paperwork. She has kept him from having any contact with his daughter for over 1 year even though there is a parenting agreement in place. The courts have told him he needs to hire a PI... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 13, 2021

Has he tried one of the many online "find a person" resources?

1 Answer | Asked in Family Law for Florida on
Q: Can you help with a mom keeping her daughter from any contact with her dad even though there is a parenting agreement?

My son lives in Michigan and the last he knew his daughter & her mom live in Tampa. The mom has not allowed any kind of contact with the daughter for over a year. He has requested wellness checks but she isn't at any of the addresses he knew about & has filed for contempt but... Read more »

Laura E. Kenney
Laura E. Kenney answered on Oct 13, 2021

In order to properly serve the Mother, it will be necessary to hire a PI or process server company to do so.

3 Answers | Asked in Civil Litigation and Family Law for Florida on
Q: Do I have to sign over 50% of my business to my soon to be ex husband?

He is trying to force me to sign over half of the business or he will keep our son from me until we go to court.

Jane Kim
Jane Kim answered on Oct 12, 2021

You need to consult with a divorce lawyer in your area. Nobody can "force" you to do anything, it is called coercion and is illegal. Both of you have to come to an agreement on how to divide the assets and liabilities of the business, if that's what you'd like, and then follow... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: My son went to visit with his father in Flordia.last summer supposed to be back before school.Father overdosed on drugs

He told them I had them i had abdomen my son .He was going to placed in foster care.,but fortunately his fathers girlfriend mom got temp.guardianship.This lasted until December..via telephone.she never once received any paper work any legal documentation of this.Court was dismissed on her... Read more »

Linda Liang
Linda Liang answered on Oct 12, 2021

What is your question?

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Adoption for Florida on
Q: I was adopted by my grandparents my blood mother was always in the picture she died unexpectedly mo will am I entitled
Phillip William Gunthert
Phillip William Gunthert answered on Oct 11, 2021

I am sorry for your loss on the passing of your mom, please accept my condolences. The answer to your questions is generally yes if you were named in a Will or Trust or if the estate was intestate (without a Will) then you can reference Florida Statute 732.108 (c) Adoption of a child by a close... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Can I get emergency guardianship over my husband who has Huntington’s disease?

The disease destroys brain cells and causes mental and psychological and behavior problems. I had to leave him at one point for more than a year and when I came back the house and finances were wrecked. He would have lost his house if he hadn’t refinanced. He let’s me handle the finances now... Read more »

Linda Liang
Linda Liang answered on Oct 10, 2021

You can if the court says so. You should go to the court to try to obtain guardianship.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Is an 11 yr old who lives in Fl able to decide to see her dad when her mom won't allow it & refuses to work out custody

The mother doesn't allow any contact and there is absolutely no custody arrangements, however the daughter and father found each other via snapchat and have been carefully communicating because he is afraid the mother may get upset with their daughter.

Linda Liang
Linda Liang answered on Oct 10, 2021

Are they divorced? Is there any parental plan agreement? if there is one, the father can go to court to apply for a court order to enforce the agreement. If there is not, the father should also go to court to ask for an order to enforce visitation.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Can I be abused of kidnapping if the mother got arrested for domestic battery against me? Child is with my mom in Ga

I’m from Ga living in FL and my mother has offered a safe place for my child to go seeing as how the mother of my child got arrested yesterday for violence against me and do not want to be risking it anymore around my child in the same house as well with our names on it. She is now bonded out and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 9, 2021

I think you mean 'accused of kidnapping". She could accuse you, but it's extremely unlikely that anyone will take the accusation seriously.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: My husband cheated on and we have a child. Just looking for advice on how to go about stuff

We have a mortgage, cars, a boat, joint bank account and an 11 month old child.

Laura E. Kenney
Laura E. Kenney answered on Oct 8, 2021

Good question and first let me say I am sorry for what you are going through. Florida is a no fault state when it comes to infidelity and the divorce process but infidelity can become relevant if the unfaithful spouse used marital funds to conduct the affair. Feel free to reach out for a... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: My ex wife in Florida won't get my 12 year old son vaccinated. His 17 year old brother just died from COVID last month.

I live in Missouri. How can I get him vaccinated? Can I get custody? Can I at least get him vaccinated?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 8, 2021

You would have to apply to the court which awarded his custody to your ex wife. You would ask that the court order her to get your son vaccinated.

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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Florida on
Q: I am looking for a divorce lawyer, family law,and domestic abuse for my niece. She lives in Port St. Lucie Florida.

My niece has 3 girls and is married to a man that has been abusing her and the girls for years. She and the girls are finally safe living with her mother in Port St. Lucie Florida! This man has restraining orders against him from his own mother and father, and now sister. I need a lawyer to help... Read more »

Laura E. Kenney
Laura E. Kenney answered on Oct 6, 2021

As a former prosecutor who specialized in domestic violence crimes I am well aware of the complexities facing a woman in your niece's situation. I am glad to hear she has an injunction protecting her and the children. Divorces with family violence must be carefully navigated. Please contact... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I'm not the one with the case...my current boyfriend is and he's paying child support and back child suppprt

However she doesn't work eventhough I got her a job twice at my job and is currently living with us without her child... so he is essentially giving her money for a kid she doesn't live with and on top of that she currently resides In our house

Laura E. Kenney
Laura E. Kenney answered on Oct 6, 2021

In order to guide you in the right direction, I would need a little more information about the child and where they are currently living. Child support can be modified through the Courts with a showing of a substantial change in circumstances. Feel free to reach out to me through my profile for... Read more »

3 Answers | Asked in Family Law and Child Support for Florida on
Q: How can I serve papers to a realtor company if it’s all virtual. There’s no physical address, can I send via email?

I am trying to get financial records, dad is a realtor and hiding money. I would like to subpoena so that I can have records for child support court

Rand Scott Lieber
Rand Scott Lieber answered on Oct 5, 2021

If it is any sort of registered business then you can look it up on sunbiz.org

As a business entity you are required to provide a physical address and a registered agent to receive service of process.

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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Florida on
Q: Can past DVI be removed from record in FL?

7 years ago was in a dispute with family member. Nothing physical but petitioner lied and said I was.

Deputies saw those claims were unfounded but the emergency DVI was granted till court hearing.

I didn’t want this family member around me no more as they were very dangerous... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 1, 2021

You should look up the state law where you are seeking a carry permit, but in Florida and federally, the prohibition against carrying firearms and permits generally pertains to current/in place domestic violence injunctions as well as past convictions for crimes of domestic violence, which, per... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Florida on
Q: At home insemination Via sperm donor

I will soon be having a baby through at home insemination Via sperm donor. Me and the sperm donor agreed to sign his Rights away. How do I go about this? And how do I get a contract. Also would that paper work hold up in court if it came down to it? I’m not familiar with Florida law bc I’m not... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 1, 2021

I'm amused by your description of old fashioned copulation. Whether an agreement to waive paternal rights may or may not hold up in court.

And, as to the paperwork being signed by a same-sex couple, I assume both partners are women, one of them being the birth mother and the other...
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1 Answer | Asked in Estate Planning, Family Law, Medical Malpractice and Wrongful Death for Florida on
Q: My father is in ICU in Orlando FL due to covid. He has been in ICU and on a ventilator since 8/28. He has a DNR, but n

But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... Read more »

Linda Liang
Linda Liang answered on Sep 27, 2021

It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can a judge force me to sell my house?

Can a judge force me to sell my house that I bought with the money I received from my husbands passing? I got remarried and paid for the house cash, my now husband has taken out the entire equity, to pay off his credit card debt. He agreed to pay it back, now he wants a divorce and has said the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 23, 2021

This is a complicated question with multiple steps. Step one is to determine what portion of the house (equity) is marital. You say that the deed lists you, your husband and your daughter. This could mean that you each have a 1/3 interest. It could mean that you and your husband have half and your... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Does dcf have to provide a warrant to take a child
Linda Liang
Linda Liang answered on Sep 23, 2021

I do not think so. A shelter hearing should be held within 24 hours where judge find the justification for the sheltering.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Do I need to file emergency custody to get my grandchild?

My daughter passed away from covid right after having her baby. Baby is premature and was in the nicu. Acknowledgement of paternity was never established with her boyfriend but hospital still released the baby to him. Would I need to file an emergency custody order or temporary custody to get him... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 22, 2021

You need to ask the court to give you custody. But if, in the court proceeding, he establishes paternity, he might very well be awarded custody.

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