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Florida Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is there any chance to get custody of a child back when u lost battle when she was a baby?

I lost custody of my child and didn’t have any representation in 2013 the year she was born. She was taken from me and I wasn’t in a great place to get her back. Now I live in Florida and own my own home and am married with two boys. She would have her own room and want her in my life I feel... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 3, 2020

You do not say how you lost custody. If your parental rights were terminated then there may be no recourse. On the other hand, if 100% timesharing was awarded to the other parent then you can go back to court for a modification. Speak to a local family law attorney.

Good luck.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Good Day, Is their a way i can take a dna blood test for a child I'm on child support for, that i have never saw?

2004 was told by ex girlfriend i wasnt the father of the child. Come September 2014 I got served papers while living in another state. I Filled out the paperwork saying i want blood test for the child. I dont think that I'm the father. Come January 2015, money start coming out of my check,and... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 3, 2020

You need to look at the pleadings that were filed in 2014-15 to see what the determination was regarding paternity. Depending on what they say you may have a problem because you have waited so long to challenge the finding (at least in court). It is very difficult to recover child support that has... Read more »

1 Answer | Asked in Family Law and Adoption for Florida on
Q: My son wants to present his stepdad with papers to petition for him to adopt him for Christmas. Where can I get them

I’m his biological mother and his father is deceased since 2015. I do have the death certificate. My son is 17 and has asked me to help with this. I’m willing to give my consent. I just need the paperwork for him to petition and don’t know where to find it without him knowing until Christmas.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 2, 2020

Google petition for adoption in Florida.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: My 1.5 year old son has my last name, but I am not on the birth certificate. How do I go about getting shared custody?

My son’s mother threatens to leave the state and never allow me to see him again. I want to be on the birth certificate and have shared custody. She does not cooperate.

Rand Scott Lieber
Rand Scott Lieber answered on Dec 1, 2020

You need to file a Petition for Paternity with the court. You will then get a timesharing schedule, your name on the birth certificate, and mom will not be able to relocate without permission.

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: I recently discovered my ex husband provided false documents during our child support final hearing. What do I do now?

My ex husband provided false financial documents to the court in order to evade paying back child support that he owed. He provided a different set of 1099’s, tax returns and commission payments to the court than what the IRS reflects. A final order for our child support case was entered in April... Read more »

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

You can file a motion to set aside the prior child support order based on fraud. You will then have the opportunity to show the fraud and argue why the order should be different.

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: How do I terminate child support in FL

Both my ex and I live in Florida now and both of the kids have been living on their own for a year and are not enrolled in school. 19 and 22. My ex does not want to terminate for fear that he will have to back pay the money he has received. Florida Child support is stating that he has to request... Read more »

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

You have the right on your own to file a Motion to Terminate the child support. You do not need the other parent's agreement.

1 Answer | Asked in Family Law for Florida on
Q: I cohabitated with partner since 1985 to day he passed away in 2018. We made each out to be husband and wife

from beginning. We lived in New York and also had a house in PA. Since common law was not recognized in NY, we bought a house in PA where we made each other to be husband and wife in 1994 as he was still married. We travelled to PA during the month when we were not working for yrs. WE have been... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Nov 23, 2020

The State of Florida does not recognize common law marriage. In fact, most states do not. You do not say why you want it recognized but depending on the reason, you may want to consult with an attorney that has that area of expertise.

Good luck!

1 Answer | Asked in Family Law for Florida on
Q: my gf's mother is with holding access to all of her bank accounts what can she do

My Girlfriend turned 18 in march and in a bid to maintain control over her her mother refuses to give her sole access to all of them and remove herself from the accounts legally speaking what can my girlfriend do to stop this

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 23, 2020

Tell her to open a new account at the same bank as the joint account and then transfer her money from the jint account to the new account.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I am separated from my wife

I am separated from my wife she walked out on me and my 11 year old son and 21 year old step son about 3 weeks ago since then she had moved in with 2 guys into a hotel part of the Arian brotherhood they came over to my house set me up had me arrested now I have a no contact order where I can’t... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 21, 2020

If I understand your question correctly, you want to know if you can remove your son (your 21 year-old step-son is an adult) from the state while you are being charged with some crime involving the Arian Brotherhood guys and your wife in the hotel. Yes, you can unless some condition of release... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Florida on
Q: Can I be charged of rape if I come with my girlfriend to the U.S. on vacation? I’m 18 and she’s 15, we live in Brazil.

The legal consent age is different over these, so I’m wondering if I could be in trouble while being in u.s. territory.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 21, 2020

Certainly, if you have sex with her when you're here; you can be charged under the laws of whichever U.S. state you are in.

2 Answers | Asked in Family Law for Florida on
Q: Do I use the gross up method if the non majority parent doesn’t exercise his 20% overnight visits?

He voluntarily moved out of state and says the gross up method doesn’t apply to our situation since he chooses not to exercise his 20% of overnights

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Your question is confusing. Gross up is when the tables go through calculations twice to determine child support. Once for the child's basic needs, and the second time for a "gross up" of additional needs from spending extra time with the second parent. The gross up calculation... Read more »

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1 Answer | Asked in Adoption and Family Law for Florida on
Q: My sons bio dad is not on the birth cert and no contact in 3 years. Can my fiancee adopt him without involving the bio?

My sons biological father is not on the birth certificate and paternity has never been established. My son is about to be 6. Bio dad (an incarcerated violent felon) has not seen him since he was 6 months old and has made no effort to contact is in the last 3 years. Can my fiancee, who has been in... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Yes! You need to do a step-parent adoption which includes checking if the biological father registered himself in the Florida putative father registry. If he didn't, which most men do not do, then there is no need for consent from him. His rights would be terminated in the adoption. But you... Read more »

2 Answers | Asked in Family Law for Florida on
Q: Can an unwed mother, who has sole custody of the child, change the childs name without consent of the father florida law

I am unwed mother. Father is listed on birth certificate but has not established parental rights. I want to change the child's name, do i need consent from non custodial father.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Yes, you will need his consent or you will need to have him served with the petition for name change. If he is served and does not object, then you can go forward without his consent. If he responds, then you will need to convince the court why the name change is in the child's best interest.... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: Can an unwed mother, who has sole custody of the child, change the childs name without consent of the father florida law

I am unwed mother. Father is listed on birth certificate but has not established parental rights. I want to change the child's name, do i need consent from non custodial father.

Jonathan  Jacobs
Jonathan Jacobs answered on Nov 18, 2020

You have asked a great question and one that many people ask their lawyer. There is a notice requirement in Florida when changing a minor child's name. You will need to demonstrate to the court that you have made diligent attempts to notify the father of your child. You may wish to hire a... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: in a custody battle, how do i get help for my kids involving a step parent who tries to divide my kids from grandma?
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

This sounds like a complicated issue that will require more details to assist with. Neither the step-parent nor the grandma has rights to the children. Therefore if one is causing alienation from the other, there may not be much the court can do. But it is a child's right not to be spoken to... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Tengo un caso abierto aca en Orlando Fl y quisiera saber si me pueden ayudar?

Mi nombre es xxx y el caso mio es de custodia de mi hija quisiera saber si me pueden ayudar con mi caso y exponer el caso oh a donde tendria que ir por ayuda Les agradeceria de antemano espero respuesta pronto lindo dia.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Si usted tiene un caso en Orlando, necesita consultar con abogados en Orlando. Esta pagina ayuda con preguntas individuales. Tambien puede buscar abogados que esten localizados en Orlando en esta pagina.

Buena suerte!

1 Answer | Asked in Family Law for Florida on
Q: Can my visitation order be moved from Ohio to Florida?

My son and I moved to Florida in 2013. All the visitation and child support paper work was done in Ohio right after we moved (that’s where his dad lives and where we moved from). Recently Florida took over the child support portion because I lost my job and needed to get my son on state insurance... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Once your child has been in the State of Florida for more than 6 months, you are able to domesticate or establish your case in Florida and request a modification. You do not need to go back to Ohio to make changes. But what your son wants is not a good enough reason not to send him to his... Read more »

3 Answers | Asked in Divorce and Family Law for Florida on
Q: Do I have any legal recourse to be repaid my inheritance that my ex took?

Do I have any legal recourse in getting my inheritance back from my exhusband in our divorce. While married I received a sizable inheritance that he borrowed/took and purchased himself a car, motorcycle and spent approximately 50k shopping. The motorcycle and car are in his name only.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 18, 2020

Like many things, it depends. It depends on whether you were aware he was using it, depends whether the funds were commingled with marital funds, depends on if the assets are still around... anything purchased during the marriage is marital even if it's in only one person's name. You... Read more »

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1 Answer | Asked in Family Law and Child Support for Florida on
Q: Is the “gross up” method used in Florida child support guidelines if non-majority parent doesn’t exercise 20% overnights
Rand Scott Lieber
Rand Scott Lieber answered on Nov 12, 2020

In Florida, the gross up discount begins at 72 overnights (20%). The calculation is based on the number of overnights in the parenting plan. If a parent is not exercising the number of overnights designated in the parenting plan then you need to go back to court for a modification.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I have full custody of my kids and their dad has 3hrs a week visitation which he never took.

The judge told me i cant move my kids out of ny state. I moved to florida 5 years ago and florida set support to 650. I think my kids dad will tell the courts i left so he wont have to pay that. since i been here so long and the kids and i are established can the judge force me to move back to ny?

Destardes Moore
Destardes Moore answered on Nov 12, 2020

You will likely need to consult with an attorney in NY to determine what document you would need to file under the circumstances. In Florida, the document that must be filed is called a Petition to Relocate. If the opposing party does not agree with the relocation and you moved contrary to the... Read more »

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