Florida Q&A by Practice Area
Florida Questions & Answers
Q: As a custodial parent, how do I file for relocation of a child?
06/11 I notified my ex- husband I had to go back to SC at the end of the month via text msg since my mother was not allowed to return back to my apartment by her PCP. My mom was helping with me rent. Now she isn't with me, I cannot afford the apartment here. I have no where else to go by back... Read more »
The court that adjudicated your divorce has jurisdiction over the minor child. You will have to petition the court and ask for a change in the child custody agreement to allow you to do what you need to do.
Q: What can a tenant do when a landlord retaliates with eviction due to code violations?
Upon move-in this home in question, several major repairs were needed, floors needed to be replaced, roof needed leaks fixed, termites, rodent infestation, etc. In lease agreement we have repairs needed to be started within 30 days or we (tenants) would not pay any further rent. No repairs were... Read more »
The best thing to do is to stop paying any rent to the landlord who owns the dump and move out.
Q: If the husband agrees to buy out his wife in the marital property can she force him to sell it.
The husband has agreed before any mediation or hearing to buy her out since they have 2 homes and he agreed to give her the second.
If one party is able to pay the other for their share of the property value then they cannot also force them to sell it.
Q: landlord treating eviction
Today my landlord performed a house inspection and treated me to evict me if I don’t take my dogs out of the house. She gave me seven days but no writing notice yet just verbal. My written lease expired last October 2018 and never renew another lease but month to month verbal. Can she evict me.... Read more »
Pursuant to F.S. 83.56 the notice must be in writing and inform the tenant of the specific non performance and given a right to correct within 7 days.
However under F.S. 83.57 a landlord can terminate a month to month rental arrangement giving written notice not less than 15 days prior to... Read more »
Q: What obligations do Municipalities have to locate and mark abandoned underground utilities for contractors?
I am a contractor for a large utility company and on a recent job i absorbed a tremendous amount of profit loss because a local municipality did not locate abandoned underground utilities in an easement. By not doing so it cost us to go over our budget. Is there any way to hold them accountable? I... Read more »
Your best (only) bet is to complain about this situation to a few members of the city council and ask them how to file a "complaint" about the incident. Most if not all municipal governments carry liability insurance to avoid having to pay "damages" for not doing their job: maintaining all city... Read more »
Q: I wasn't married to my ex when she up an left one day when i was at work that wasin October 2018
She has not allowed me to see my daughter since October iv tried texting her fb messages she has blocked i haven't seen my daughter since then what do i have to do so i can see her she just turned 2 i just want to be able to see my daughter please could you help answer or guied me to what i haveto... Read more »
You need to file a paternity case in the court where mother and child live.
Q: If the visitation is only granted for 1 day a week, can the other parent legally let you see the child more?
Unless there are restrictions in place through the court the other parent can let you see the child as much as you like. The timesharing schedule gives the person who has a specific day priority but does not prohibit contact with the other parent.
Q: What do i have to do to get to see my daughter my ex is keeping her from seeing me
You will have to file a motion in the original divorce case, asking the court to modify your custody rights.
Q: premarital stock portfolios and dividend income in equitable distribution state divorce
In what cases are the reinvestment of dividends considered comingling ?
This is a great question for your divorce lawyer. Ask them.
Q: Who allocates the Wrongful Death Settlement? Is it the Attorney handling the WD case or Probate attorney? This is in FL.
The WD attorney reached a settlement but now the funds are sitting in the Estate account. We are trying to close out Probate but feel there should be an allocation to the survivors and an allocation towards medical expenses. We feel that the allocation of funds to the survivors should not be part... Read more »
Why don't you ask the attorney who handled the wrongful death case? He or she can do probate if needed, or can refer you to another attorney.
Q: How long can you get if you are a minor at the age of 16 and get caught with a warrant?
A warrant for what?
Anyone under 18 is a minor
Q: How would I go about trying to get my 16 yr. Old daughter. Her dad's mom got custody of her years ago.
Her GMA who has custody is in a nursing home and my daughter is left alone in an apartment without any adult care or supervision.
You will have to go back to court.
Q: How to set up a touring company in another country?
Hi, I am trying to start a touring company in Jamaica with my brother. He will be responsible for hiring and securing proper licensing and management of drivers in Jamaica, (already hired one) and I will be in Florida, running the business, banking and marketing end. What would be the best way to... Read more »
Free practical advice offered for the last 41 years to people starting or operating small businesses:
The main difference between successful small businesses and those that fail within a relatively short period of time is good legal advice. The owners of most successful small businesses... Read more »
Q: Can i continue my divorce with a different lawyer or do i have to start over?
Started my divorce with a lawyer and can no longer find his firm or reach him. My papers are signed by myself and soon to be ex husband. Do i have to start over with different papers or can i continue just through the court system. The soon to be ex husband is moving out of state tomorrow.
You should be able to continue with the documents that you have already prepared.
Q: I live in FL; how can Asume garnish my wages for a kid that isn't mine w/o due process? How do I get a paternity test?
My wages were garnished in July 2018 by Asume in Puerto Rico - I received no court summons, no ability to respond - just suddenly had money taken from my check. After learning that no Florida lawyer could take a Puerto Rico case, I requested documents from my employer and contacted Asume where I... Read more »
Keep trying; the case workers are all overworked and underpaid.
Q: family law and custody issues and visitation issues. What happens when a court paperwork has been filed in courts?
we have agreed to every other weekend now the father is wanting more days thru the week with our son some new law he has heard or told by someone he wants 3/4 days out of the week and half summer time and he has not given me time to agree or accept anything he has filed court documents on me to... Read more »
It sounds like he is trying to modify the current timesharing arrangement. After he files the papers he needs to convince the judge that it is in the child's best interest to make the change. You will have the opportunity to say why it should not change.
Q: Florida Law for Child support reimbursement by custodial parent for denied visitations
I have been paying child support for 11 yrs I never filed for custody bcs we had verbal agreement. but 2 yrs ago she decide it to put a restraining order without any cause, I haven't see my kid since then. is there a law that will order her to payback the child support I have paid even when she... Read more »
There is no correlation between paying child support and having visitation with your child...you can file make up visitation...but I do not believe that the lawyer who told you about being paid back any child support advanced to your baby’s mother knows the law very well...it is an argument that... Read more »
Q: Who is liable?A financial investment company(UBS) did a payout instead of the rollover my financial adviser requested
Now 3 years later the IRS is demanding taxes on the "payout". The money was actually rolled over into a different account but unfortunately UBS did not do what we requested and it was sent as a payout (we paid taxes on it) and coded as a payout instead of a rollover. We have re-sent the original... Read more »
It is very difficult to analyze your situation and give you guidance without seeing all the underlying documents--including every statement from UBS received by you--both BEFORE the "mistake" and ever since--plus every other document with facts and numbers related to this SNAFU. Moreover, no... Read more »
Q: I have decided to break my apartment lease due to constant inconveniences. Can I do so without paying the penalty fee?
No, you must follow the statutory procedure for notifying the landlord, giving the landlord the opportunity to remedy the problems within 7 days of receipt of your letter. If the landlord fails to comply, the law allows you to terminate the tenancy or withhold rent until the problems are fixed.... Read more »
Q: a court order was issued in Puerto rico to help my older sister with the expenses of taking care of my mother.
My Elderly mother and sister are no longer living in Puerto rico, do i have to keep on given my sister money, if she's no longer in Puerto rico.
Generally, a Court Order must be complied with unless (A) you get the Court to vacate of modify the Order, or (B) the Order itself contains conditions that would permit you to stop paying (and I'm guessing it doesn't). So hire a lawyer who is in Puerto Rico or a Florida lawyer who is a member of... Read more »
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