Lawyers, Answer Questions  & Get Points Log In
Florida Family Law Questions & Answers
1 Answer | Asked in Family Law for Florida on
Q: Do I have to disclose finances before paternity is established
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Sep 29, 2022

Yes. You will have to comply with mandatory disclosure. You need to fill out the financial data to determine future support.

1 Answer | Asked in Family Law for Florida on
Q: My case was Ordered to Private Mediation. It is stated that "within 10 days the PARTIES may agree upon a mediator".

My ex husbands lawyer chose the mediator with out asking if I agreed. I was unhappy with the decision. This same mediator had previously not conducted mediation appropriately. He was giving me bias awnsers such as "Well Judge --- won't go for that. He never does." I than spoke with... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 27, 2022

I agree with Mr. Minnick, but don't think that the mediator saying that the judge wouldn't go for something indicates that the mediator is necessarily biased.

1 Answer | Asked in Family Law for Florida on
Q: Can I throw out my exes things that he left when I kicked him out? He said he will come back for them and hasn’t.

I gave him 30 days to get out which are up on Friday. He moved over a week ago and left stuff at my house. Some is junk some is worth value. Can I throw it away without getting into legal trouble? For 3 days he said he would get it and hasn’t. Now he ignores me when I ask. His family won’t... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 27, 2022

Unless you want to continue this acrimonious relationship, I suggest you hold on to the stuff for at least 30 to 60 days and WRITE LETTERS to your ex and to his family just to have written proof that you did not steal anything.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If a child has been living with grandparents, but there is no legal custody arrangement, can grandparent deny the mother

If there has been no court ordered custody or guardianship arrangement, Can a grandparent, who has been caring for a child for an extended period of time, deny the mother the ability to take the child back? And can they make rules denying the parent from having the child stay with said parent... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Sep 26, 2022

If there is no court ordered custody arrangement, there is no reason the grandparents keep the child from you, unless there are proofs you are unfit to care for the child and they appeal for custody for the child. Speak to lawyer to know how best to proceed with your case.

View More Answers

1 Answer | Asked in Family Law for Florida on
Q: Can a wife kick her husband out of the house if he has committed adultery in the state of florida? He signed a prenup.

Deed is in her name and her mother's. They have been married 4 years

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 26, 2022

I am assuming that you and your spouse live in Florida in order to answer this question. You can file for divorce. You can file for exclusive use of the home, meaning that he would have to leave the house. However, adultery is not an "automatic" reason for one spouse to be "kicked... Read more »

1 Answer | Asked in Family Law, Child Custody and Military Law for Florida on
Q: Will a POA suffice so I can take over my husband’s coparenting agreement while he is in school for his new assignment?

My husband, who is in the Air Force, is leaving for about five months to tech school to cross train to his new AFSC. There is a parenting agreement in place for my stepdaughter and right now we have her every other weekend (Friday - Monday). Will a military POA suffice so I can take over my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

The Judge was the ONLY person who established your husband's visitation rights, and the Judge is the only person who can answer this question. Do NOT rely on a "military POA." Ask the Judge.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: how can I protect my new spouse from my child support case in Puerto Rico?

my ex girlfriend may open a child support case on me if she finds out i am newly married. Can my pre nup in Florida protect my new wife from my ex trying to add my new wifes personal income for child support case in Puerto Rico?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 23, 2022

The mother of your child cannot force your wife to pay child support in Florida, whether the mother sues in Florida, Puerto Rico, or elsewhere. Child support would be your obligation, not that of your wife. If your ex does file for child support, you and your wife probably should not own property... Read more »

1 Answer | Asked in Family Law for Florida on
Q: I am divorced over 17 yrs kept the married name but want to change to my Maiden surname.

I have 4 children all over 19 actually the youngest will be 20 this Nov. Who also want to change their last names to my Maiden name. I would like to know how we start. Florida residents. Thank you.

Destardes Moore
PREMIUM
Destardes Moore
answered on Sep 22, 2022

You would need to file a Petition for Change of Name (Adult). The Petition and Instructions can be obtained at the Clerk's office or online. Good luck!

1 Answer | Asked in Family Law for Florida on
Q: The right to first refusal clause. Does it pertain to me as a stepfather?
Emily Konicek
Emily Konicek
answered on Sep 21, 2022

It depends on what your agreement says. If it's silent, then most likely you must ask the other parent first before you are able to watch the child.

2 Answers | Asked in Child Support and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

The mother of my child filed a lawsuit against me for child support money. I haven’t worked in three years due to work injuries and I’m unable to work because of my restrictions. I send my medical files to the department of revenue. I asked them to modify my support payment. Even when I was... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 20, 2022

You must deal directly with the court that issued the child support order. File a motion and explain your situation. Timesharing and child support are not directly related, meaning if one parent withholds the child that is not a reason to not pay child support. You are raising complicated issues... Read more »

View More Answers

2 Answers | Asked in Child Support, Social Security, Divorce and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Sep 19, 2022

File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.

Talk to your attorney to know how best to proceed.

View More Answers

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I was on child support with my ex husband and he gave me the kids because he no longer could care for them and now that

They are grown he is seeking back child support for the time I had them. What can I do?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2022

You need to get a hearing before the court that issued the child support order to explain what happened. You should have returned to court when he gave you the children. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My decree states 880 per month child support for 2 children. 1 child turns 18 soon. Decree doesn’t state 440 per child.

When my child turns 18, he has graduated HS, will my supposed now be 440 per month?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 19, 2022

You should speak with a local family law attorney to recalculate your child support for one child. It does not automatically go to half and it could even be lower than half. More importantly, you want to record the change with the court so that you are protected if there is a dispute in the future... Read more »

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My decree states 880 per month child support for 2 children. 1 child turns 18 soon. Decree doesn’t state 440 per child.

When my child turns 18, he has graduated HS, will my supposed now be 440 per month?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 17, 2022

That would be a reasonable assumption. But if the person to whom you pay child support (payee) disagrees, you had better apply to the court to have the decree clarified.

View More Answers

1 Answer | Asked in Family Law and Civil Rights for Florida on
Q: Im sueing a district county how do i serve the lawsuit against a county in a state

Im suing an administrative judge and the county he works, for deprivation of my rights under the color of law, I need to serve a warning of rights violation and a letter of intent to sue to the county but I dont know who in the county i need to have served the summons once I file the lawsuit where... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 16, 2022

You should retain counsel to review your case before you actually file it. Judicial officers and prosecutors have immunity from suit with very rare exceptions.

1 Answer | Asked in Family Law for Florida on
Q: A Dcf worker came to see me bc the school made so Alligation about drug in my house do I have to take a drug test if o

The Got my son with some mariguana in his book bag and now the dcf worker want me to do a drug txt do I have to

Charles M.  Baron
Charles M. Baron
answered on Sep 13, 2022

If DCF does not have a court order requiring the drug test, DCF can ask you to take a drug test but cannot make you take a test. However, if you refuse testing and there is information that they think indicates that your use or possession of drugs endangers your child, DCF might take legal action... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If my 19 yr daughter moves out of the house with her mother and lives with her boyfriend and works do I still pay child

support the the mother

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 13, 2022

In Florida child support terminates at 18 or high school graduation if later. First you need to read your child support order and see what it says. Second, if you do owe child support and the child is working you can go to court for a reduction based on the child's earnings. Speak with a local... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My wife and I are getting divorced. My truck is in her name and her vehicle is in mine. Can I take mine back?

This is in Florida. Both vehicles are solely in the other spouses name. I am trying to take the one in my name and give her the one in her name until we get divorced and can figure it out in court. She is objecting but the divorce has not been filed yet. Both vehicles are being financed

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 12, 2022

You do not mention if the other party is objecting. Generally when a divorce is file the expectation is that both parties will maintain the status quo, financial and otherwise. You should continue to use the vehicle that you have traditionally used. If that requires a change then you must either... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My daughters father who had physical custody has passed away in Florida. Now I have my daughter

Our custody agreement is from Kentucky. I’m I required to transfer and change the agreement it in the courts in Florida?

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 12, 2022

If you are still the legal parent of the child and only shared the child with the father then why is an agreement needed at all? Besides a family lawyer you may need to speak to a probate lawyer (a lawyer that handles estates after someone dies). If you had your parental rights taken away that is a... Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence, Family Law and Landlord - Tenant for Florida on
Q: the father of my child moved me into his home a year ago. Can he kick me out even if i have nowhere to go with my kid?

he gave me 1 month to leave his house because I caught him cheating. It escalated where he put his hands on me in front of my child. I called the police and reported it. I don't have family around so I have nowhere to go right away. I haven't worked in 6 months, he's been paying all... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 10, 2022

No, he cannot just kick you out like a dog. If you have stayed there for longer than 30 days, then he has to take legal steps to evict you. If you are married then different rules apply. But if you are just a houseguest, then he first has to serve you a notice to vacate, and then he has to file an... Read more »

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.