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1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Civil Rights for Florida on
Q: My boyfriend in prison he has covid do I need a lawyer

My boyfriend was rushed to a hospital with covid it’s no medical release on file nobody telling his family anything we in the blind on how we doing the are refusing phone calls and not allowing us to know anything about him do I need to get a lawyer to get information on him or what it’s been... Read more »

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 27, 2022

Contact a local attorney to learn how you can get compassionate release or temporary medical release for your boyfriend.

1 Answer | Asked in Family Law for Florida on
Q: If a person has an active indigent status and is fighting for paternity, can they receive free attorney representation?

They were also a victim of a crime and have an active case.

Matthew J Ausley
Matthew J Ausley answered on Jan 27, 2022

Legal aid services for family law cases are almost nonexistent. So, the chances of getting the help of an attorney for free are basically nonexistent. There are reasons that attorneys are expensive. If people could get services for free, lawyers wouldn't stay in business. These are cold hard... Read more »

1 Answer | Asked in Family Law for Florida on
Q: My child’s father has not filed taxes since 2017. It is technically his year to file. Can I claim our child?

We have a court order every other year we switch for claiming our child. I have always followed this. I get even years he gets odd years. But since he has not filed since 2017 I want to claim our child

Matthew J Ausley
Matthew J Ausley answered on Jan 27, 2022

Generally, violating a court order is a bad idea. So, I wouldn't suggest you do that.

The wording of your judgment or agreement will be critical. Consider having an attorney look at it to see if there is a solution to the problem already in there somewhere. Sometimes, settlement...
Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I sue Department of Children and Families for lying about me on an investigation report?

Not only that but also closing my case without notifying me that it had been closed? How do I go about in even starting to get my kids back?

Matthew J Ausley
Matthew J Ausley answered on Jan 27, 2022

Anybody can sue anybody at any time. Whether that would result in anything positive for you is a very different question. From the information you have shared, it doesn't sound like you will get what you want by trying to sue DCF. But set a consultation with an attorney if you are committed to... Read more »

1 Answer | Asked in Family Law for Florida on
Q: it's my turn to claim my daughter, but father won't give me 1095A to file. He has insurance for her. what do i do?

We rotate years. He has her on his insurance. IRS keep rejecting because i don't have information to fill that part out on taxes. I don't know how to get around it. He just got insurance some time last year.

Matthew J Ausley
Matthew J Ausley answered on Jan 27, 2022

You are asking a little bit of a tax question and a little bit of a Family Law question. The place to start is to look at the language of the court order that directs the actions of the parties. What the order specifically says will be very important. You can file a motion for enforcement if he is... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can my boyfriend take my son and get a paternity test with out me knowing. Then tell me to get out and not let me take

Take my son with me.

Rand Scott Lieber
Rand Scott Lieber answered on Jan 27, 2022

In Florida if you have never been to court for paternity the mother has 100% custody and rights to the child. Speak to a local family lawyer for more specific advice and to protect yourself and your child.

1 Answer | Asked in Employment Discrimination for Florida on
Q: My company will only pay vaccinated employees covid relief pay, is this discrimination

My company has issued a letter stating only vaccinated employees will get paid for the time they take off if they test positive for covid 19. Unvaccinated employees will not get paid if tested positive for covid 19

An awnser from so.one less biased to the vaccine and keeps their persanly... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 27, 2022

No, it is not discrimination. Why?

Because your employer is clearly not making this employment decision based upon employees' race, gender, national origin, handicap, disability, marital status, or pregnancy.

WARNING: If you remain unvaccinated and contract Covid you might be...
Read more »

1 Answer | Asked in Family Law for Florida on
Q: Is it legal for me to go get my child and bring her to my state of residency

I left Florida to better my lifestyle and environment of my child. I decided to leave her with her father for a couple of months and now for the third time, it’s time for me to go get her and her is telling me I am not allowed. Is this legal and what can I do to get her?

Destardes Moore
Destardes Moore answered on Jan 27, 2022

Additional facts are necessary to determine whether you are allowed to take the minor child out of the State of Florida. Are there any current Orders in place? Were you and the Father married at the time of conception? You will need to reach out to an attorney for a consultation to determine the... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: If I am part of a shared easement with two other property owners, can I grant an easement of necessity to a third party?

I live in Okaloosa County Florida and I have two pieces of land that share a common easement with two other properties. The easement was created prior to the purchase to protect all parties as well as provide ingress/egress, access for utilities, etc. There is a neighboring property, located to the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 26, 2022

You could grant an easement across your parcels, but that wouldn't do the owner of the landlocked parcel much good unless the other landowners were to do the same.

1 Answer | Asked in Civil Litigation for Florida on
Q: Code enforcement in Escambia county is pushing me into forclosure and not being able to buy my medicine.

There demands are to much for me to pay and in trying to do so I'm now being threatened with forclosure and have been doing without some of my heart medicine. I'm 65 years old and live on $870.00 per month. Now they are trying to force me to let them on my property. At the first hearing... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 26, 2022

You need to ask a question.

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: Can I fire the roofing co named in my insurance sett. If they are named on ck bc I think they are scammers!?

We settled with ins co to get a new roof. It was one of those companies that knocked on our door. At first they were great; promised us new roof, carpet, paint, etc. now that we got settlement they said we will give u 7500. Use that where u want but that’s all and that’s not even in writing. I... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 26, 2022

Lawyers on this website are not allowed to call anyone. This website is designed for general information. You need to take the paperwork to a lawyer for a consultation as soon as possible. The lawyer hired to negotiate the settlement was not your lawyer and worked for the roofing company. Do... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: Poa question

My mother has a durable poa from my father. My father has had a stroke but is not fully incapacitated. My mother needs me to take over many of the tasks. Since my mother has poa from my father could she, as his representative, sign a poa in his place given me poa for my father?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 26, 2022

No.

Your mother cannot lawfully transfer her POA or give you a new POA over your father.

At best, she can hire you to perform some of the tasks that she is supposed to perform.

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1 Answer | Asked in Divorce for Florida on
Q: Can my husband just divorce me and not leave me a penny as he says?
Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

You have the right to seek alimony. The judge will evaluate whether you have a legitimate need for alimony and whether your husband is able to pay it. Alimony might be awarded indefinitely or for a set length of time by the judge.

If the judge decides to award you alimony, the judge will...
Read more »

2 Answers | Asked in Divorce and Family Law for Florida on
Q: He is taking job out of state, how will it affect my case if I file for divorce? The children and I will not be moving.

He is the sole income provider (82k). I am a full time student paying cash for my education.

We have been married 11 years with 2 shared children age 8 and 12. We have never owned a home. His car is valued around $3k, mine is valued much less (it is 30 years old). No other assets. Combined... Read more »

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

Even if your husband will soon move out of state, you can apply for divorce if you have both lived in Florida for at least 6 months. If you and your children do not wish to move with him, you must demonstrate that they are better off staying with you and that the move is unnecessary.

Keep...
Read more »

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1 Answer | Asked in Child Support and Divorce for Florida on
Q: I want to divorce my wife of 20yrs and I have 2 kids 16 and 12. We are having problems with our intimate relations.
Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 25, 2022

First, find a lawyer who will represent you from the start and walk you through the process.

Florida is a “no fault” divorce state, which means that spouses only need to tell a court that the marriage is “irretrievably broken” in order to get a divorce. You can file a petition...
Read more »

1 Answer | Asked in Energy, Oil and Gas for Florida on
Q: I need a lawyer that is willing to take on Energy Solutions Direct regarding solar service.

I had solar panels installed 4 years ago and they have never worked. I have paid $300. monthly to the solar company and also pay high electric bills. I have been through the BBB with them and recently filed bankrupcy under chapter 7 due to the financial strain. I need someone that can help me get... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 25, 2022

It appears that you may have an adversary bankruptcy case, possibly a compulsory one. Also, if you "have been through the BBB with them", you may be able to enforce the results of arbitration, if any. Ask you bankruptcy attorney.

2 Answers | Asked in Elder Law, Real Estate Law and Probate for Florida on
Q: What rights do I have living in the home of my partner who passed away? Children now own the house and

Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?

Phillip William Gunthert
Phillip William Gunthert answered on Jan 25, 2022

I am very sorry for your loss on the passing of your partner, please accept my sympathy and condolences at this sad and difficult time. I would encourage you to check what the property deed says, Will and or Trust if any of those exist or if you know you were named or put on the deed. If you know... Read more »

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2 Answers | Asked in Consumer Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: Do I have any land rights?

I own a mobile home and have been in it for 20 years on the same land. Do not own the land been paying lot rent. Owner sold land and plans to rezone commercial. Served eviction. Do I have any legal options? People have told me about living there for a certain amount of time that I may have land... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jan 25, 2022

No, the people do not know what they are talking about. What they may be trying to reference is "Adverse Possession", you can look this up, but this is not applicable to your circumstances because you have just been a renter, paying rent. If you have a lease or rental agreement, you... Read more »

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2 Answers | Asked in Criminal Law for Florida on
Q: If a defendant has reason to believe that a substance in a trafficking methamphetamine case doesn't weigh what that

State is saying. How can a defendant compelled the court to actually prove the amount is correct? Can a defendant's lawyer bring measuring tool in during trial to weigh the substance out and prove the actual weight

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 24, 2022

Yes, the prosecution has the burden of proving the amount by a reasonable doubt. It can be subjected to weighing.

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1 Answer | Asked in Real Estate Law for Florida on
Q: i purchased townhome in FL 7 years ago with a back porch. the hoa demands the permit now. the porch was buildt during c

construction in original build. hOa has no documents nor does the town. how am i responsible

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 24, 2022

Generally, the HOA only has five years to bring an action but there are exceptions, especially if the HOA could not see the back porch from the street. With satellite photographs becoming more easily accessible through county websites it could be the HOA only discovered it within the past five... Read more »

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