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Florida Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can my 12 year old daughter decide to live with me the mother rather than her grandmother the father's mother?

We went to court and he got primary custody because it was in the middle of school year he now left to work out of state and left her with his mother to live .his wife did not want for her to stay in their home. My daughter does not want to be with grandmother and the school year is about to start... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Jun 30, 2022

You can file a petition for modification as long as you prove it's for the child's best interest to live with you. Act the soonest.

1 Answer | Asked in Uncategorized for Florida on
Q: Does statue of Limitations ends when you are arrested or when the prosecutor file the charges
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2022

A statute of limitations prevents the state from CHARGING you after a specific period from the alleged crime. If you are arrested, you can be charged until the period of the statute of limitations has expired. On the other hand, if you are arrested but not charged, you can seek to be released.

1 Answer | Asked in Uncategorized for Florida on
Q: What type of lawyer should I obtain if I am suing someone for UTMA fraud?
William Jaksa
William Jaksa
answered on Jun 30, 2022

Are you talking about Uniform Transfers to Minors Act (UTMA)? If you are suing someone you should be looking for a litigator, financial malpractice litigator.

https://www.toronto-criminal-lawyer.co/services/fraud-charges/

1 Answer | Asked in Contracts, Family Law, Child Support and Probate for Florida on
Q: How do I put a lien against my ex's grandmother's will?

She recently passed away and he is getting an inherent.He owes me 16yrs of back child support.

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 30, 2022

You don't. You hire an attorney, asap.

1 Answer | Asked in Civil Rights for Florida on
Q: Question about civil court process.

The plaintiff sued us for repairs in the apartment. We wrote objections to the claim. Plaintiff filed a motion to dismiss our Affirmative defense. Tell me please:

1. In the event of an Affirmative defense exception, do the terms and deadlines for the process remain unchanged? the process... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 30, 2022

You need to schedule an appointment for a consultation with an attorney to help you with the issues you present. Which procedures apply, and how they affect your pleadings, depends on which court you are in (i.e., small claims or other court). Also, some of your terminology, such as... Read more »

1 Answer | Asked in Traffic Tickets for Florida on
Q: Can I sell a motorcycle that I could a ticket for no registration before the court date.

I was riding my motorcycle unregistered because I’m tight on money and my truck is not drivable right now.

I got stopped and ticketed for it and I’m wondering if I can sell the bike to have more money now and not have issues with the court. I’m hoping it would be okay. Or at least... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2022

No, when you were ticketed, the bike was not registered, so you are guilty. But if you get it registered before the hearing date, it is possible that the charges could be dropped.

1 Answer | Asked in Elder Law for Florida on
Q: Do I have to pay for my grandmas home bill?

I live in Tampa, Florida and my grandma recently had to move into a facility for elderly. This happend while I wasnt even in the country. I never signed anything and I am no responsible for my grandma since i am legally disabled myself. She actually is my payee. I only live off of SSI benefits and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2022

She is paid your SSI benefits? That doesn't matter; I see no reason you would be required to pay for her living in the facility,

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I am trying to get out of my lease without paying a liquidated damages penalty, so I would like to hire a lawyer to

negotiate with my landlord.

My question is, does it matter if I hire a lawyer out of state?

I know a good lawyer in New Jersey, but I am living in Florida.

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

Your lawyer cannot practice in a state in which he is not licensed. It's probably not practicing law to negotiate a payment if no suit has been filed, but the choice must be made by the attorney.

1 Answer | Asked in Criminal Law and Probate for Florida on
Q: Can a person be charged with felon in possession of a firearm if the firearm was found in another person’s possession?

To clarify, the firearm was found in another person’s possession but has both sets of fingerprints.

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

Can he be charged? Sure. Will he be found guilty? No way to tell.

2 Answers | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: What kind of lawyer do I need? And what are the charges?

I’m a Malaysian. Bought a land with LLC years old in Fort Myers. The land was put into an auction . Received a surplus check. But could not claim it due to it is in LLC .

I need someone to help me in claiming the surplus. What kind of lawyer do I look for . And how much is the charges?... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

You may be able to reinstate the LLC by paying the required amount to the Department of Corporations. If that's possible and the LLC is once again active, you may be able to negotiate the check. Checks have an expiration date, so you don't want to wait too long.

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1 Answer | Asked in Business Law and Contracts for Florida on
Q: Is an email enough to modify the terms of a contract?

I am deciding whether to sign an agreement between myself and a bank for card processing services. The merchant agreement states there is an early termination fee, but I was able to get the bank to agree to waive the fee via email. If I sign this agreement as written but retain a copy of that... Read more »

Jane Kim
Jane Kim
answered on Jun 29, 2022

Your written agreement reflects final terms and would likely exclude any oral or written understandings outside of the written agreement unless incorporated by reference as an addendum or exhibit.

1 Answer | Asked in Real Estate Law, Tax Law and Banking for Florida on
Q: I’m from Malaysia , years ago I bought a land with LLC, tax wasn’t pay , company not active.

Then the land was put into auction I think. Now they gave me a surplus disbursement check . I cannot claim it directly with my name ,on my country. How can I claim the money. I was planing to open another LLC same name but my country don’t have LLC. They have LLP or BHD . Or Can I hire a lawyer... Read more »

Jane Kim
Jane Kim
answered on Jun 29, 2022

A lawyer cannot "claim" it for you, but can help you navigate this transaction. I recommend contacting the county or whomever issued you the check to re-issue it to you individually in your name. If that does not work, you may need a lawyer to figure out next steps.

1 Answer | Asked in Criminal Law for Florida on
Q: Can I be charged with a crime?

I used a notary to do a quit claim deed from my property to my mother. Then my mother informed me that she doesn’t want the property. I changed the document quit claim deed transferring the property back to me. I did not go back to the notary. I signed her name on the document because I thought I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2022

If you signed your mother's name on a document, yes, you could be charged with forgery. But it is unclear exactly what you did. The deed had been signed by you and your signature was notarized, what was written above the forged signature of your mother, something to the effect that... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Florida on
Q: If I decide to get an abortion, Can I sue the doctor or facility in the event of injury to my body or if I died?
Charles M.  Baron
Charles M. Baron
answered on Jun 28, 2022

Abortion care and any other kind of medical care must meet certain professional standards. If there is negligent conduct that is deemed to fall below those professional standards, and the negligent conduct is determined to be the cause of injury or death, there would be a potential medical... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: Performance Review, can the employer refuse to give the employee a copy after initials given acknowledging the review?

I disagreed with the Supervisors assessment scores, but acknowledged the review with my initials.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 28, 2022

Yes. Your initials on the review acknowledge only that its contents were reviewed with you, not that you agree with the review or were provided a copy of the review.

1 Answer | Asked in Immigration Law for Florida on
Q: I am a Kosovam citizen currently on a work and travel visa for 4months. Can I convert my visa to a student visa?
Yohan Zingile
Yohan Zingile
answered on Jun 28, 2022

You can change status to student visa. You need to meet the requirements to get a F-1 visa, get accepted into a school that is certified by the Student and Exchange Visitor Information System and authorized to issue to received for international students. We need to assess your situation in details... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I have paying my daughter's mortgage since 2008 including water and electric bill.can I requested a share if they sellin

If they are selling can I request a share of the sale of the house

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 28, 2022

Let's be clear. You are not on the mortgage but have voluntarily paid your daughter's mortgage since 2008. Your question is if your daughter elects to sell her house, can you ask for a share of the proceeds.

The answer is no, and yes. You are a stranger to the mortgage company -...
Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Will a Florida Judge order my 13 year old daughter to be returned to her grandmother that lives in a retirement home?

My mother has custody however my mother surrendered my daughter to me in 2018 and decided to cut ties with us. she came back into our lives in 2020 only to create more problems for me. Now in nasty custody battle and we have a hearing for next week to see if my daughter would be returned to her... Read more »

Mr.  Joseph Lafayette Gufford III
PREMIUM
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I really need more background on the case to get an understanding of the nature of the claims being made and the procedural history of that matter. Courts are almost always going to recognize the superiority of a parent over a non-parent. That being said, there are situations such as abuse ,... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: I need some answers on how I can get my child back. My child was taken because of domestic violence

My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52

Mr.  Joseph Lafayette Gufford III
PREMIUM
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I’m not sure if the injunction was a civil one, a DCF injunction or a criminal no contact order. It may be a combination of things. In any event, you need to file an action for dissolution of marriage or a paternity action. I would strongly suggest that you hire a qualified family law attorney to... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What controls can I place on a12-year-olds' cell phone given to him by his non-custodial mother?

My son has a smartphone that his mother gave to him without discussion with me. The phone has a lock code that his mother will not share with me and she has instructed the child to not share it with me. Our parenting agreement has no mention of cell phones to guide us. I have parental controls on... Read more »

Mr.  Joseph Lafayette Gufford III
PREMIUM
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

This is a shared parenting issue and may possibly be addressed in your parenting plan under communications. If not it is still a shared parenting issue . You should consult with a qualified attorney to discuss the situation and give a good analysis as to how to proceed forward

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