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Florida Family Law Questions & Answers
2 Answers | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Can my ex boyfriend move out of state while a paternity action is pending?

A

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 5, 2020

Relax. Your lawyer will handle all these questions and do a good job for you. If you do not have a lawyer you should get one immediately.

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2 Answers | Asked in Family Law for Florida on
Q: ex not allowing to visit my kids bc of the COVID-19 risks not following the court agreement 3 weeks w/out my children

We have a court signed agreement but I can’t spend time with my kids, spring break they where to spend it with me and ex did not allowed, I want to visit them and is not allowing me to do so either. I would not do anything to put my kids in harm ways and I feel she is using the covid -19 as an... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 5, 2020

File a motion in the court.

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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for Florida on
Q: I have a no contact order against the person that has my children,she signed a affidavit saying I'm in contact with her

So now I cannot get in contact with my children.is there any way I could loose my children? I am terrified that will happen,what are the steps I should take to get my children?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

Have you contacted the notary before whom the affidavit was executed?

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: I am in a similar situation as above, when they garnish child support do they take the whole child support

I I am only ordered to pay arrearages and I have been up to date never made a late payment never missed a payment my question to you is will that the law I am in a wrongful-death settlement we are in a wrongful-death gets I $5,000 being the mother my son's Aunt has custody of him she took me to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2020

If you will please restate this enormous unreadable run-on sentence and add some commas to allow us to breath and some periods to tell us when one thought stops and the next thought begins and throw in a few paragraphs with first words capitalized I will come back here and try to help you. Whew.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: The father of my child hasn’t really been around and never provided financial help. Is there anything I can do?

The father of my child has never helped with our child’s utilities. No pampers, food, clothes etc... our child is now 3 and he claims that he now wants to be a part of his life. Is there any way that I can get money for all the three years he hasn’t helped out? I’m really in debt due to him... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 1, 2020

Yes. It's called child support. He can be ordered to pay. Contact the Florida Department of Revenue.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What can I do about this?

My ex moved out of state to NJ during this outbreak of covid-19. We have two children together and I have primary residency here in the state of Florida. He has not notified the courts in anyway about his moving out of state. After a week of being moved he tells me over the phone that he was faxing... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

It appears that he has technically violated the visitation plan. If necessary, you can file a motion with the court which approved it (in your dissolution, I assume). If you seek to have him punished it will probably be a matter of proving how much of a health risk you have been during this... Read more »

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can I change jurisdiction of custody and child support from WV to FL. This is a dom violence situation, we have 2 kids,

Out of my and my families fears, and being turned down 2 times for restraining order. I was granted the motion to move to FL to be close to my mom. However, my eldest (who has special needs) wanted to stay with his grandparents (ex’s parents). Although it was hard, with his history (my son) of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

No, you can't "change jurisdiction". The Uniform Child Jurisdiction and Enforcement Act, which has been adopted by both states, would require that jurisdiction remain with the West Virginia court.

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3 Answers | Asked in Family Law for Florida on
Q: I'm trying to serve my soon to be ex who is on base. He refuses to help and his command wont answer any calls or emails

We cant serve his family like the sheriffs office told us to because his father rejected the serve. I filed an alias summons but now don't know how to serve him because he is on base in NC. He demanded the divorce and is now wont help because he does not want to lose any of the martial money.

Brent T. Geers
Brent T. Geers answered on Mar 30, 2020

You will need to connect with a process server near the base to facilitate service. It will cost money, unfortunately.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: Can I have full custody if my ex is not feeding our girls right, or caring for them good enough?

Please i really need help. My soon to be ex husband used to work as a law enforcement for the last 15 years. He suffers from extreme ADHD which got him retired, even though he is been treated, he has problems sleeping, controlling his anger,and with concentration. My girls hate being with him,and... Read more »

B. Elaine Jones
B. Elaine Jones answered on Mar 30, 2020

You need to consult with and retain a family law attorney to assist you in whatever motions or pleadings that need to be filed. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today and let us know that you found us on JUSTIA. Good luck.

Sincerely,

B....
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What happens to my minor child should I die, (God forbid), before he reaches the legal age of 18? I'm not married.

My son is 13 years old and I have custodial custody of him. I was just wondering if something happens to me before he is an adult, does his dad have to get him? He does not have a good relationship with his dad and he has said to me he does not wish to live with him. He rather go with his aunt, my... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 30, 2020

You need to consult with an estate planning attorney who can help you draft a will that directs what will happen with your minor child.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My daughters mom left when she was 9 mos now shes 4 yrs and wants take her from me and have me pay support

When my daughter was 9months old her mother decided she didnt want to be a mom gave me verbal custody (which I have documented) and left us both and now she is 4yrs old her mom is wanting to take her from me and have me pay her child support is this legal?

Rand Scott Lieber
Rand Scott Lieber answered on Mar 30, 2020

You need to file a Petition for Paternity in your local court to protect your rights. The court will consider what has happened over the past four years when it decides on a timesharing plan for the child. Child support is a right of the child and will be ordered based on each parent's net incomes... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son won’t let me See my grandchildren
Jean Richardson
Jean Richardson answered on Mar 29, 2020

Your son does not have to allow you to see his children! I don't know what type of relationship you have with your son. Perhaps if you improve your relationship with him, that will eventually translate into you spending time with his children/your grandchildren. Best of luck to you!

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: Can a 20 year old financial dependent in good mental state be claimed a runaway by their parents in the state of FL?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2020

What do you mean by "financial dependent" and "runaway"?

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Can I get temp custody of ex husbands grandchildren?

Ages 11 and 15 they are now living w me. Mother addict, father jail for life. I need temp custody for emergencies. Mother is also collecting food stamps and government checks for them that we coukd really use. What should I do?

Mother is an addict, father prison for life. Biological... Read more »

Jean Richardson
Jean Richardson answered on Mar 26, 2020

Have you spoken with mom and dad about temporary custody? It doesn't sound like you are biologically related to the children. Where are mom and dad's parents? You should consult with a local attorney regarding your options.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: I pay child support but I do not have a way to contact ex-wife anymore.

we use to talk but I guess numbers have changed again. Before when numbers changed I knew where she lived but now I have no way to get ahold of her and it has been 6 months

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 22, 2020

And what do you want to know? Do you have to continue paying child support? Yes.

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2 Answers | Asked in Family Law for Florida on
Q: Is there an abandonment law in Florida? My daughters “sperm donor” has never met, nor supported her in anyway. she is 5

He bailed on me when I found out I was pregnant and has never tried to reach out to us. He has never met her nor supported her in any way. My husband has been her only “father” and wants to adopt her. Is there an abandonment law or something to have his rights involuntarily taken away.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 22, 2020

Your husband may seek to adopt her. It may well be that your daughter's biological father's right to object may be dispensed with, but he will have to be given notice.

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2 Answers | Asked in Family Law for Florida on
Q: Ex husband being unreasonable.

My girls 14 & 15 were stayed with me over spring break. Father is the primary residence & school district. During that time, they informed me that their dad was going to make them travel in an RV during the corona virus situation and they were pretty freaked out about it. I contacted him and told... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 22, 2020

No, you can't force him to take them.

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1 Answer | Asked in Family Law for Florida on
Q: I have a 17yrs old daughter very rebellious she does not want to attain to authorithy she wants to do her way o no way

she does wants to follow rules, she is verbally abusive, always in bad mood, she is using marihuana, what can I do

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 19, 2020

The only thing you can do--and SHOULD do--is to stop looking to lawyers to help you control your daughter. Be a parent and take charge.

2 Answers | Asked in Family Law for Florida on
Q: Can my ex deny my visit because covid19? I work in medical field. There are no cases in marion county. What do I do?

It's a court order visit. He said I can make it up later but he lies and I have no documented proof

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 19, 2020

This health crises is NOT to time for divorced parents to argue--about anything. Both parents MUST do what is best for the good of the CHILD. And in this case your spouse is doing so. You need to do so too.

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2 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: I received two letters. In shock. First letter states F.S. 742.021(2). Second support. Meaning?

I know nothing about a child conceived 12yrs ago

Jean Richardson
Jean Richardson answered on Mar 17, 2020

742.021(2) has to do with determination of paternity. Without seeing the letters, I'm assuming someone is claiming you are the biological father of a child and you are being sued for child support.

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