Get free answers to your legal questions from lawyers in your area.
I took an individual to a concert and paid for a ticket for them, offering to pay for this ticket. This person verbally agreed to pay me back, and was unaware of the ticket price when being bought. A week later we ended things between us and I demanded the payment back, to which over text message... View More 
answered on Nov 19, 2024
You'd have a valid claim if "offering to pay for this ticket" means that from the git-go, it was an agreement for you to obtain the ticket on the condition he/she pay you back for it. If "offering to pay for this ticket" means making a gift of the ticket, you would not... View More
My salary is $110k. Hers is $135k. We have three kids.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2024
Yes, property acquired during the marriage, except for inheritance is considered marital property. Florida is a 50-50 equitable distribution state. This means that, any interest acquired in any assets during the marriage is subject to equal division. This does not matter if her income is more. One... View More
I've tried asking a family law lawyer who said since the child is above 18, it becomes a guardianship issue. They gave me 3 guardianship lawyers. I called two and both said it would be family law. So I went to the FL child support website and called their number. They said child support is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2024
Generally child support issues fall within family law. However a case related to the disabled child must be filed before the age of 18 for the family law courts to have jurisdiction over the matter beyond the age of majority. So the question is, was there ever a case that was initiated that child... View More
My son went temporarily to MI while I was incarcerated. I still have full custody. I am doing well and would like my son to be with me again. I believe my son has been turned against me while I was gone. My mother is elderly and in very poor health, My stepfather has Alzheimer’s. So my son is... View More
answered on Nov 18, 2024
You need to start with the last court order regarding your child. What does it say about who cares for the child while you were incarcerated. You can then return to the court that issued that order to ask to get your child back. Generally, children do not get to choose who they live with. Speak... View More
I’m also in a Completely different time zone which makes it harder to Consult these matters
answered on Nov 17, 2024
You will need a criminal defense attorney. The failing to stop might be a non-criminal citation or a criminal charge. If it is a citation, it will likely be in a different court. The flee & elude is a felony charge. Your lawyer could move to consolidate the citation with the felony. Some judges... View More
At this point in time we are in family court and as of yet I have not been ordered to pay child support. I am responsible for paying recurring expenses such as child care and medical expenses. She wants me to stop doing so and send her the money so that she may do so directly.
answered on Nov 15, 2024
You do not mention if there is a court order or not. If there is a court order then you should do what it says. If not, how ever you choose to provide money, make sure that you keep clear records of the date and how much you paid. Without a court order, you decide what and how to pay. Speak with a... View More
Do Florida Courts still have jurisdiction to modify Parenting Plan if the mother moved to another state for more than 3 years
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024
Again, the short answer is yes, if there have not been any other court orders in another state. The heart of this issue isn’t just about legal jurisdiction; it’s about power, control, and fairness in parenting. When one parent moves out of state for years without addressing the existing court... View More
I've been going to court for a year
answered on Nov 14, 2024
It's some sort of hearing relating to a felony prosecution. What the "miscellaneous" hearing is all about would depend upon local criminal practice.
For a felony, you definitely need an attorney, either one appointed to represent you or one you can hire. If you... View More
My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More
answered on Nov 13, 2024
There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More
answered on Nov 13, 2024
Section 212(a)(9)(C)(i) of the INA refers to illegal reentry after removal and is considered a permanent bar. The law only allows you to file for a waiver after you can show you have been physically present outside the U.S. for at least 10 years from the date of departure and section... View More
answered on Nov 12, 2024
A court action against non-tenants being possessing property without consent is called an unlawful detainer action, or in some scenarios, an ejectment action (or both). So search for lawyers in your area who handle those types of claims. Some landlord-tenant lawyers will also handle those types... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2024
The answer depends on whether the custody agreement was ratified by the Court and if it became a final or temporary order in a custody or a paternity case. Custody agreements between two parents that are not generally filed in Court can be enforced as a contract if necessary to protect one parent... View More
A year ago my mother 70 years of age woke up during cataract surgery while the surgeon instrument was inside the cornea causing injury. This happened with a very well known doctor at an ambulatory clinic. The anesthesiologist was not able to keep my mother asleep during the procedure since my... View More
answered on Nov 12, 2024
The anesthesiologist had a duty to ensure your mother was adequately anesthetized during the surgery. If the anesthesiologist failed to maintain the anesthesia, leading to your mother waking up, this could constitute a breach of that duty. You would need to prove that this breach directly caused... View More
Respondent moved to a different state 22h away without notifying me. The lawyer didn’t notify me as well. If I file motion to ask to return child to the Jurisdiction where the case is pending, what are the odds of the judge moving the case to the new state she lives in, if the respondent/lawyer... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2024
It appears that the Respondent has relocated with the minor child without proper authorization from the Court or written consent from the other parent, you. In this case, a Motion to Return Child to the Court’s Jurisdiction should be immediately filed. Be sure to attach a copy of the UCCJEA... View More
I was walking up the street and through a crosswalk when I noticed wet sludge cement and mud. So in an effort to avoid this I walked around it in the street and when I went to step up on sidewalk I slipped on more sludge that was streaming aside the curb and I fell on knee. I cut it which later... View More
answered on Nov 11, 2024
I recommend that you pick up the phone to seek a free consultation with a lawyer. The potential case being against a local government, some personal injury lawyers will handle that, some won't, as such a claim is often more of a hassle than one against an insured private entity, and it... View More
My friend was involved in a traffic stop after being accused of threatening someone with a gun. He says he gave the police consent to search for a gun (none was found) but not to open any bags or containers. The police found drugs in a bag while conducting the search. He is currently being charged... View More
answered on Nov 11, 2024
It appears that your friend gave limited consent to the police to search the interior of his car which was ignored by the police during the actual search. I would be curious to know the description of the bag in which the drugs were located. Large enough to have contained a firearm? If not, then he... View More
pursuant to Fl. Statute 723.06(1)(e), although I am a model tenant that is never late on my rent and have received Letters from my neighbors stating that I am a model tenant, I have lived here 8 years taking care of my mom, until she passed away, and my sister violated her power of attorney. Now... View More
answered on Nov 11, 2024
You have multiple issues going on and you should consult with a landlord/tenant lawyer if you are being sued for eviction or have received a notice to vacate. The statute you are citing actually supports the park evicting you if you failed to obtain approval as a tenant.
The duty to... View More
answered on Nov 11, 2024
The answer depends on what is the nature of the criminal offense. You and your fiancé(e) should consult with a competent and experienced immigration attorney who can evaluate your criminal history to determine whether any ground(s) of inadmissibility exist and, if so, whether that/those ground(s)... View More
I need to file a motion for a new trial based on the based on the fact that the plaintiff attorney went off the rails and closing arguments and called me a con man
answered on Nov 8, 2024
The Court is unlikely to have a template form for that - but to be certain, ask the Clerk's Office and/or search for all online forms provided by the Clerk of Courts for the 19th Judicial Circuit of Florida. I'd be surprised if they have a motion for new trial form. Your best bet is to... View More
I was initially treated for a work related condition (carpal tunnel) in 2021, and since then was placed under reduced work hours with FML. I have never received benefits besides covering a few doctors appointments I had. My last office visit was in 2022, where the doctor updated my... View More
answered on Nov 7, 2024
There are Statute of Limitations (SOL) in Florida specifically for work comp cases. One of those is that you have to see your doctor every year. If you don't, your case may be closed. HOWEVER, there are ways around violating the SOL meaning your case would still be open if one or more of them... View 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.
