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Florida Family Law Questions & Answers
2 Answers | Asked in Family Law for Florida on
Q: I am being deposed in a lawsuit in Oklahoma where I am listed as an "Additional Respondent". I live in Florida.

I am not the defendant in this case. Shouldn't I be repaid for expenses incurred to comply?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 6, 2021

You asked about this previously in this forum, and I answered. But again you have failed to supply critical information. If you have not been subpoenaed, you have no obligation to attend; if they want you they will have to pay you whatever expenses you demand. So, unless they ask nicely and pay... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How do I file for my daughters dad to sign over his rights.

Hes been absent for 5 years.

He’s been in and out of jail and is currently going to prison for 15 years for drugs. What can I do to get him to sign his rights over. My husband would like to adopt her.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 5, 2021

Your husband would file to adopt and notice would need to be served on the child's biological father.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: what do i need to do so that my husband and I can legally raise my best friends baby while her and the dad are in prison
Rand Scott Lieber
Rand Scott Lieber answered on Mar 4, 2021

Both parents need to sign a temporary guardianship agreement designating you as the guardian for the child. Speak to a local family lawyer who can help you with this legal document.

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: I. My ex husband stayed in marital home. He was to refinance and take me off deed. Never did. I didnt right split equity

We verbally discussed if sell he buys me out. I paid mortgage 16 years and 5 months after I left.

The house has a contract for sale. He didn't pay mortgage nov and dec hurting my credit. Can I refuse to sign deed unless he pays me half equity

Rand Scott Lieber
Rand Scott Lieber answered on Mar 1, 2021

To pursue a legal remedy you need to go back to your marital settlement agreement or final judgment. You either have to follow what the agreement says or go back to court if you cannot agree. If you have a legitimate claim you can file a lis pendens with the court. That will notify any buyers that... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What is the process when ex wife filed an emergency motion for full custody?
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Feb 28, 2021

You need to file a response to the motion and make sure that the court has your most up-to-date contact information so that you will be noticed if there is a hearing on her motion. Just because she said it in a motion doesn't make it true, but if the court thinks there's an emergency they... Read more »

2 Answers | Asked in Family Law and Traffic Tickets for Florida on
Q: Do you need to report closed civil traffic cases on Notice of Related Cases?

I am filling out a "Notice of Related Cases" in relation to having my name legally changed. All I have on my record is a pair of civil traffic cases, but they are both closed cases. I verified they are closed through Duval County's CORE Website.

Do I still need to list those... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Feb 28, 2021

The Notice of Related Cases is for cases that are related. For example: if there is a child support case and a divorce case. Closed traffic cases are not related to a name change.

Good luck!

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1 Answer | Asked in Family Law for Florida on
Q: I live in Florida, yet receieved a summons to be in court in Puerto Rico. Can I be excused from attending!

I am falsely accused of putting a parent in a nursing home.

I wasn't even PR when another family member did place a parent in the nursing home.

What can I do to avoid having to travel to PR?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 28, 2021

You can consult with an attorney licensed to practice in Puerto Rico, obviously. He or she can tell you your options.

1 Answer | Asked in Family Law for Florida on
Q: Court Order custody; father refuses to return daughter undermining court order. What can mom do?

Father has brainwashed child stating she does not have to go back if she does not want to

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 26, 2021

Ask the judge to hold the father in contempt of court. It's not up to the child.

1 Answer | Asked in Family Law for Florida on
Q: Father has memory issues. His Doctor wants me to have power of attorney . Is there a free service to assist .

I am already on all his financial items. He lives with me , so the house is taken care of.

Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2021

You can Google a power of attorney form. You will need to have your father's signature notarized. Look for a local lawyer that will help you with this. It should not be expensive and you will have peace of mind.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: how do I get free legal aid for divorce and custody?
Rand Scott Lieber
Rand Scott Lieber answered on Feb 24, 2021

Look for a legal aid office or agency in your local community. You can also check with your local clerk of court for information.

1 Answer | Asked in Arbitration / Mediation Law, Family Law and Elder Law for Florida on
Q: Sibling dispute over a widow dad. What paperwork I file in order to be able to get our dad some time of the year?

My dad has 2 daughters from ex and 2 daughters from 1st marriage to my mom. Mom passed away 10yrs ago and he hasn’t remarried. He had a brain aneurysm and is on a wheelchair and can’t speak. He only says my name, aha & no. His other 2 daughters took him out of the nursing home we had him... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2021

Isn't it obvious? You write that "he doesn’t have an appointed guardian. " So file an application to be appointed guardian.

2 Answers | Asked in Family Law for Florida on
Q: If my son is at bio’s house (visit) & he dosent want to give him back. Cop see’s birth certificate & no custody order?

Cop says its a civil matter you have to go to court. What do we do? No custody order & he’s on the birth certificate. I have marriage license showing we were married at D.O.B. Help plz

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Feb 21, 2021

The cop is not correct but unfortunately, they will usually not assist in getting you the child and they tell you it is a family matter. You must go to family court to file a Motion for Pickup Order in order to get the child back. This is only if you are unmarried with the father.

If you...
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1 Answer | Asked in Family Law for Florida on
Q: My wife got pregnant with another guy and put his name in the birth certificate but I raise him who’s the legal father?

No custody order , now he wants to get into his life and I say no. ( he is a drug addict & criminal) please help...

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 20, 2021

Was she married to you when she got pregnant? Probably not, because if so it is doubtful that he would have been able to be put on the birth certificate. So, assuming conception occurred when she was married to you, you are the "legal father" even if he is the biological father.

1 Answer | Asked in Family Law for Florida on
Q: My son leaves with me and visit his dad every other weekend. Do I have to supply the Father with clothing ?

Does the father have to buy his own clothe for when my son is with him ?

Or I have to provide it.

Rand Scott Lieber
Rand Scott Lieber answered on Feb 19, 2021

If the timesharing is court ordered then dad is responsible for all of the child's needs during his time.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can a 16 year old make a decision on where he wants to live??

We recently took in our nephew and he has been with us for about 3 months now. His grandmother has custody and has given us permission to take him. He would like to make it more permanent but is afraid his grams will reject the idea. What should we do?

Rand Scott Lieber
Rand Scott Lieber answered on Feb 19, 2021

A 16 year old can express a preference but ultimately it is up to the court that granted grandma custody to approve the change. You may have an uphill battle if grandma opposes the change.

1 Answer | Asked in Family Law for Florida on
Q: She is here on my side we fear that if he sees the bio he wont give him back or come to our house with police.

And demand him to leave with him. He verbally says thats his son and he can take him when he wants. He is on drugs and I want to protect my family. Im scared the police dont know the law or situation and let him take him.

Rand Scott Lieber
Rand Scott Lieber answered on Feb 18, 2021

If you can document his threats perhaps you can pursue an Injunction for Protection. It sounds like you should call the police (non-emergency line) and explain the situation.

1 Answer | Asked in Family Law for Florida on
Q: He has been threatening to take him from me. To the average cop he will show birth certificate. Wheres my proof?

How do I defend myself to the police verifying he is mine?

Rand Scott Lieber
Rand Scott Lieber answered on Feb 18, 2021

No police officer is going to show up at your house, look at a birth certificate and take a child.

You need to document his threats. Are they verbal? Written? Speak to the police in advance about your concerns. Where is mom in all of this?

1 Answer | Asked in Family Law for Florida on
Q: So he cant go to court or and get visitation even if he is the bio? & on the birth certificate?

We were and are married when the child was born. So can I legally change his name? These are my last ?’s THANK YOU SO MUCH!

Rand Scott Lieber
Rand Scott Lieber answered on Feb 18, 2021

His opportunity to challenge the paternity was when the child was born. Too much time has passed for him to raise it now. You are the legal father. You have financially supported the child since birth.

I am not an expert on name change but I believe that if you and mom petition together to...
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1 Answer | Asked in Family Law for Florida on
Q: He has been in and out of his life. He is on meth(drugs)I want to protect my son. How can I get this guy out of the way

I assumed I had no authority other than his “step dad”. Until I asked you earlier who the LEGAL father is. My wife and I were married when he was conceived and we still are today. He is trying to take him I need help(info) please

Rand Scott Lieber
Rand Scott Lieber answered on Feb 18, 2021

You are the legal father. If bio dad tries to take the child it is kidnapping. Call the police. He has no legal rights to the child. I don't know anything else that you can do proactively.

1 Answer | Asked in Family Law for Florida on
Q: So he can’t come to my house and take him? He's 8 and my world! How do I prove he’s mine legally? Marriage license?

If the other guys on the B.C. How would I prove to anyone he’s mine? Thank you more than you know!

Rand Scott Lieber
Rand Scott Lieber answered on Feb 17, 2021

Have you had contact with the biological father over the past eight years? A stranger cannot simply show up with a birth certificate and take a child. Is something is happening now that you are concerned about?

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