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Florida Family Law Questions & Answers
2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

John Michael Frick
John Michael Frick
answered on Jul 11, 2024

It depends on the language of the contractual documents but it is not uncommon for a mortgage company to require a spouse to sign off on giving up his rights in favor of the mortgagor even when title and the loan are solely in the other spouse's name. In that particular situation, the spouse... View More

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Florida on
Q: Will my soon to be ex-husband be responsible for my house loan if not on the note or deed but mortgage?

We are in process of divorce, I close on a house before it is finalized. He is required to sign mortgage but not note or deed. Will he have any rights to my home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 11, 2024

Mr. Frick is substantially correct, although in Florida what he calls "widow's rights" is referred to as "homestead". The mortgagee can foreclose (as is normally provided in the mortgage), but the person who asked this question would have to be named as a defendant in the foreclosure action.

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Separation agreement question

Good morning. In the state of Florida if i need to separate from my husband and he makes more than twice what I make,

can there be a legal separation agreement that will provide me with support for living expenses until the divorce can be processed and finalized?

Mary Elizabeth Quinn
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answered on Jun 25, 2024

There is no legal separation in the State of Florida. If you wish to seek support from your Husband without filing a petition for divorce then you would file a Petition for support unconnected with a dissolution of marriage and request alimony/support. The process is every similar to a dissolution... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can I request temporary physical custody during emergency verified motion for child pick up order hearing?

Currently have physical custody of minor child which was obtained before the Notice of Hearing Before Magistrate.

Destardes Moore
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Destardes Moore
answered on Jun 24, 2024

Additional facts are needed. However, if there is an existing court order, it should specify who has majority timesharing. If no order is in place, the Judge will determine which parent will maintain temporary majority timesharing. Any request for temporary majority timesharing should be included... View More

1 Answer | Asked in Child Support, Family Law and Workers' Compensation for Florida on
Q: How do I get money back from the department of revenue that was taken in a workman's compensation settlement via a lien

They state made a clerical error claiming I owed child support on a child I had full custody of. When I received my settlement the state had claimed I owed 13000 and took half the money even though I never owed it.

Rand Scott Lieber
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answered on Jun 24, 2024

You will probably need to file a motion with the court that issued the child support order to get your money back. Once the order is signed by the judge you can then present it to the agency that is holding your money. Of course, first try to work directly with the agency to get the refund.... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: Can I move out off my home until tells o I am divorced and not get in any trouble and not loose my half of me aets

My husband is calling me names and trying to make me miserable while we are living together being very mean saying he should of bashed my head in and calling me bad names he says he is going to make me miserable until I leave:he thinks if I leave he is going to get me for abandoned the home so... View More

Michael Ferrin
Michael Ferrin
answered on Jun 18, 2024

You can leave the home without affecting any marital rights you may have in the home other than possession and access. Once you leave the home and the divorce is filed, you will not be able to return to the home unless you have a court order or an agreement between you and your husband. Also, if... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: If you father a child with a married woman, who has been separated from said husband for years, what rights do you have?

The one who fathered the child has financially helped the Mother and child since birth. He has been getting her alternate weekends and a few hours every Tuesday and Thursday since she has been able to walk. She is mad at the father at the present and is withholding the child.

Rand Scott Lieber
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answered on Jun 17, 2024

Legally, the man that the woman was married to at the time of the birth is the "legal father." This can be changed but you must take the mother to court on a paternity/ disestablishment of paternity case. You will need to include the man that she is/was married to in the lawsuit. Speak... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: In Florida, how likely would it be that an absent father would get custody and / or visitation? I need some legal advice

Sons dad resides in NY. My son & I reside in FL (son was born here) Sons dad has accused me of parental alienation since the birth of our child. He has always had a phone # to contact me & address. Ex has seen our 8 y/o son twice since he was born in 2015. I brought our son to NY in 2019... View More

Rand Scott Lieber
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answered on Jun 16, 2024

The legal standard in Florida is what is in the best interest of the child. If a parent has been absent for an extended period the court is not going to thrust them together. Reunification is possible but can be a lengthy process. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Do I have to follow me and my exs time sharing agreement even though she doesn't live in her documented state?

I have a time sharing custudy agreement. I also have residential custody of my son that is based out of his mother living in Pennsylvania but she hasn't lived there in years and now resides on the east coast of Florida. Nothing has been changed in the courts on her end. I also live in... View More

Rand Scott Lieber
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answered on Jun 16, 2024

Both of you are bound by whatever it says in your parenting plan. If you want to change the plan then you need to go back to court for a modification. As long as you are both following the parenting plan you can each live wherever you choose. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Family Law and Divorce for Florida on
Q: Jurisdiction:- Florida (west palm beach)Family law matterNeed information (as explained below) re dismissal

Brief overview:

* I am the petitioner / applicant - I filed the petition to divorce Oct 2023 in west palm beach county

* The case was badly managed, various delays / I was badly represented by my US attorneys. I am no longer represented.

* She filed a counter petition... View More

Rand Scott Lieber
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answered on Jun 6, 2024

This may be a question for an Australian lawyer regarding filing there. As far as Florida goes, you can request a case management conference (status conference) with the judge. Look online for the judge's division procedures for scheduling instructions. You have the power to unilaterally... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What would be the next thing to do while waiting on pending information from hearing on petitioner modification filed.

I have a custody case now open and the father of the child will not abide by the court orders as far as parenting plan given from different state. Case was thrown out because of jurisdiction and is now open here in state of FL. What is the next steps so I can get 50/50 here in FL as the case is at... View More

Rand Scott Lieber
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answered on Jun 6, 2024

You are always able to request a case management conference (status conference) with the judge. Look online for your judge's division procedures and there should be instructions for scheduling. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I am currently still married to my daughter’s father we have been separated for four years. We have no custody agreement

My daughter lives with me and sees her father every other weekend and he has never paid child support. I want to move to Alabama so my daughter can grow up with her cousins since we have no family here. Getting a job wouldn’t be an issue and we could stay with family until finding a place to... View More

Rand Scott Lieber
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answered on Jun 5, 2024

If you are still married then you both have equal rights over the child. Technically you can move without his permission; however, if he goes to the court you could be ordered to return. The better path is to either reach an agreement with him or go to court with a divorce/ relocation case. Speak... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Has a pro se registered individual in a divorce case. What is the process to file for a hearing for the court?

JAWS appears to be only for attorneys. I have filed two motions that I want to bring in front of the court.

Rand Scott Lieber
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answered on Jun 3, 2024

Look up the division procedures for your judge online. There should be instructions on how to request and schedule a hearing. There should also be a phone number and/or email for the judicial assistant. That is the person with whom you need to communicate. Speak with a local family attorney for... View More

1 Answer | Asked in Family Law for Florida on
Q: My daughter lost rights to children didn't finish her program her husband is sending kids to mexico to his family ?

They live together still married can she stop kids from going alone to his family she's with children and husband thx

Rand Scott Lieber
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answered on Jun 3, 2024

You need to carefully read the order that says "your daughter lost rights to children." That is where it will say if the father has the ability to send the children to Mexico. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I was married and divorced in Alabama but lived between Al and Fl.I would like my personal belongings that are in Fl

He’s a narcissist and am fearful of being alone.

I have to pack and will need assistance from my son

He can keep the furniture but would like half of the $

Rand Scott Lieber
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answered on Jun 3, 2024

You say that you are already divorced. You will need to read the divorce decree carefully. It should say how your property was divided, regardless of where it is located. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Can my wife change the locks and not let me live in the house
Pamela J. Fero
Pamela J. Fero
answered on Jun 3, 2024

Your wife would need to seek a court order, like a temporary exclusive occupancy order, to have the legal right to change the locks and keep you out. This is something a court might consider in extreme situations, like if there's a concern for someone's safety. But under normal... View More

1 Answer | Asked in Family Law for Florida on
Q: Can my wife change the locks and refuse to let me in my home without going to court

Contract on home is in both names

Pamela J. Fero
Pamela J. Fero
answered on Jun 3, 2024

Your wife would need to seek a court order, like a temporary exclusive occupancy order, to have the legal right to change the locks and keep you out. This is something a court might consider in extreme situations, like if there's a concern for someone's safety. But under normal... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: My wife has 2 children from a previous marriage. We want to move to Orlando. Her ex doesn't work and pays for none of

The kids Insurance or extracurricular activities. My family, her family, and even his family live in the Orlando area. They have 50/50 time with the kids. We have no idea how he pays his bills as he hasn't worked In over a year. What do we have to do to force him to let us move.

Pamela J. Fero
Pamela J. Fero
answered on Jun 3, 2024

Try to talk with the kids' dad. Since you all have ties to Orlando, he might see the move as beneficial too. If he agrees, that's good! Just be sure to get that agreement in writing. If he’s not on board or things are a bit tricky, then you might need to petition the court for... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: My ex wife has an injunction against me. I am attending BIP and on probation. The injunction currently only allows for

Supervised visitation of my 2 year old son. When I complete BIP and get off probation, Does that qualify as a change of circumstance and allow me to modify the injunction to request unsupervised custody of my son at my home? No family case at the moment. We are still married. Divorce has not been... View More

Rand Scott Lieber
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answered on May 31, 2024

You can always file a motion to modify the conditions of the injunction. You do not mention if there is also a family case. You may be able to modify sooner than the end of your program and probation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Is my baby daddy responsible for a potion of the rent even if he doesn’t live with us ?

We split our baby’s expenses half and half and I was wondering if a portion (half of the baby’s room) should be included in the monthly expenses we’re both responsible for. Thank you

Rand Scott Lieber
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answered on May 31, 2024

Child support is a specific amount paid based on the parent's incomes based on a formula in the law. Once chid support is paid the recipient can use it for whatever they want. It is not tied to any specific expens (like rent). Speak with a local family lawyer for more specific advice.

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