Lawyers, Answer Questions  & Get Points Log In

Florida Family Law Questions & Answers

1 Answer | Asked in Family Law, Contracts and Divorce for Florida on

Q: Hello. I need to get a completed prenuptial agreement signed in the presence of a lawyer. Can I get it done affordably?

I would like separate representation for each party. Thank You.

Henry George Ferro answered on May 22, 2019

It can be done at a reasonable cost that is dependent upon the facts and circumstances involved...you should however be certain about one adage my mother once told me and that is “you get what you pay for.”

1 Answer | Asked in Family Law and Child Support for Florida on

Q: I'm the non-custodial parent. Do I have to pay child support in a month when minor child is with me?

I received a reply from Rand Scott Lieber, Esq. "A: Yes. Child support is calculated based on the whole year and already includes credit for overnights with each parent"--thank you, Sir. However, from the reply I realized I neglected to include a possible relevant detail:

In late 2016, a... Read more »

Bruce Alexander Minnick answered on May 21, 2019

The answer is still no. Just because you now have been given extended visitation rights does not mean you can ship payments due to the other (custodial) parent. This issue could (and should) have been brought up during the hearing on the modification agreement. So if you still want to push this... Read more »

1 Answer | Asked in Family Law for Florida on

Q: I do have a Family lawyer in Florida but his asking me because his confused.I’m his translator and I’m doing everything

Bruce Alexander Minnick answered on May 21, 2019

This makes no sense as written. Who are you, and what is your family lawyer asking you to do?

2 Answers | Asked in Family Law for Florida on

Q: Marital home question and privacy.

Caught wife cheating with her coworker, had been for a year(have texts to prove it). She moved out the martial home voluntarily because she wanted to de her thing. We live in Key West and I can’t afford to live here in a home that would accommodate our two children(one disabled). I pay all the... Read more »

Rand Scott Lieber answered on May 21, 2019

As long as she is an owner she has a legal right to access.

View More Answers

1 Answer | Asked in Child Custody and Family Law for Florida on

Q: Our parenting plan states that I have 50/50 custody of my kids but since finding out that my ex-wife was in an abusive

Since finding out my kids and ex-wife where in an abusive situation, my kids have been living with me for the past 12 months, how can I get full custody?

Rand Scott Lieber answered on May 21, 2019

You must file a Supplemental Petition for Modification with the court to change your parenting plan based on the current arrangements.

1 Answer | Asked in Family Law for Florida on

Q: My son is living with me in Fl and I went to DOR to open a case. His father lives in P.R. who has jurisdiction here?

DOR is giving me confusing answers and in P.R. the case was seen without giving me any notification. Can this be legal? The “agreement” that the father on my son was $400 and that my son will keep the health insurance of P.R. which is nonsense because I can only use the health Insurance for the... Read more »

Bruce Alexander Minnick answered on May 20, 2019

You will need the services of a Florida family lawyer to assist you.

2 Answers | Asked in Family Law and Child Support for Florida on

Q: I'm the non-custodial parent. Do I have to pay child support in a month when minor child is with me?

My daughter, 16, spends a month and a half with me during summer vacation from school. Both parents live in Florida.

Rand Scott Lieber answered on May 19, 2019

Yes. Child support is calculated based on the whole year and already includes credit for overnights with each parent.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Florida on

Q: I have custody every other weekend. Mother's day took presidency over my weekend. Should I get them this weekend?

Rand Scott Lieber answered on May 17, 2019

You need to read your parenting plan. If it is silent on this issue then you do not get the following weekend. The theory is that over the course of the year it will even out. It is possible that father's day will fall on her weekend, for example. Holidays take precedence over the regular schedule.

View More Answers

1 Answer | Asked in Criminal Law, Family Law and Civil Litigation for Florida on

Q: In a Florida County Civil Suit 5>15k, can subpoenas for documents and witnesses be served.

In County Civil I am suing a Florida Resident for illegal wiretapping and malicious use of the content who claims to have been in a one party consent state when they made the recordings. The recordings were emailed to different people who in turn emailed them to others. What would be the best and... Read more »

Henry George Ferro answered on May 15, 2019

The simple response is yes

1 Answer | Asked in Divorce, Family Law and Immigration Law for Florida on

Q: Any advice on a pending i485 petition through marriage to a US citizen with financial abuse from spouse?

Been married 8 months and he petitioned for me for my green card but we moved to another place because he got a new job, and right after we moved he told me I needed to give him twice as much more money as before if I wanted to continue living with him. It came as a surprise to me because I have... Read more »

Bruce Alexander Minnick answered on May 13, 2019

Your best bet is to discuss all these concerns with a marriage counsellor or a divorce lawyer.

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for Florida on

Q: How long does it take for a response after consulting with adults and contacting Florida abuse hotline before report IDs

My friend doesn't have a phone so I'm using mine to ask this question. Her biological parents lost custody of their kids over abuse and drugs her aunt and uncle won the case and this happened 9 years ago. Her situation of abuse started two years ago we reach out to every adult but we've only got... Read more »

Bruce Alexander Minnick answered on May 13, 2019

Your question is unclear. Response from whom, about what?

1 Answer | Asked in Family Law for Florida on

Q: What can i do, i hit a million and my mom changes my life and gets me hospitilized?

Tricky situation,i need to do something.So at the ages of 18 to 19 i had my own company in which i was a business parter of 3.We had just hit a million dollars (first 10 months of being opened).My mom knows i have a company and decided to send me to a hospital thru the courts, the worst thing i did... Read more »

Bruce Alexander Minnick answered on May 11, 2019

Sounds like a daytime soap opera. Take some of your $million and find a different place to live; and do not tell your mom.

2 Answers | Asked in Family Law and Child Custody for Florida on

Q: Will DCF automatically take custody of newborn at hospital if meconium testing comes up positive for oxycodone?

One 20mg pill taken during her whole pregnancy so not even sure it would show up in meconium. Old RX so does not have bottle can't prove it was prescribed. If they try to take baby from mother, would the husband be able to keep the baby? Does not do drugs and gets random testing all the time due to... Read more »

Bruce Alexander Minnick answered on May 11, 2019

Lawyers are very intelligent and highly trained--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe and unable to opine on your current dilemma. Pray.

View More Answers

2 Answers | Asked in Divorce and Family Law for Florida on

Q: Am I the only one that thinks helping others shouldn’t be about money ? when isn’t it ok to abandon your wife ?

My Husband of 17 years emptied out the bank account and walked out. He left me penniless with no means to provide for myself, denied me medical treatment refuses to give me cash to get the medical treatment leaving me to call 911 and taken out by ambulance. How is this OK ? According to Walton... Read more »

Henry George Ferro answered on May 10, 2019

You may seek the assistance of the courts; you will need a lawyer...there are many facts that will determine the availability of getting a lawyer...I would be willing to talk to you on the phone...my cell is3522662498

View More Answers

1 Answer | Asked in Adoption and Family Law for Florida on

Q: Does termination of a fathers parental rights also terminate an adult half siblings rights in Fla?

I have had my nieces girls in my care for 4 yrs since she past away. Already adopted 2 of the girls and now 6 yr old tpr next week.

There is a much older adult sister that recently appeared that wants to adopt her. Will her sibling rights be terminated also?

Bruce Alexander Minnick answered on May 9, 2019

No, terminating a father's parental rights cannot automatically terminate any other person's rights--assuming they have any rights. FYI, siblings and half-siblings may have some limited "rights" to participate in adoption proceedings; and if they intervene the court will probably listen to whatever... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Florida on

Q: An individual I am suing continually petitions for frivolous domestic injunction/restraining order.

What action can I take that will prevent this person from continually filing false reports and frivolous petitions for restraining order on me. The petitions are denied however the judges won't rule with prejudice so that I don't continue to lose time from work sitting in court. Adding insult,... Read more »

Henry George Ferro answered on May 9, 2019

You can file a motion to have the court prohibit him from continuing to file frivolous petitions and motions.

1 Answer | Asked in Family Law and Immigration Law for Florida on

Q: How have I change my last name in my immigration documents after marriage? Do I need to go in my country embassy?

Immigration law

Sheri A Benchetrit answered on May 9, 2019

It is not clear from your question if you are asking how to change your name in your passport, your green card or both. If you wish to change your last name in your passport, you would need to apply for that change with your country's embassy or consulate in the U.S. if you are in the process of... Read more »

2 Answers | Asked in Family Law for Florida on

Q: My last name is hyphenated with my husband’s last name on our Certified Transcript of marriage, can I change it?

I have decided I would like to use my last name as a middle name and his last name as my surname.

Henry George Ferro answered on May 7, 2019

You will have to go through a petition for name change with the courts.

View More Answers

1 Answer | Asked in Family Law and Health Care Law for Florida on

Q: I was my husband's care giver & he left me, went to sister in IND. + gave her POA. Does that constitute abndoment or wh

Have known each other 20 yrs., 5/31 = married 11 years. He had a cancerous deadly brain tumor partsically removed, 11/05/2018. I took him to 30 Radiation treatments. + other doctor appointments. Called 911 when he had a secure and gave him chest compressions until ambulance came. I told him... Read more »

Bruce Alexander Minnick answered on May 6, 2019

You are focusing on the wrong person. Stop worrying about your (soon to be ex) husband and start taking care of yourself. Whether he abandoned you or not is irrelevant. The State of Florida does not require any reason for divorce. Locate a divorce lawyer in the Springhill area and start the... Read more »

1 Answer | Asked in Family Law for Florida on

Q: I have a motion in place now for supervised visit but the other party will not follow the agreement.

I'm trying to figure out what motion I need to file in order to modify the agreement

Bruce Alexander Minnick answered on May 6, 2019

Draft and file a Motion to Modify Supervised Visitation

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.