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Florida Questions & Answers
1 Answer | Asked in Copyright for Florida on
Q: If I put an image of rick and morty on a shirt for school prerallies, is it copyright.
Marcos Garciaacosta
Marcos Garciaacosta answered on May 18, 2021

Yes it is

And you are violating it and they can sue you

If you want to show that image, buy a licensed shirt

consult with an attorney

2 Answers | Asked in Juvenile Law for Florida on
Q: If I kick my daughter's BF out of my home is it call abuse. He is 17 and my girl is 16. His legal address is not my home

We didn't kick him. We just told him to get out our house. Because his mom said by tell him get out we abuse her son. Thank you for you all answer my question.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 18, 2021

No, why would you think that; assuming you don't literally kick him? You have no obligation to allow him to stay in your home.

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3 Answers | Asked in Contracts for Florida on
Q: How do I collect on an agreement to pay for a business?

I sold the business to my partner, he sent me an agreement and signed it that he would pay me over 4 years and stopped making payments. Can I do anything to collect that? I am a 78 years old and really need the money. I haven't done anything since Covid, but now he is back in business and... Read more »

Charles M.  Baron
Charles M. Baron answered on May 18, 2021

First present your own written demand, if you have not already. Specify the terms breached and the amount owed. If you can't work it out, promptly schedule a consultation with an attorney. Beware of the statute of limitations, which for written contracts in Fla., has a limitations period of... Read more »

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2 Answers | Asked in Child Custody for Florida on
Q: How do I deal with school disagreements with shared custody?

My ex and I share custody of our 13 year old daughter. In the parenting plan it states that my address is the designation for school and I just moved out of the school district my daughter goes to meaning she now needs to move schools (from Lee County to Charlotte County.) Her father is upset that... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 18, 2021

Changing schools is governed by shared parental responsibility. So yes, you have violated that and he can take you to court. Changing schools is different than relocating within the 50 mile radius. If you cannot reach an agreement then you will need to go to court on this issue.

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1 Answer | Asked in Family Law for Florida on
Q: I have a custody/time sharing agreement with my daughters Father that changes for summer. I need it to be clarified.

During the school year, our agreement is 9 days at home, 5 days away. He picks her up Thursday, she comes home Tuesday, then she is home the next 9 days til Thurs. Then in summer, the schedule changes to Sunday to Sunday, back and forth with each parent 1 week. So for June 2021. Her Dad has her... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on May 18, 2021

Unfortunately if the two of you can not agree on the interpretation of the agreement then the only remedy is to seek court intervention. My recommendation is that the two of you try to reach a compromise.

2 Answers | Asked in Divorce for Florida on
Q: Do I need a title property lein?

In my divorce papers it states if property is sold it is to be divided equally between my ex and I. We were married over 20 years. We purchased property in Calhoun county FL 10 years before divorce. The deed was in his name as married man. We had a joint mortgage on it. We divorced. He remarried... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 17, 2021

It sounds like you should speak with an attorney as soon as possible to review your paperwork and assist you. An attorney should review your Final Judgement of Dissolution in regard to the real property issue that you describe and discuss what you could file in terms of notice in the public... Read more »

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2 Answers | Asked in Divorce for Florida on
Q: My wife and I have been separated for 6 years. Not divorced just separated. She has a whole new family and I am raising

Our three kids. I have recently gotten an inheritance from an aunt that passed away. If we divorce is she entitled to any of this money?

Nicole Vette
Nicole Vette answered on May 17, 2021

No, but make sure to keep the inheritance in a separate account without any other funds.

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2 Answers | Asked in Personal Injury for Florida on
Q: Hello I’m a mother of 5 kids in my son 16 was shot on his front porch talking to someone in now we have to move in no

In the landlord termination my lease

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on May 17, 2021

Was this at an apartment complex or at a rented house? You may have a claim for negligent security. Please feel free to call our office at 407-999-0045 to speak with attorney Greg Maaswinkel.

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1 Answer | Asked in Child Support for Florida on
Q: My ex husband job always sends the payments late, can he change it to where he makes the payments himself?
Rand Scott Lieber
Rand Scott Lieber answered on May 17, 2021

The two of you would have to return to court together to modify or terminate the income withholding order and change it to direct payments.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: If you had a child that was adopted are you allowed to have the original copy being the biological parent

I have my son adopted in November of court issues I'm trying to attain a copy of my son's birth certificate to show the IRS that I had my son for the first part of the year how do I go about doing that

Linda Liang
Linda Liang answered on May 17, 2021

Contact the Bureau of Vital Statistics. They offer walk-in or mail-in services. To save time, download and complete the forms you need. The Bureau of Vital Statistics may be reached at (904) 359-6900, ext. 9000.

2 Answers | Asked in Foreclosure and Trademark for Florida on
Q: is this case with california club explaining a foreclosure or failure to pay for a trademark?

i am trying to find out if this company is still in business, because i recently thrifted one of their dresses and wanted to find out more about the company.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 16, 2021

Consult with an attorney, you can write to them, look them online and check with the secretary of state to see if they are still active as a business.

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1 Answer | Asked in Contracts for Florida on
Q: A company failed to provide services contracted for. What legal recourse do I have if further collections are attempted?

I own a small waste management company in North Fla. Recently a piece of equipment was stolen prompting me to install GPS units on other assets. I contracted a firm that provides the GPS devices and monitoring service. We entered into a three year agreement. In "normal mode" of operation... Read more »

Linda Liang
Linda Liang answered on May 16, 2021

You have a cause of action for breach of contract. You can start with a demand letter and hope to get into a negotiation.

1 Answer | Asked in Copyright and Trademark for Florida on
Q: Can I use “Lucky 13” in clothing prints

I was thinking of using the words “lucky 13” for some clothing designs and just wanted to be sure not to step on anyone’s toes by doing that.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 16, 2021

You need to consult with an attorney and search for potential of conflict

Best luck

Marcos

1 Answer | Asked in Divorce for Florida on
Q: Does husband need to be at divorce final hearing. In person or prob over Zoom
Tami Lane Augen
Tami Lane Augen answered on May 14, 2021

Typically no, only one person needs to appear at the final hearing. The exception is pursuant to the simplified proceeding rule, in which case, both parties attend the final hearing.

1 Answer | Asked in Divorce for Florida on
Q: Hus never responded to served div papers. I filed motion to default and it was granted. Thought that was the end. Nope

The judge defaulted my husband but there were no repercussions toward him. I still needed to fill out every form that would normally happen if he had responded. I even had to fill out the forms that HE was supposed to do. Why is this “default” even an option if there are NO penalties?

Tami Lane Augen
Tami Lane Augen answered on May 14, 2021

There is not really supposed to be a penalty, a default means that you can proceed to finalize everything without his involvement and ultimately, receive a divorce and other relief if you requested same.

1 Answer | Asked in Estate Planning for Florida on
Q: how do I get POA when I live in CT & he in FL. This is for my son he has mental health issues and asked me Dawn

My son has not left his room since 15 and is going on 26 this year. He cannot express himself, severe anxiety and panic disorder since 15, Causing high BP at age 20. Type one diabetic, rare blood clot disorder, scoliosis, chronic back pain, now knee and shoulder issues. I am helping him to get... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 14, 2021

This is really a wills and estate planning issue. What you can do is contact an estate planning attorney in Florida and ask for assistance in drafting the POA document. If your son is not competent to understand and execute such document, then you may need to consider a guardianship proceeding.

1 Answer | Asked in Trademark for Florida on
Q: The owner of a trademark died without a will. Can this Trademark be claimed as abandoned?

The owner was my father. His wife at the time moved back to Russia & is not claiming the Trademark. I have a Death Certificate to prove he is deceased

Marcos Garciaacosta
Marcos Garciaacosta answered on May 14, 2021

You probably need to do probate and get a disposition of all assets including intellectual property.

Hire an attorney!

1 Answer | Asked in Contracts for Florida on
Q: My grandmother passed away and her kids have decided to sell the house, one of them live outside Puerto Rico, how can be

done without flying in to PR ?

Linda Liang
Linda Liang answered on May 14, 2021

You are saying you live outside Puerto Rico, you are a beneficiary and you consent to sell the house, but you do not want to fly to Puerto Rico, right? This is a question for closing company.

If you are not beneficiary, or you are but you do not consent, or you are not sure, you should...
Read more »

3 Answers | Asked in Immigration Law for Florida on
Q: Change status of my VISA Waiver program by getting married

My fiance is a US citizen and we getting married soon. I came to the US 18months ago with a Visa Waiver Program. Will it be possible to change my status? How long does it take?

Linda Liang
Linda Liang answered on May 14, 2021

I do not think you can adjust your status if you entered via Visa Waiver Program. You will have to go through consulting proceeding to receive your permanent residence status after your I-130 is approved.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can the HOA not accept my partial payment when there is no legal notice, and no notice from HOA ?

Ok - so, I owed $450 HOA dues per month from January 2021 - April 31 2001, plus special assessment of $500 month during that same time period I tried to pay $2100 multiple times in late April (no notice given by HOA of delinquency due to they stopped sending statements as of Jan 31, 2021)….I... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on May 13, 2021

A HOA does not have to send you statements. You know you have a duty to pay them and the law requires you to pay them whether you get a statement or not. It may be the HOA no longer accepts Zelle (which is a bad idea for an association to do) or has changed management companies. If they are still... Read more »

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