But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... Read more »
It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not...Read more »
Can a judge force me to sell my house that I bought with the money I received from my husbands passing? I got remarried and paid for the house cash, my now husband has taken out the entire equity, to pay off his credit card debt. He agreed to pay it back, now he wants a divorce and has said the... Read more »
This is a complicated question with multiple steps. Step one is to determine what portion of the house (equity) is marital. You say that the deed lists you, your husband and your daughter. This could mean that you each have a 1/3 interest. It could mean that you and your husband have half and your...Read more »
My daughter passed away from covid right after having her baby. Baby is premature and was in the nicu. Acknowledgement of paternity was never established with her boyfriend but hospital still released the baby to him. Would I need to file an emergency custody order or temporary custody to get him... Read more »
If you are in court for relocation then you cannot move without court permission or agreement of the other party. You can request temporary relocation from the court while the case is pending. If you move without permission it can be held against you in court. Look for a consultation with a local...Read more »
What is my next step if my ex fills out the Motion To Set Aside Default form? She is in default from my supplemental petition for modification for timeshare and child support. (I assume she would need to get a lawyer at that point and I will no longer be able to self litigate effectively. The judge... Read more »
My alleged husband faked out civil ceremony, the person marrying us pretended he did not have a pen my husband gave him an invisible pen, I signed my signature faded after a couple days, he then forged signed my signature on marriage certificate.
One of the grounds for annulment is that one of the spouses used fraudulent acts or misrepresentations to trick the other spouse into entering the marriage. It sounds that you were there and signed the paper there. If you want to prove that you were tricked or forced to enter the marriage, you need...Read more »
I just went through a divorce and the judge granted my ex the home. She asked for the home so she could sell it to pay her student loans but never filed anything in court about how much these loans are or anything except she painted the house and put a fence up. Is there someway i can have this... Read more »
I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has... Read more »
You must serve the current guardian if you are attempting to have them removed or replaced. You should consult with a guardianship attorney. Most AVVO attorneys offer a free initial consultation. Contact one of us today and let us know you found us on AVVO. Good luck.
To my knowledge, Florida law doesn't provide for court actions for marital separations. You either get a dissolution (divorce) or you don't. The concept is sort of anachronistic because wives can now (and could for a very long time) own their own property and enter into contracts. You...Read more »
I get the plan covers until the children are 18. We have equal custody and do week to week. We alternate holidays and have a separate summer schedule. We use this schedule to plan our future trips. My ex only wants to establish this schedule 2-3 months in advance, however I would like a longer term... Read more »
In a Divorce process, when a parenting plan is established, it is typically done for the duration of the child's minority and it is a plan that can be used from year to year. The Court will not keep a case open so you and the other parent can be changing the plan every few months. A parenting...Read more »
The father has not helped financially at all, he’s even questioned DNA, he has two other children from previous relationship and has nothing to do with them. I recently found out he now has another woman pregnant and also he’s on drugs and have proof.
If he has not been adjudicated the Father by a Court, he has no legal right to have timesharing with the child. He will have to file a Petition for Paternity in Court to be adjudicated the Father and request timesharing. At that point, you could present your evidence and witnesses regarding his...Read more »
I fear for my 14 month old baby's life, my seperated husband refuses the covid vaccine and if he gets covid, he's putting my baby's life at risk. Can i stop him from seeing my baby unless he gets the vaccine?
If you disagree on time-sharing you need to file for divorce and ask for the court to order a parenting plan inclusive of a time-sharing schedule. I have never seen the court limit a parent's contact over not having the vaccine and do not think that is a likely outcome absent an extraordinary...Read more »
My ex and I are not together due to domestic battery. I had a restraining order for two years and was not able to renew it because he had not contacted me. Since his battery charge against me he has been arrested 3 times for battery and convicted once. He and I own the house that my children and I... Read more »
I can read this incident another way: Perhaps your husband brought a cop with him when wanted to give his children something--at a time he knew you would not be there--just to be sure you could not renew your outdated domestic battery retraining order. He probably also wanted to avoid a nasty scene...Read more »
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