Hi my name is and I need some help CPS took my children without conducting a proper investigation...and had then split up and placed with family members..but when I ask about a case plan and when can I see them says I dont have a case plan and can't even get a chance to regaincustody...what... Read more »
The State is required to give you due process with a plan to determine if you may regain custody. All you need to do to make sure you are receiving the process is that is due is to have an attorney represent you. If you can afford a private attorney, hire one NOW - search for attorneys handling... Read more »
Both parties already signed and filed the same petition so via regarding court procedure does the petitioner still need to serve the respondent the simplified dissolution of marriage form via sheriff or process server?
If it is truly "simplified" and both of you signed the same Petition then you do not need to serve each other. If there are two Petitions, one by each of you, then the other can file an Answer and Waiver. Still no process server necessary.
Timesharing (visitation) is controlled by the mother and father. Extended family, blood or not, has no direct legal right to timesharing without going through the parent.
My name is and I have a couple questions regarding my current and future living situation. I will be 18 soon but will still be a senior in high school, can I leave my parents house when I turn 18, or would I have to wait until I graduate to move out. My parents are both mentally and physically... Read more »
When you turn 18 you will be an adult, and therefore able to move out whether or not you are still in school.
I have a protective injunction with no contact in place against my ex husband. I provided our 15 year old with a cell phone. She is the authorized user and the number/line is in her name. Her father believes it is a violation trap of the injunction for him to call her on the phone as I pay for the... Read more »
If the injunction provides that he is not to call you, it could be read to mean that he is not to call any phone in your home. So technically, he may be correct. But it is hard to imagine he could get in trouble unless you were to answer your daughter's phone; otherwise who is going to make... Read more »
My 11 month old son's father has been in and out of the picture since he was born. We are now broken up and I'm dating someone who is interested in adopting my son. As of right now we have not established paternity, but the bio father is on birth certificate. I just received a text from... Read more »
To make it legal you will need to go through dependency court. Even with the father's cooperation a termination of parental rights can be difficult. Look for a local family law attorney who handles dependency cases.
So what happened was during a custody trial, the father had claimed the defendant was trying to keep the daughter away from him (he’s behind on child support and has lied on who was watching over their daughter among other relevant things) and had said he had evidence that he wanted thing to work... Read more »
If text messages were offered as evidence, presumably someone testified about those texts being sent. That would be sufficient evidence of the texts. There might be hearsay problems, but that would depend on such matters as what exactly was intended to be shown by the introduction of each text,... Read more »
My ex was served and never responded to my petition to modify child support. A Clerks Default was issued against him on May 3 (he was supposed to respond by April 1) and a hearing on the default has been set for early July.
I have already filed and served my financial affidavit, and... Read more »
The Default simply is him not disputing what you alleged in your petition. You need to, if possible, provide evidence for what the change in child support should be. So yes, you should definitely file your evidence for the hearing. Normally financial documents are not filed on the docket, but with... Read more »
Wondering if a new custody agreement needs to be reached?
2017 we got a custody agreement written up in Florida
2018 we got married in Texas
We were separated after a month of marriage and are just now getting divorced in Florida
In what state are you getting divorced/ living in now? If you both signed the original agreement then it is a contract between the two of you. Unless you want to change it, you may be able to file it where you are getting divorced and ask the court to adopt the agreement. If you want changes it... Read more »
Full custody parent traveled outside the country and didn't inform the other parent. There are concerns of possible child abuse by step parent left in charge of child. Can non custodian parent do something?
You need to carefully read the parenting plan regarding travel and right of first refusal. If the custodial parent has all of the timesharing rights then it is possible for them to travel and use their chosen caretaker. If there is a restriction it will be written in the parenting plan.
School is out this Friday, June 4th 2021. Our regular time sharing plan alternates weekends. However, the summer schedule states that my husband and I get the first week of summer and we alternate weekends the rest of summer. This weekend would be the other parent's weekend. Does that stay in... Read more »
If you alternate weekends during school and during the summer then the common sense answer is that your first summer week would begin on Monday. Step one would be to read the parenting plan carefully. While holiday timesharing takes precedence, you probably do not want to alter the year long... Read more »
Clerk of Court has zero payments! If everything is electronic, why is there a discrepancy? Why doesn't the Clerk of the Court have any information? How do I get the Clerk to have the updated payments OR will the Court be able to see payments whenever we go back? Thank you for your help!
That's a question for the clerk.
the forms are notarized and are copies
Probably not. With a missing page, one would not know all the terms and conditions of the POA.
My ex husband and I agreed that our son would attend a different high school to the one stated in the parenting plan. My ex is now rescinded this and is insisting that he attend the high school stated in parenting plan and is threatening to unenrol him tomorrow. Does the joint decision we made... Read more »
The Parenting Plan controls unless it was modified in writing and adopted by the Court. Therefore, unfortunately the joint decision that was verbal is not binding. However, the joint decision is relevant related to any modifications on the Parenting Plan and school.
I am taking a trip to Puerto Rico. Is there an office in San Juan that i can obtain my original birth cert w/ my birth parents name on it?
The Government of Puerto Rico has partnered with document provider VitalChek to provide an expedited method for ordering new birth certificates. To apply through this method please visit: www.vitalchek.com. Vital Check also offers a bilingual call center available 24 hours a day, seven days a week.
Florida requires a petitioner to prove there has been a substantial change in circumstances in order to request a change to a parenting plan.
Is this a substantive due process issue, in that the state should prove a compelling interest in requiring an “extraordinary burden” (Wade v... Read more »
This is a pretty well settled area of law for a lot of reasons. There should be finality of judgments; however, in family law cases, the court can technically change final judgments via modification until the child is 18. Therefore, there is a legal standard that has been established for... Read more »
I became pregnant with my daughter during the time my boyfriend and I were separated. It was a one time and I do not know the father. The boyfriend and I did keep seeing each other and when I found out I was pregnant I told him and I moved back in with him at 6 months pregnant.
We were... Read more »
You cannot do anything. He is the legal father and the law is relatively complex in this regard. He has the right to maintain his status as the legal father and your child has the right to maintain her status of legitimacy. In terms of a timesharing schedule and parenting plan if/when you do... Read more »
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 »
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.
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
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.
General Magistrate ordered that I inform my ex (I share a son with them) any time I get a ticket/moving violation during a hearing where I was requesting to remove a joint stipulation from 2015 where I agreed I would not drive our son because I did not have a license. Neither my attorney nor his... Read more »
Yes, the magistrate was probably within the bounds of the motion since it had to do with your driving privilege.
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