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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law for Florida on
Q: Can my boyfriend take my son and get a paternity test with out me knowing. Then tell me to get out and not let me take

Take my son with me.

Rand Scott Lieber
Rand Scott Lieber answered on Jan 27, 2022

In Florida if you have never been to court for paternity the mother has 100% custody and rights to the child. Speak to a local family lawyer for more specific advice and to protect yourself and your child.

1 Answer | Asked in Family Law for Florida on
Q: Is it legal for me to go get my child and bring her to my state of residency

I left Florida to better my lifestyle and environment of my child. I decided to leave her with her father for a couple of months and now for the third time, it’s time for me to go get her and her is telling me I am not allowed. Is this legal and what can I do to get her?

Destardes Moore
Destardes Moore answered on Jan 27, 2022

Additional facts are necessary to determine whether you are allowed to take the minor child out of the State of Florida. Are there any current Orders in place? Were you and the Father married at the time of conception? You will need to reach out to an attorney for a consultation to determine the... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: He is taking job out of state, how will it affect my case if I file for divorce? The children and I will not be moving.

He is the sole income provider (82k). I am a full time student paying cash for my education.

We have been married 11 years with 2 shared children age 8 and 12. We have never owned a home. His car is valued around $3k, mine is valued much less (it is 30 years old). No other assets. Combined... Read more »

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

Even if your husband will soon move out of state, you can apply for divorce if you have both lived in Florida for at least 6 months. If you and your children do not wish to move with him, you must demonstrate that they are better off staying with you and that the move is unnecessary.

Keep...
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1 Answer | Asked in Estate Planning and Family Law for Florida on
Q: I loaned my mother $43,000 at 7% interest 21 years ago secured by a promissory note.

I loaned my mother $43,000 at 7% interest 21 years ago. It was secured by a promissory note and upon her death I would receive payment. Upon her death in October 2021 I was informed that the house she owned could not be used to satisfy her debt to me as we had planned because of the homestead... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 20, 2022

Regardless of what you are being told the $43,000 note from your mother is a very valuable valid debt that should be given to the Judge in the Probate Case.

If there is no Probate case, hire a lawyer to open one yourself. (Anyone can do it, and creditors do it all the time.)...
Read more »

2 Answers | Asked in Family Law and Probate for Florida on
Q: Man and women are married but do not live together. Women lives with son.

Woman becomes deathly ill with no Power of Atty. Can husband get a POA naming son as beneficiary.

Linda Liang
Linda Liang answered on Jan 19, 2022

Sorry to hear that. If woman is mentally sound, even though she is physically weak, she has to sign her own Power of Attorney.

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1 Answer | Asked in Family Law for Florida on
Q: when we got divorced we were ordered to sell the house. he house was a marital residence. Deed was in both of our names,

The agreement was to stay there for 3 years and then sell. After three years, she told me that she would love to keep the house, and told me she was going to pay monthly for my half. I agreed and changed the deed to her name. The only condition I put was for her to pass the mortgage under her name.... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 17, 2022

If you have not already, you need to return to court with a Motion for Enforcement on the original court order/ agreement to sell the house. Consult with a local family law attorney for more specific advice based on what has happened since your final judgment was entered.

3 Answers | Asked in Family Law for Florida on
Q: I have a 17-year-old who is going to be a father.

His girlfriend's mother wants their baby and told him he has no rights. What can I do so that if he wants to be in the child's life, which he does but he feels like it's hopeless, that he can not have this baby just adopted and they control what happens to the baby? He was in the... Read more »

Destardes Moore
Destardes Moore answered on Jan 16, 2022

He can register with the Putative Father Registry. http://www.floridahealth.gov/certificates/certificates/birth/Putative_Father/index.html

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1 Answer | Asked in Family Law for Florida on
Q: I'm in Florida.I want to know that Is it possible that my husband and I give our son's guardianship to a family member?

He is 17 .He wants to go to college in august and use in state tuition . We 've moved in Florida at the end of July. I got ID and verification of residency for his high school.Until august we will be more than 1 year residents but due to their documents date they are after the deadline. So he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2022

It probably wouldn't do any good to retroactively "give" guardianship to someone else. Besides being fraudulent, and probably criminal, a retroactive grant of guardianship would be meaningless.

1 Answer | Asked in Family Law for Florida on
Q: Can I take action against relative if they purposely withheld info of mother being in coma to sell her house b4 dead

Let me rephrase counselor. Im subject t I character limit. Basically there were detrimental effects to my mother by not contacting me to notify her next of kin and sole decision maker while in such an incapacitated state. Though there is no legal obligation to contact me (that I know of)they used... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2022

Your questions make virtually no sense.

As near as I can understand, a hospitalized woman, your mother or grandmother, had promised to sign over the house to you if she were about to die. But her uncle, or perhaps your uncle, falsely claimed to have her power of attorney. Did the sale...
Read more »

1 Answer | Asked in Family Law for Florida on
Q: How do I get access to my minor children's medical records?

I'm not the current guardian, but I am the biological mother and I still have my parental rights.

The guardian took me off of all of any and all contact lists for my children's doctors. Due to me not being listed the doctors won't release any information to me. The... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 7, 2022

If the guardian is not cooperating then you need to return to the court that appointed the guardian to seek relief.

2 Answers | Asked in Family Law for Florida on
Q: Can someone help me by walking thru how to summit exhibits for my child custody case? No one at the court last will help

They referred to it as a Courts Standing Order in person. The paperwork provided says I can send it thru email but I am being told I can't and won't get an other answers. My case is out of clay county and I have the case number if someone can help me out it would be appreciated. I am... Read more »

Michael  Mayoral
Michael Mayoral answered on Jan 5, 2022

Suggestions:

1) Call the Judge's judicial assistant and ask them what the judge prefers. You can find their contact information by searching for the judge on google, which will usually have their office's contact info;

2) E-File the exhibits through Florida's E-filing...
Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I’ve been asked to be an personal anonymous donor, how can I protect myself from them perusing paternity and child supt?

Family law, sperm donation privately

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2022

Florida Statute 742.15 applies in this situation. You need to a gestational surrogacy contract as provided in that section. Get whoever asked you to do this to pay for an attorney to draft such a contract for you.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Florida on
Q: Abusive marriage

I'm stuck in an abusive marriage. I am trying to get away but have had trouble finding a lawyer to assist me and the children. He controls our money and finances (removed me from our joint accounts so I have no access) and does not give me access to any money. Now he's taking away my cell... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 31, 2021

You obviously used something, whether it was a phone or a PC to ask this question. Use that same device to contact your doctors and other people who might assist you. You need to file in court for divorce and, at that same time ask for a temporary order requiring your husband to pay, while the... Read more »

1 Answer | Asked in Criminal Law, Family Law and Personal Injury for Florida on
Q: Can a Psych evaluation be asked for during a trial to determine the character of someone?

Hypothetical Situation: A person is a child(who is of at least 20 years of age) of someone who is emotionally abusive. The parent behaves in a way in which that makes the child feel that they are in danger. The child acts in self defense and throws something that hits the parent and the parent... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 31, 2021

If I were the judge, I would deny the request. For self-defense, the relevant issue is whether the defendant reasonably believed throwing the object was necessary to protect the defendant from threatened force on the part of the parent. Testimony of the psychiatric evaluator would be irrelevant... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My question is about a holiday schedule, and my plan is not clear to me. In 4 places my plan says holidays supersede

Holiday is from school last day to last night before school (ex says the day before school is his professional day weekend. I say no holiday supersede this. Last school is dec 22school starts back Jan 11th, the Monday before no school, 10th. We count by overnights. Ex is threatening me with , if I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 30, 2021

I believe both of you are overthinking this. But in any event, calling the cops won't work; they will have less patience than I have had trying to understand what you are asking. I can only suggest that you try to work with your ex and come up with a reasonable solution, even if that... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Father passed 12/21/21 my sister is (power of attorny) she's refusing let me veiw my fathers bank records, is this legal

evrything willed to be split 50/50 but im not allowed to see/know anything is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 29, 2021

The Power of Attorney died the same instant your father did.

If you want to see everything hire a probate lawyer and file a probate action using your father's will.

The lawyer will also help you stop the steal.

2 Answers | Asked in Family Law for Florida on
Q: I owned my primary home in Pinellas County, Fl. when I married my current husband. Things are not working out.

He is not on the deed and I have the opportunity to sell my home with a profit. I have homestead exemption. Is he still entitled to 50/50 even though he is not on the deed.

Rand Scott Lieber
Rand Scott Lieber answered on Dec 27, 2021

He is entitled to half of the appreciation during the marriage. You can subtract off the value on the date of marriage. Speak to a local family lawyer for a more specific calculation as there may be other factors that you can use to reduce his interest.

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1 Answer | Asked in Family Law for Florida on
Q: We are now two hours apart. I used to have the boys every week. Will the judge make me have only summers now.

I filed a petition the day I thought she moving and turns out she actually did relocate the kids about two hours from Me. I don’t want to see them only summers. I moved here to be close to them, to be in their lives. Now I’m stuck in a year lease. And she is two hours away. The gas to get her... Read more »

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

You do not mention what your current legal situation is. I am assuming that you are asking about a paternity case. Under the proper legal circumstances you could ask the court to order the mother to return to where she was living. Look for a local family lawyer for a consultation where you can get... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Does a letter of intent to levy bank account mean its frozen or can I still use it to hire an attorney?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 20, 2021

Ask the bank if the account can be accessed.

1 Answer | Asked in Family Law for Florida on
Q: Im from Florida and I only signed an acknowledgment of paternity with my ex.

No case has ever been file and I’m on the birth certificate. Is she still allowed to keep my sons for me?

Rowena Nicole Nelson
Rowena Nicole Nelson answered on Dec 19, 2021

No, you both equal rights to be a parent to the minor child. You should file for Custody, Visitation and Access to the minor child. Also, be very clear to the mother in your communication that you do not consent to her denying you access to the child.

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