During our marriage we purchase a house 1/3 mother in law, 1/3 spouse, 1/3 myself (loan) and sold with profit of 30k that amount has then been put into a house that is now under her name only that was purchased by her mother and forced to sign a balloon mortgage contract. She also made me sign a... View More 
answered on Aug 2, 2023
In Texas, all property is presumed to be community property. The burden of proof is on the person claiming something as their separate property to prove their claim by tracing the property claim back to the magic moment of inception of title. While your first home was purchased during marriage,... View More
I am a US defense contractor in Germany. My husband is threatening to leave me and take our two children back to the US. We are here under the NATO Status of Forces Agreement (SOFA). What are my options to prevent him from taking them back to Florida? Do I need to file for divorce or is there some... View More
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answered on Jul 28, 2023
To prevent your husband from taking the children back to the US without your consent, you should seek legal advice from an attorney experienced in family law and international child custody matters. Given your situation as a US defense contractor in Germany under the NATO Status of Forces Agreement... View More
I am a US defense contractor in Germany. My husband is threatening to leave me and take our two children back to the US. We are here under the NATO Status of Forces Agreement (SOFA). What are my options to prevent him from taking them back to Florida? Do I need to file for divorce or is there some... View More
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answered on Jul 24, 2023
I am not a family lawyer but I work on international cases. This is what I know...
If the child is not present in Florida and resides abroad, Florida courts may not have jurisdiction over child custody matters under normal circumstances. Jurisdiction in child custody cases is typically... View More
I’m in the process of getting divorce and we have come to agreement to split child’s expense. He insisted on 50/50 physical and legal custody. I’m currently working and he hasn’t employed for over a year. If I agreed with 50/50 custody and put into parenting plan, would judge honor it or... View More
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answered on Jul 17, 2023
Child support is calculated pursuant to the formula in the statute (law). The judge can only waive the exchange of child support if the amount is de minimus (very low). It may be possible (outside of court) for you and the other parent to agree to something different but that can create other... View More
I am the petitioner and I have petitioned the court to establish paternity and other related relief, however, the father has hired an attorney (I am pro se) and the father wants time-sharing and has declared to be the Father but I want a paternity first. I don't know what form to file to... View More
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answered on Jul 15, 2023
If it was not in your initial pleading, file a motion for DNA testing. If you filed saying that he is the father and his answer admits that he is the father then paternity is established. You can ask the court for a partial final judgment of paternity. Speak with a local family attorney for more... View More
Which forms i need to do it? i was checking prices from a lawyer and they charge me more than 5000, i don't have that money. my ex give me the full custody but i need domesticate in florida, so i can have here too.
thank you
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answered on Jul 14, 2023
Yes, you can do it yourself. The first step is to get the Brazilian equivalent of a certified copy of the court order. You would also need to have it translated. Once you have the translated certified copy you can file it with your local court. Speak with a local family lawyer for more specific... View More
The court awarded my request for supervised visitation and my ex-wife's visitation time (every other weekend) is supposed to be spent at her mother's house and under her mother's supervision. My ex-wife is arguing that she is still allowed to pick up/transport the children on her own... View More
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answered on Jul 11, 2023
You have included several issues in your question. The short answer is that she must follow the court orders, as written. If the two of you do not agree on what the court orders mean then you must return to court for clarification. Since timesharing is modifiable until the children emancipate,... View More
Schedule. I don’t mind that he moved but there was no communication about this and now he requested less days with her. And I am still receiving the same amount of money from him.
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answered on Jul 10, 2023
Child support is modifiable until the child emancipates. If you agree to the new schedule then you should get it in writing. You can either agree on a new child support number or return to court for a modification based on the new schedule and your current incomes. Speak with a local family lawyer... View More
I have been divorced from my ex in Brazil since 2022, he gave me custody of my daughter there, but I live in Florida and I need full custody of her here too, how can I proceed in this case? he was deported for domestic violence
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answered on Aug 6, 2023
As a Californian attorney, I recommend consulting with a family law attorney in Florida to understand the process of obtaining full custody of your daughter in the state. Your divorce decree from Brazil granting you custody may be recognized in Florida, but you may need to take legal steps to... View More
I have been divorced from my ex in Brazil since 2022, he gave me custody of my daughter there, but I live in Florida and I need full custody of her here too, how can I proceed in this case? he was deported for domestic violence
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answered on Jul 10, 2023
If you have a Brazilian court order then you can domesticate that order here in Florida. You will need a certified copy and it will need to be translated. Because it is international you may need an Apostille. Speak with a local family lawyer that deals with international family matters for more... View More
My ex lives in Pennsylvania she came from Honduras 5 years ago with her other husband and kids. I have a son with her that’s been living with me in Florida since 2015 when I arrived to the state from Honduras. Recently she came down here to Miami to pick up my son to spend the summer in... View More
answered on Jun 22, 2023
If your son stays with his mother in Pennsylvania for six months or more, she will be able to file for custody there, and the Pennsylvania courts will have exclusive jurisdiction to decide custody. You should contact a Pennsylvania attorney for more specific advice regarding how to get your son;... View More
My daughter had the choice live here for free and go to school or get a job and pay rent. She decided to be on her own and lived with a family member for almost a year and worked a job. Recently moved to P.R. and is living with her father. Now, she is asking for the child support card and money,... View More
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answered on Jun 2, 2023
Question 1: Is there a current child support order in place? If no, then you have no financial obligation at all. Legally child support can only be pursued by the parents so your child has no legal standing to request child support from you. Finally, if your child is 18 then she is emancipated and... View More
Can I take my child out of state, if a restraining order is on me from my soon to be ex wife? I haven’t seen my child in a couple of months.
answered on May 31, 2023
You may hire a lawyer in one state, even if you live in another. You really should since you appear to be subject to a restraining order which may be controlling over your parenting rights until you can get an order more specifically setting out those rights. The specific language of the... View More
We were never married and never went to court. She’s always lived with me, I’ve never collected child support. Have not gotten any financial help in over 4 years and before that it was always minimal. Can he put me on child support if she goes to live with him? How can I prevent this?
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answered on May 22, 2023
If you have never been to court then you have full control of timesharing (custody). The only way child support would be triggered is if one of you (parents) goes to court on a paternity action. You could pursue child support going back in time up to two years. He could pursue child support moving... View More
My 3 children & I live in Florida for last 9 years while their mother has lived in Michigan. We have never been though court system. If I let the kids visit for a month this summer does she have to give them back ? Would a notary or a note for the mother be evidence of her promising to bring... View More
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answered on May 15, 2023
If you let them leave without a written agreement or something filed with the court you are stuck with the "honor system." If, in fact, she refuses to return the children, you would be forced to go to court here in Florida and fight for their return. You would have a strong case based on... View More
STEM program is only 1 hour away from the mothers house. Fathers house is 36 mintues away and is able to take and pick up child from school if he had majority custody. The mother has no job, and is fully capable of taking and pikcing up child from the STEM program, but refuses to for unknown... View More
answered on May 7, 2023
You would not need to have majority custody. You would only need to have final decision-making over educational decisions. You could file a motion in the same court where the initial parenting plan or schedule was entered and ask to have it modified or ask to have the court determine if the STEM... View More
I filed for divorce in feb. when I did the first package the family affidavit was file . The judge order mediation but her lawyer didn’t submit her affidavit till this morning which I couldn’t see till after mediation which we didn’t agree to anything! I emailed the lawyer asking her for the... View More
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answered on May 23, 2023
Both parties are required to provide mandatory disclosure to the other party. Florida Family Law Rule 12.285 states what documents are required to be provided to the other party and the time frame for production. If a party fails to provide said disclosure, the opposing party can file a motion to... View More
We executed a parenting plan during divorce proceedings last year. I am the mom and I could request up to 3 drug tests (hair follicle) from the Father - if positive, it suspends his timesharing until he provides two clean tests within the same week. Father has tested positive for cocaine, which... View More
answered on May 2, 2023
If you are seeking sole parental responsibility for your child, you can file a motion to modify your parenting plan with the court. You will need to provide evidence of factors such as alcohol or drug abuse, negligence, or domestic violence against the father in order for the court to consider... View More
He is only seeking every other weekend. Which leaves me all the school days. I cannot call out every time out 4 and 6 year old are sick. Can an arrangement be put into our custody agreement to where we need to alternate sick days if the kids are sick? Even if it’s during the week?
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answered on May 2, 2023
Unfortunately, the way it usually works is if it is your timesharing day then you are responsible for child care. If dad has a school day and they are sick then he is responsible, same for you. You can try to address this issue financially (through child support or otherwise) so that you can afford... View More
We executed a parenting plan during divorce proceedings last year. I am the mom and I could request up to 3 drug tests (hair follicle) from the Father - if positive, it suspends his timesharing until he provides two clean tests within the same week. Father has tested positive for cocaine, which... View More
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answered on May 2, 2023
You need to be clear about the difference between sole parental responsibility (decision making) and 100% timesharing. It sounds like you want 100% timesharing which is difficult to get. The court is always going to try and encourage a relationship between the child and both parents. You have given... View More
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