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Florida Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: If a personal representative in Florida misappropriated funds/commits fraud against disabled beneficiary

We're removing PR and resending Letters of Administration due violations under 733.609. Beneficiaries are close blood related. One is permanently disabled. Is there a criminal code for defrauding - intentionally & knowingly, a disabled adult. Under 733.609 PR has violated every aspect of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 1, 2024

The PR is required to be represented by an attorney if there is more than one beneficiary to a Will. Since there are more than one beneficiary, the PR is required to have an attorney. First, why have not mentioned what conversations you've had with the PR's attorney? Second, chapter 733... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My estranged husband has been sending harassing messages.

I've been separated from my estranged husband since December 2023. I tried to get the divorce earlier in 2024 but he refused to sign the paperwork out of spite; I paid for everything and only wanted his signature. He is an angry, abusive, and hateful alcoholic. After receiving harassing and... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 30, 2024

If you have filed for divorce then you have been assigned a judge. Schedule a hearing with the judge and explain what is happening. You may need to file a motion. It can be handwritten explaining why you want the hearing. Judges have a judicial assistant who you may be able to call on the phone for... View More

2 Answers | Asked in Divorce and Family Law for Florida on
Q: I am going through a divorce, I bought myself a car and he is trying to take it for alimony. Can he do that?

He left 6 yrs ago he has been fighting child support in courts haven’t finalized divorce.

Paul Michael McDermott
Paul Michael McDermott
answered on Sep 26, 2024

Probably not. In a Florida divorce, typically the asset (car) division is handled first and then the issue of alimony is addressed. Also, if you purchased the car after the filing date, then it would be considered your separate, non-marital property. Sounds like you need a lawyer to finalize your... View More

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1 Answer | Asked in Adoption and Family Law for Florida on
Q: If my aunt got my child in a open adoption, can she refuse me any and all communication with my daughter?

I was under the understanding I would be able to call, write, minimal visits when I got sober. That was back in 2011-2012. 2014 I got sober and have reached out multiple times through messages and other family members. I have 2 other children now that want to know their sister. Do I have any leg to... View More

Pamela J. Fero
Pamela J. Fero
answered on Sep 25, 2024

Review and check for any explicit terms in the adoption agreement regarding your rights to contact. If you don’t have a copy of this agreement, obtaining one would be crucial. If possible, consider proposing mediation to your aunt. A third-party mediator can help facilitate a discussion and... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I live in Florida. My children live in ny. How do I go about getting custody or at least scheduled visits?
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2024

If your children have lived in NY for longer than six months then you need to file for timesharing in NY in the jurisdiction where the children live. If you were never married to the other parent and have never been to court then it would be a paternity case. Speak with a local family lawyer for... View More

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What does reunification generally look like in Florida?

Father has been absent for 4 years (since birth) and now wants to petition for custody out of the blue. Is mental health counseling generally a part of the reunification plan? How long are the gradual steps for reunification? Will he ultimately get to 50/50 custody? I just want to understand whats... View More

Destardes Moore
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Destardes Moore
answered on Sep 17, 2024

Reunification varies based on the specific circumstances of each case. If mental health concerns are raised in the pleadings, evaluations may be ordered. Initially, supervised timesharing is often implemented when there is a significant gap in time, and the child is unfamiliar with the other... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: How do I know if I am actually divorced?

I got married in Florida in July 2005 after knowing my exhusband for only three months. After we were married I learned he is a criminal, has mental issues, and he became very abusive. He spent the majority of our marriage in and out of Jail & mental hospitals. I left multiple times but he... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 12, 2024

You may want to hire a private investigator for this. If the divorce happened in Florida then you should be able to find a record of it. If it in fact never happened then you can file a divorce now. In the final judgment you will need to include that he has no legal rights to any of your property.... View More

2 Answers | Asked in Divorce, Real Estate Law and Family Law for Florida on
Q: My wife and I are getting a divorce she's making me high a second mortgage that's for her in what I agreef to pay her.
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 7, 2024

I would not be doing anything without a conversation with a family law/divorce attorney, that said, I would not give her anything until and unless you get it in writing that this is a post-nuptial complete agreement or similar, last thing you want is to pay out per agreement and find out soon... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is there any laws for default jurisdiction?

My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.

I dismissed her because we weren’t in... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

Every state has a jurisdiction requirement for filing lawsuits. In Florida (and many other states), in order to file for divorce one party has to have lived in the state for at least six months. Wherever you decide to file, you must meet the jurisdiction requirements. Speak with a local family... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is there any laws for default jurisdiction?

My family lived in Florida for 1.8 years. We went to Mississippi to help wife’s family for 5 months and retained our residence in Florida. things got bad and I brought our children back home to Florida. We both filed for divorce in each state.

I dismissed her because we weren’t in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2024

You indicated that each of you "dismissed" the other spouse. A party to a case cannot dismiss a case filed by another party. Do you mean that the respective courts dismissed both cases? If so, when a motion to dismiss was filed, you should have responded that you "retained [y]our... View More

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have out state parenting plan from GA and would like to enforce that in Tampa Florida.

Do you know if that can be done and how?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 6, 2024

As long as one of the parents or the child lives in Tampa then you can file a motion for enforcement. You may need to attache a certified copy of the Georgia court order (parenting plan). Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Who can I call to see my daughter legally
Destardes Moore
PREMIUM
Destardes Moore
answered on Sep 4, 2024

The answer to your questions depends on the specific facts of your case. If there is a timesharing order in place, you must adhere to the terms of that order. If the opposing party is violating the order, you can file a motion for contempt in the same court where the order was issued. If no... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Is a default judgement bad for the plaintiff in a divorce case?

I’m getting divorced and my ex wife and me may or may not have a kid together. I’m here in Florida and she moved to Tennessee and she refuses to do a DNA test or respond to my attorney. She’s been served and her 20 day response time expired 2 months ago. I’ve paid for mediation but the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 2, 2024

The answer to your question depends on what relief you are seeking. If you just want to get divorced then a default can help end the case. If there is a child involved then the court cannot rule on children's issues with a default so those issues are reserved, but you still get divorced. If... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: Sister is living in mom’s (deceased) home and she wants 2 other siblings that don’t live ther to pay 1/3 of the mortgage

My sister, her children and their father live in the home that our mother (deceased) owned. My sister wants our brother and I to pay 1/3 of the mortgage even though we don’t live there. She also wants us to be equally responsible for any and all repairs. What is fair in this situation? Should we... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 30, 2024

The home needs to potentially be probated, the most recent deed needs to be reviewed, but likely a probate related to the home needs to be done. Anyone living in the home should be paying FMV rent and paying the expenses while living there, the potential taxes could be split into 1/3. Ultimately... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: I am getting divorced and my ex started a business with a partner in 2020.

I joined the business and worked for over a year. When my husband wanted a divorce, he told me not to come back to work. Am I entitled to a portion of the business? He left me destitute with no job.

Pamela J. Fero
Pamela J. Fero
answered on Aug 13, 2024

Generally, any asset acquired or enhanced during the marriage, including businesses, is considered marital property. The business you and your husband started or worked for during the marriage is likely considered a marital asset if it was started or significantly grown during the marriage. The... View More

2 Answers | Asked in Family Law and Real Estate Law for Florida on
Q: hello, i am co-owner of a home and piece of property in Citrus county. Can the co sell w/o my ok?

this is strictly a vacation home no one lives there fulltime. property was left to me and my brother in mothers will. brother died last year and his widow now wants to sell their interest in home/property. can i prevent this. thanks.

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 6, 2024

I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. You would want to review the deed and the manner in which the property is held as a result of your mom passing and her probate. Depending on what happened in your mom's probate... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi my ex spouse continues to violate our agreement, Do I have to open a new case? or can I file under the old case?

We have not been in court in some time

Pamela J. Fero
Pamela J. Fero
answered on Aug 7, 2024

If your ex-spouse is violating a court-ordered agreement, such as a custody, visitation, or support order, you generally do not need to open a new case. Instead, you can file a motion or petition to address the violations within the existing case. Depending on the nature of the violations, you may... View More

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1 Answer | Asked in Family Law for Florida on
Q: If an adult follows me home and in a minor and then they proceed to record me without my shirt on can i sue?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2024

No. A civil case (when one person sues another person) generally requires money damages. It doesn't appear that you have suffered any damages.

And such a fact scenario doesn't suggest that a crime has been committed either, assuming you took your own shirt off.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can I be required to provide transportation to and from school for my child during his mothers custody time
Pamela J. Fero
Pamela J. Fero
answered on Jul 30, 2024

Carefully read through your current custody agreement or parenting plan. It may already include provisions regarding transportation responsibilities. Speak with the other parent to discuss and negotiate transportation arrangements. Sometimes, an amicable agreement can be reached without going to... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If my husband, who is deployed, is served in a civil matter at our residence, am I legally required to accept for him?

Florida. His ex-wife filed some paperwork related to custody and I am not comfortable signing for legal documents on his behalf (I do not have a power of attorney during his deployment). Am I legally required to do so or can I decline?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2024

Vald service of process doesn't depend on whether the person the process server hands the summons to agrees to accept it. If the process server gave the summons to the person who answered the door, and the defendant's residence, the defendant has been served. You shouldn't be asked... View More

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