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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law for Florida on
Q: how do I get POA when I live in CT & he in FL. This is for my son he has mental health issues and asked me Dawn

My son has not left his room since 15 and is going on 26 this year. He cannot express himself, severe anxiety and panic disorder since 15, Causing high BP at age 20. Type one diabetic, rare blood clot disorder, scoliosis, chronic back pain, now knee and shoulder issues. I am helping him to get... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 14, 2021

This is really a wills and estate planning issue. What you can do is contact an estate planning attorney in Florida and ask for assistance in drafting the POA document. If your son is not competent to understand and execute such document, then you may need to consider a guardianship proceeding.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can a general magistrate order additional relief that neither party requested?

General Magistrate ordered that I inform my ex (I share a son with them) any time I get a ticket/moving violation during a hearing where I was requesting to remove a joint stipulation from 2015 where I agreed I would not drive our son because I did not have a license. Neither my attorney nor his... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 12, 2021

Yes, the magistrate was probably within the bounds of the motion since it had to do with your driving privilege.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Is it possible to recover damages in Florida caused by the non-payment of family court ordered support?

Already been to court for enforcement. No action by court was taken. A partial ruling granting but also denying any action.

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

It would depend on what types of damages you are seeking. For example, the costs and fees of an attempt to enforce can be recovered/awarded by the court. However, at this point, you indicate that you have already been to court. If you are within the time period to seek a rehearing or... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Hello, My question is about the process to petition for a Declaratory judgement.

I'm applying for dual Italian Citizenship. My great grandfathers name on my grandfathers birth and marriage certificates is different than what it is on everyother document. He used and instead of his actual name, . My grandfathers Baptismal record has the correct names as well. The... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

This is an unusual question and does not appear to be applicable to family law. It sounds like you are a US Citizen who is attempting to also obtain Italian citizenship based upon the fact that you have Italian family/heritage. If this is correct, then it is not an immigration issue as you are... Read more »

1 Answer | Asked in Family Law for Florida on
Q: FL FAM LAW- WIFE HAS IGNORED ORDER I FILED NONCOMPLI ER PICK UP ORDER . ALSO SHERIFFS OFFICE HAS PROOF OF MURDER FOR HI

CHARLOTTE CNTY SHERIFFS HAS PROOF SHE HIRED A HITMAN. I SENT IN ER INJUNCTION FOR PROTECT. HE DENYED IT W/O HEARING WHATS HE UP TOO?

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

This sounds like a criminal matter. If the authorities are pursuing someone for hiring a hitman to commit murder, then a criminal no contact order would most likely be entered in any criminal case. If you filed a Petition for Injunction for Protection Against Domestic Violence and it was denied,... Read more »

1 Answer | Asked in Family Law and Adoption for Florida on
Q: What happens is an Attorney is refusing to sign the Affidavit of expenses and receipts?
Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

It is unclear what you are asking. If you can clarify your question, it may be possible that you will receive answers. Best of luck.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: i’m 17, i need to get out of this house. can i legally leave and live with someone else against my parents wishes?

my step mom and dad can be physically or emotionally abusive. i help out so much but still get treated like trash. i’m so emotionally drained and i can’t live here anymore. they cause frequent panick or anxiety attacks for me and it’s getting to the point where i’m severely depressed. can i... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

Please reach out to a trusted adult or other relative. It can be a teacher, guidance counselor, school principal or administrator, clergy member, friend's parent, doctor, or someone. If you are being abused, you can also call the abuse hotline in Florida. That will cause the Department of... Read more »

3 Answers | Asked in Family Law and Immigration Law for Florida on
Q: If I get emancipated will I get an Ilegal Status or what happens in this case?

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Tami Lane Augen
Tami Lane Augen answered on May 10, 2021

This is mostly an immigration question. In terms of the family law aspects of same, seeking emancipation is not a given at age sixteen. There is strict criteria and it is very difficult for a court to emancipate a child under the age of eighteen. If you have an immigration attorney, please... Read more »

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1 Answer | Asked in Family Law and Health Care Law for Florida on
Q: I'm in Florida. My son's mother is renewing her Medicaid and she's asking for gross income from me this time?

She has never asked for this in the past years

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 10, 2021

People on Medicaid have to reapply for continuation of there benefits every three or four years. And the government's rules governing who gets Medicaid are changing. The new rules and application procedures and approval criteria will be able to thin the herd by finding other sources of support.

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: My dad lived in Ohio died in September and owned a house with my stepmother and there is no will, who gets what?

He owned a house with my stepmother and both of were on the mortgage, there is no will he has 3 children and she has 6 children.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 10, 2021

That is a question of Ohio probate law. Intestacy statutes vary from state to state. You should post this question in Justia > Ask a Lawyer > Ohio.

1 Answer | Asked in Family Law for Florida on
Q: I'm not getting alot of hours at my job wondering what I have to do to get child support reduced
Tami Lane Augen
Tami Lane Augen answered on May 7, 2021

You can prepare and set for hearing a motion to temporarily update where reduce the monthly support. There is caselaw on it and no funds should accrue during the period of abatement or reduction except for the amount that the court orders you to pay if it is in fact reduced as opposed to being... Read more »

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Florida on
Q: My 15 y.o. nephew from NY has runaway while down here in FL. What do I do?

My sister sent my nephew down here to live with me because he was trying drugs, not doing well in school and coming/going from the house whenever he wanted. At first he was doing so well down here...said it was toxic in NYC and he appreciated the calmer environment. However, now he misses his... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 6, 2021

Are his parents coming to Florida to find him and/or pick him up? They should consider take responsibility for him and should report him as a runaway. Do you know where he is? You may want to consider speaking with an attorney and moving forward in terms of reporting him as a runaway and/or to... Read more »

2 Answers | Asked in Child Support and Family Law for Florida on
Q: I have a case for three children from 2009 until the last child’s 18th birthday. My oldest two will then be 25 and 23.

The case did not contain any orders for if/when the children emancipated.

Nicole Vette
Nicole Vette answered on May 6, 2021

Typically children emancipate when they turn 18 unless they are still in high school participating in good faith, in which case they emancipate upon graduation or age 19 whichever is earlier. Other ways a child can emancipate are marriage or entry into military.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Will a father still have to pay child support if he signs over his parental rights?

The child support was court ordered through a judge from getting a divorce. Father has no visitation rights, mother has 100% custody of child and father see's child when they want rather than consistently.

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

What you are asking is not something that is done as same is against public policy. The responsibility to pay child support is not tied to the timesharing. There are ways to terminate parental rights and that is something that can be discussed with an attorney to see if this is possible in your... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can i leave my house at 17 if my mom is verbally abusive and threatens to beat me and throws backpacks etc at me

She tells me to move out when i'm 18 but i turn 18 in 3 months and don't wanna get in trouble with the law if i do leave what can i do?

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

You may want to reach out to a trusted adult such as a teacher, school counselor, friend's parent, doctor, clergy member, etc... to seek assistance. When you are eighteen, you are a legal adult in Florida, until then, please seek out help from an adult who can try to help you for the next... Read more »

1 Answer | Asked in Family Law for Florida on
Q: On the grounds for terminating parental rights Flora statue 39.806(1)(1) Is it 3 removals or any of the children have

Does this mean if 3 or more of your children have been placed in out of home care. Or if any of your children have been placed in out-of-home care 3 or more?

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

This would refer to any child being removed, it is not only applicable if you have three children removed.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Located on tampa, fl. I am going through a separation with my wife. Who should leave the house to have space, me or her?

My wife wants to separate and i need space from her. She says she wont be leaving the house we rent. She is never home and barely takes care of the kids. I want her to leave so I can focus on me and the kids. Who should leave the house since its technically rented and neither of us own the house.

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

There is no legal requirement that either of you leave the home. If a Petition for Dissolution is filed, either party can seek what is called "exclusive use and possession" of the home that you and she share. Until such time as the court actually awards a party exclusive use and... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: can I win if I summit a motion for default?

I went to pre trial on march based on my motion for contempt and modified time sharing that i put in the courts against my son father and the judge told my son father at Pre trial that he have 20 days to respond back to my motion. its been over a month and he have not responded and it was ordered... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

Motions do not typically require responses. However, a responsive motion or an Answer is required in response to a supplemental petition for modification. You may want to see if you can schedule another status conference with the judge. Additionally, if this was a pre-trial conference, there... Read more »

1 Answer | Asked in Divorce, Family Law and Civil Rights for Florida on
Q: I am paralyzed, I have MS

I am paralyzed, I have MS

I am indigent, as the judge said, Ms Ford makes nine times as much as I do, and she can afford private counsel.

I have advocated my position on previous counsels failure to file the mandatory disclosure upon filing in accordance with the rules for months.... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 5, 2021

Hi, it is not clear what your question is. However, you may want to see if you can obtain the assistance of an attorney from a local Legal Aid society in your county. Alternatively, contact your local bar association to see if there are any pro bono attorneys. Additionally, your local courthouse... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can I get full custody of my son after 2 years no contact from mother

I just filed for divorce from my ex. She was extremely abusive and even stabbed me 2 times. We have been separated 3 years. In the past 2 years I've had my son who just turned 6. His mother has not been in the picture this whole time. The only communication has been 3 emails in total, only 1... Read more »

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

You appear to have a strong case for the child being with you full time. You can achieve this through the divorce process. The more difficult issue would be to try and terminate the mother's parental rights. This would happen in dependency court and is a prerequisite to anyone else adopting... Read more »

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