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Florida Questions & Answers
Q: How to find out if i have a deportation noice.
Kevin D. Slattery Esq.'s answer
File Freedom of Information Act (FOIA) requests with both U.S. Citizenship & Immigration Services (USCIS) and the Immigration Court housed under the Executive Office for Immigration Review (EOIR).
File Freedom of Information Act (FOIA) requests with both U.S. Citizenship & Immigration Services (USCIS) and the Immigration Court housed under the Executive Office for Immigration Review (EOIR).
Q: Can someone use text message as Evidence to against another person in court, Or Investigated Even citizens arrested.
Terrence H Thorgaard's answer
Yes, a text message can be admitted into evidence, assuming it complies with all other rules of evidence, including relevance and assuming it's not hearsay.
Yes, a text message can be admitted into evidence, assuming it complies with all other rules of evidence, including relevance and assuming it's not hearsay.
Q: Is the opposing party allow to request a deposition on a family case via a telephone call?
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Florida
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
Terrence H Thorgaard's answer
Are you asking about requesting (scheduling with the opposing party) the deposition or are you asking about a telephonic deposition?
If it's the former, no; the notice of deposition has to be in writing.
If it's a telephonic deposition, sure; the deponent would be at the location of the court reporter, who would also, as a notary, administer the oath. Other parties could appear by telephone, assuming that the appropriate technology is available. What possible objection would...
Are you asking about requesting (scheduling with the opposing party) the deposition or are you asking about a telephonic deposition?
If it's the former, no; the notice of deposition has to be in writing.
If it's a telephonic deposition, sure; the deponent would be at the location of the court reporter, who would also, as a notary, administer the oath. Other parties could appear by telephone, assuming that the appropriate technology is available. What possible objection would...
Q: Husband and wife are on the lease agreement. Their 25 year old son is now living with them.
Terrence H Thorgaard's answer
You can't; you are not their landlord. You could, however, try to persuade the landlord to do so.
You can't; you are not their landlord. You could, however, try to persuade the landlord to do so.
Q: Married, husband hasn't met son & lives in another state. Can I establish custody before getting a divorce?
Opal Phiona Lee's answer
Alimony is based on the recipient proving that he/she has the need and that the obligor has the ability to pay. Factors also include length of marriage and marriage contribution. More facts are necessary to determine whether you are eligible for alimony. As for visitation and child support, it is important to note that time sharing cannot be used as leverage to receive child support - therefore, a parent should not be denied timeshare because he/she is not paying child support. With that said,...
Alimony is based on the recipient proving that he/she has the need and that the obligor has the ability to pay. Factors also include length of marriage and marriage contribution. More facts are necessary to determine whether you are eligible for alimony. As for visitation and child support, it is important to note that time sharing cannot be used as leverage to receive child support - therefore, a parent should not be denied timeshare because he/she is not paying child support. With that said,...
Q: Clarify Child Support for my 3 children - Said support shall continue until all children have turned eighteen(18) year
Rand Scott Lieber's answer
In general the law in Florida is that child support is recalculated as each child emancipates. If the two of you do not agree as to what the language means then your remedy is to return to court for the judge to decide. Same with the life insurance. If he does not agree to pay for his own as ordered then you must return to court.
In general the law in Florida is that child support is recalculated as each child emancipates. If the two of you do not agree as to what the language means then your remedy is to return to court for the judge to decide. Same with the life insurance. If he does not agree to pay for his own as ordered then you must return to court.
Q: Kids are 11 & 14. Clarification. For these work trips he takes them and will not ‘trade’ to support 50-50 time. Can he?
Rand Scott Lieber's answer
Got it. You are asking about make-up time. Unfortunately you have to decide if it is worth returning to court to fight what appears to be unreasonable behavior. Your children are approaching the ages where they will understand what is happening whether you discuss it with them or not. This is the type of conduct that a court cannot efficiently regulate because it happens on a case by case basis. Sorry I cannot offer a more positive outlook.
Got it. You are asking about make-up time. Unfortunately you have to decide if it is worth returning to court to fight what appears to be unreasonable behavior. Your children are approaching the ages where they will understand what is happening whether you discuss it with them or not. This is the type of conduct that a court cannot efficiently regulate because it happens on a case by case basis. Sorry I cannot offer a more positive outlook.
Q: If I file for divorce cuz of husband's infidelity, will he have to repay expenses & court costs?
Deborah Annette Carroll's answer
You may qualify for temporary alimony if you can show you have a need for it and he has the ability to pay. For other forms of alimony such as durational or permanent, it will depend on many other factors including the length of your marriage and your need for alimony and his ability to pay also factor in. However, you are able to use his infidelity as grounds when requesting alimony. Additionally, you may be entitled to recoup money if he used marital funds to support the affair.
You may qualify for temporary alimony if you can show you have a need for it and he has the ability to pay. For other forms of alimony such as durational or permanent, it will depend on many other factors including the length of your marriage and your need for alimony and his ability to pay also factor in. However, you are able to use his infidelity as grounds when requesting alimony. Additionally, you may be entitled to recoup money if he used marital funds to support the affair.
Q: I have 50-50 custody.My ex will not trade days when i have work travel resulting in less than 50% @moms.Can he do this
Rand Scott Lieber's answer
You do not mention the ages of your children. Presumably your parenting plan has a right of first refusal clause. Once you offer the children to dad and he says no then the responsibility is yours. Without blaming dad you need to explain to your children that this is part of your job and that they will have to stay with grandma, end of story.
You do not mention the ages of your children. Presumably your parenting plan has a right of first refusal clause. Once you offer the children to dad and he says no then the responsibility is yours. Without blaming dad you need to explain to your children that this is part of your job and that they will have to stay with grandma, end of story.
Q: If I live in FL with my son & his father in OR has never met him, can he still come take my son from me?
Rand Scott Lieber's answer
You do not mention if you are married or not. The law in Florida is that children are shared. If you go to court in Florida then there will be a parenting plan with a timesharing schedule. The main criteria is what is in the best interest of the child. If the father has never been in the child's life then the court must consider that. If the court awards long distance timesharing then the court must address how that will be paid for.
You do not mention if you are married or not. The law in Florida is that children are shared. If you go to court in Florida then there will be a parenting plan with a timesharing schedule. The main criteria is what is in the best interest of the child. If the father has never been in the child's life then the court must consider that. If the court awards long distance timesharing then the court must address how that will be paid for.
Q: I just had a trust restatement&amendment done last week to add my son as co-trustee. Do I need to retitle my condo?
Mark Siegel's answer
The property is titled in the name of the trust. Since the name of the trust has changed (the date of the new trust is probably not the date of the original one and Bill Doe was added), you should file a simple deed to change the name of the owner to the new trust. It is not expensive for the recording fee or the preparation of a simple deed.
The property is titled in the name of the trust. Since the name of the trust has changed (the date of the new trust is probably not the date of the original one and Bill Doe was added), you should file a simple deed to change the name of the owner to the new trust. It is not expensive for the recording fee or the preparation of a simple deed.
Q: If I work for the federal government and am trying to transition genders, what recourse do I have if my employer
Kevin Sanderson's answer
I'd be happy to discuss more offline. I am not sure what you mean by prohibit. I recognize there are several things that might be done practically to stop or deter you, i.e. if they control your access to health care, livelihood and career; but hopefully they cant literally stop you.
I'd be happy to discuss more offline. I am not sure what you mean by prohibit. I recognize there are several things that might be done practically to stop or deter you, i.e. if they control your access to health care, livelihood and career; but hopefully they cant literally stop you.
Q: Ally not reporting my payments after Bankruptcy attempted to trade it in and they said it was paid off
Timothy Denison's answer
Take the Nissan back if you are within your 3 day rescission period. They will tell you anything to sell you a car.
Take the Nissan back if you are within your 3 day rescission period. They will tell you anything to sell you a car.
Q: Am I able to assign patents in a will?
Kevin Flynn's answer
I do not see why not. A patent is a piece of property and moves with much of the same rules. The USPTO system for recording ownership has a selection for letters testamentary which is a document issued by a probate court to an executor. See https://epas.uspto.gov/
This is really a trust and estates question rather than a patent question.
I hope this helps.
Kevin E Flynn
I do not see why not. A patent is a piece of property and moves with much of the same rules. The USPTO system for recording ownership has a selection for letters testamentary which is a document issued by a probate court to an executor. See https://epas.uspto.gov/
This is really a trust and estates question rather than a patent question.
I hope this helps.
Kevin E Flynn
Q: Should a defense lawyer request a Frank's hearing, address Brady, Giglio claims before filing for motion to suppress?
1 Answer
| Asked
in
Criminal Law and Appeals / Appellate Law
for
Florida
on
Answered on Oct 18, 2018
Answered on Oct 18, 2018
Sasha Dadan Bonna's answer
Its not standard procedure to have a Frank's hearing, address Brady or Giglio before a motion to suppress. Those are separate issues. It would be best to hire a criminal defense attorney who can assist you with your legal case.
Its not standard procedure to have a Frank's hearing, address Brady or Giglio before a motion to suppress. Those are separate issues. It would be best to hire a criminal defense attorney who can assist you with your legal case.
Q: Do I have to be hurt in my house in order to file a domestic violence complaint against my husband?
Sasha Dadan Bonna's answer
Domestic violence is defined under Fla. Stat. 741.28 which states, “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
You don't have to be hurt to file for an injunction. Your husband could hit you without it hurting....
Domestic violence is defined under Fla. Stat. 741.28 which states, “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
You don't have to be hurt to file for an injunction. Your husband could hit you without it hurting....
Q: Can a person be found guilty of a verbal threat made durning a competency evaluation,where they were found incompetent?
Sasha Dadan Bonna's answer
A threat alone is not actionable. The legal definition of assault is found in Fla. Stat. 784.011.
To prove the crime of Assault, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).
2. At the time, (defendant) appeared to have the ability to carry out the threat.
3. The act of (defendant) created in the mind of (victim) a well-founded...
A threat alone is not actionable. The legal definition of assault is found in Fla. Stat. 784.011.
To prove the crime of Assault, the State must prove the following three elements beyond a reasonable doubt:
1. (Defendant) intentionally and unlawfully threatened, either by word or act, to do violence to (victim).
2. At the time, (defendant) appeared to have the ability to carry out the threat.
3. The act of (defendant) created in the mind of (victim) a well-founded...
Q: Can I move out at 17 with parental consent?
1 Answer
| Asked
in
Appeals / Appellate Law, Child Custody, Domestic Violence and Juvenile Law
for
Florida
on
Answered on Oct 18, 2018
Answered on Oct 18, 2018
Q: which State has jurisdiction?
Terrence H Thorgaard's answer
Your attorney would know best, but I don't think that the Florida court will decline jurisdiction which it clearly has under the Uniform Child Custody Jurisdiction and Enforcement Act (Florida Statute 61.501 et seq.).
Your attorney would know best, but I don't think that the Florida court will decline jurisdiction which it clearly has under the Uniform Child Custody Jurisdiction and Enforcement Act (Florida Statute 61.501 et seq.).
Q: Do parents ever put one twin up for adoption? I can't afford two kids right now and I don't know what to do.
Deborah Annette Carroll's answer
It is encouraged to keep siblings together, especially twins. However, there isn't a statue that says it is prohibited. If you would like more information regarding community resources and/or adoption, please give me a call.
It is encouraged to keep siblings together, especially twins. However, there isn't a statue that says it is prohibited. If you would like more information regarding community resources and/or adoption, please give me a call.
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