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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My daughter is 8 and has some mental issues (ADHD/ADD), ODD and anxiety and stress. She see’s her dad every

She goes to her dads every Other weekend and tells me she doesn’t want to go anymore. She tells me and my mom that she has one family and that’s here with me and her stepdad and brother and sister. Can I file anything. She is also put in the middle of arguments with me and her dad by him and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2019

You can ask your divorce lawyer to file a motion to reopen the case and re-consider the visitation order. You will probably need an expert witness to testify to any harm being done to the child by having to stay at her father's house.

1 Answer | Asked in Family Law for Florida on
Q: Hi my girlfriend is planning on moving with me to Florida from Puerto Rico and she has a kid can the father stop the pro

The child is 3 father passes child support when ever he feels like it and owes a big amount

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

No. If there is a court order that controls the child's custody--not the father's payments--your girlfriend (and you) must ask the court for permission to relocate the child.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Non custodial mother has a suspended license. Can I keep my child from going with them?

My purpose here isn’t to keep my child from her mother. I allow her mother to spend time with her whenever she comes to town, or whenever we’re in her town. My issue is, mom has had a suspended license for over a year and a half, but she hasn’t a vehicle until now. The last time she had a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

No. Regardless of what the situation is with your ex not having a drivers license you cannot lawfully disobey the existing custody order--unless and until the judge changes it. So instead of dreaming up all the negative possibilities that might occur if your ex starts driving on her suspended... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: ex wife gets child support from me gets pregnant by 2nd person she stops dating gets support from him does it help my ca

collects from me gets pregnant from someone else leaves him then goes to collect from him does this or can this help or affect me in anyway good or bad

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

FYI, in Florida, all fathers are legally responsible for the well-being of their own children. That means the child support you pay to your ex-wife is for the benefit of YOUR child only. It also means that any new child support your ex-wife may get from the father of her new child is for the... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Florida on
Q: What are the laws in circumstances like this one?

Following delivery a mother and newborn are both tested and their results show the presence of an illegal substance. A mandatory report to DCF, and a safety plan is then put in place for the family and both parents are cooperative in successfully completing all requirements. In this situation, does... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

The key point of your question is the last statement: "during the investigation." The Department of Children & Families has broad legal authority to do whatever they deem necessary while conducting the kind of investigation described. While the skilled people at DCF normally do not "gossip" about... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Florida on
Q: What can I do?

I have been trying to get custody of my 2 year old niece since July 2019, I have done everything as far as background check, home inspection, drug test and weekly visits. Even though I am her paternal aunt the judge will not grant the motion for her to be moved out of foster care and placed into my... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 11, 2019

It sounds like you need to consult with and/or hire a lawyer where you live who specializes in this area of the law.

1 Answer | Asked in Family Law for Florida on
Q: Hello, my 17 year old daughter is still attending her last year of hs in Kentucky. She turns 18 in December. She wants

To return to Florida and reside w me back in Florida. I filed a modification of our parenting plan in fL a few months ago but was told by my lawyer that my exhusband has jurisdiction (in Ky) over the case. He hs has lived there for over 4 years with the children but we we never made the changes... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 11, 2019

Unless your ex agrees to the change you must return to court to ask permission. I cannot comment on Kentucky law but in general you must file where the child lives.

1 Answer | Asked in Family Law for Florida on
Q: Our shared custody agreement says shared. HolidaysNow hes taking him out of state for them.what do i file
Rand Scott Lieber
Rand Scott Lieber answered on Oct 10, 2019

File a Motion to Enforce the Parenting Plan.

1 Answer | Asked in Family Law for Florida on
Q: Is there a way to stop parental visitation (per court order ) until new court date for modification of visitation?

Papers have been served waiting on court date.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 8, 2019

File a motion to stay the visitation order until the court can hear all the evidence.

1 Answer | Asked in Family Law for Florida on
Q: My ex husband and I have a 50/50 time sharing agreement. My ex kept my son during the last exchange. What can I do?

My son is 13 and his father is not the disciplinarian. My 13 yo is using the contention between us to manipulate the situation. I don't want to put a child in this situation.

Rand Scott Lieber
Rand Scott Lieber answered on Oct 8, 2019

Your remedy is to document what is happening and return to court to address the situation with the Judge.

1 Answer | Asked in Family Law for Florida on
Q: We signed over rights to a dangerous child. If we had another would they take baby from us due to that?

My husband and I voluntarily had to give up rights to one of our biological children, who was a danger in our home.

He was younger but we'd exhausted all reaources/meds/the like. 

We had a paper trail, names, numbers and the like for the exhausted resources but the state didn't... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 7, 2019

You did not tell us whether the child you "turned over your rights to" was an adopted child or your natural born child.

So I am assuming the child was adopted and that--for whatever reasons--you decided to give up the adopted child; is that right?

If so, you can be sure that the...
Read more »

1 Answer | Asked in Family Law for Florida on
Q: Hello i have a question about seeking a modification of my post-divorce parenting plan

Hello. I have been divorced since April 2017 and remarried in July 2019. During the divorce process I was emotionally compromised and because of my desire to reconcile at the time I signed a parenting plan (PP) that I shouldn’t have. Communication broke down earlier this year and ex-wife and I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 7, 2019

No, IMO, nothing is ever "premature" when the needs arise to address a parenting plan. Hire the lawyer you say you have already talked to and stop looking to strangers as a way to back check.

1 Answer | Asked in Family Law for Florida on
Q: What do I fill out in 2.40 (d) (2) family law petition form If I only want my financial records kept confidential?

This is a paternity petition. I am not in need of legal advice, but I am in need of help with what to pick for what I already know I want.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 2, 2019

This question makes no sense to me.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Florida on
Q: Can my wife use a public defender for one case and hire a private attorney for another?

Before my wife and I separated she was arrested for domestic assault, she was declared indigent and appointed a public defender even though she makes very good money and we have her pre-trial this week. Today I recieved notice that she has hired a private attorney and filed for divorce. My question... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2019

Although it looks like something might be amiss here, it might not be amiss. "Hiring" a divorce lawyer is not the same as hiring a criminal defense lawyer--nor any other kind of lawyer. On the other hand, people who falsify official documents just so they can get free representation--at the... Read more »

1 Answer | Asked in Child Custody, Education Law and Family Law for Florida on
Q: Can I hold my child back in school if non custodial parent refuses?

I have custody of my daughter. She sees her mom every other weekend, but her mother lives 3 hours away. Mom has nothing to do with school. I invite her to plays, conferences, open houses, but she never shows up for anything. She’s never helped with a stitch of homework, doesn’t buy school... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2019

Since you have custody this is an issue between you and the school board.

1 Answer | Asked in Civil Litigation and Family Law for Florida on
Q: Can you sue someone from a incident that happened 30yrs ago a family member who received the money

My son was the one who was injured 30yr ago my sis fought me for the money and won because she had temp custody anyway it was supposed to go in a trust fund like I had it set up well no one saw a penny of the money it was a lot. My son wants to sue her and he is in prison in New Jersey where do I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 27, 2019

You need not worry about where to start because you will be finished before you start. Too late.

2 Answers | Asked in Family Law for Florida on
Q: If my husband and I both share a joint account is the money both of ours legally ?

He is spending hundreds a week on daycare for a child that been proven not to be his. We share an account and Irs not justifiable that he’s spending the money when it’s

Mine as well. Ps:we share 3 BIOLOGICAL kids

Rand Scott Lieber
Rand Scott Lieber answered on Sep 26, 2019

As long as you remain married you are legally considered a financial "unit" sharing income and expenses. Your separate financial lives begin when you file for divorce. Until then you are each responsible for the other's financial choices, within reason.

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1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: Do I have a right for alimony if I am abroad? Does the child support decrease considerably if the child is abroad?

Due to financial problems and no permanent place of living my minor son and me temporarily moved abroad to my parents’ house. That was agreed with my husband. But shortly after, he decided to separate and then to divorce (FL). We were married for almost 9 years.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 25, 2019

Alimony is based on one party's need and the other party's ability to pay, as well as the length of the marriage. Where you live is not a specific factor. Child support is based on each parent's net income. The number of overnights that the child spends with each parent is also a factor. If your... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How do you find out if the father of my child has any rights

Father was not at birth, did not sign birth certificate, and has not been present in the child's life since birth. My son is now 4 going on 5 and I want to make sure he has no rights due to violence and lack of responsibility.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 25, 2019

In Florida if you were not married and the father has never taken any legal action then the mother has full legal rights. The father would have to go to court to assert his rights.

1 Answer | Asked in Family Law and Legal Malpractice for Florida on
Q: if a minor goes to someone’s house against their parent’s wishes, can the person who owns the home get in legal trouble?

if the adults residing in the home allow the minor to stay, can they get in any legal trouble? the minor is 17 years old

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 25, 2019

Yes.

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