Florida Family Law Questions & Answers

Q: I am a grandmother with temp custody. mother is in nc. father in florida. can i move to another state. will the courts

2 Answers | Asked in Child Custody and Family Law for Florida on
Answered on Apr 19, 2019
Bruce Alexander Minnick's answer
Be very careful here:

Unless you have been given temporary custody by a court of law, you may be charged with the crime of kidnapping if you just pick up and leave the state.

If you have been given temporary custody by a court, you must ask the court for permission to take the child out of state.

If you and the child reside in Florida, the courts of Florida have jurisdiction over the child. The same is true if you and the child reside in North Carolina....

Q: Parents are still married living separately. Divorce isn't final, just filed are doing this on their own. There are

1 Answer | Asked in Family Law for Florida on
Answered on Apr 18, 2019
Bruce Alexander Minnick's answer
IMPO, both parents need to hire divorce lawyers; and as a general rule, the judge will decide all the issues raised.

Q: My husband pasted away June 2018. I am waiting to go through probate in another year but he has Bitcoins

1 Answer | Asked in Family Law and Probate for Florida on
Answered on Apr 18, 2019
Phillip William Gunthert's answer
Very sorry for your loss and the passing of your husband, please accept my condolences. Any assets that a person owns in their name alone will normally have to go through probate unless there is some pay on death, transfer on death or survivorship designation on a deed or similar that allows for the transfer of that asset outside of probate. Bitcoins would normally be in some sort of investment or other brokerage account and would likely pass based on joint ownership or some survivorship...

Q: My boyfriend passed away when I was 30 weeks pregnant. How do I get his name on our daughter’s birth certificate?

2 Answers | Asked in Family Law for Florida on
Answered on Apr 17, 2019
Rand Scott Lieber's answer
You could have told the hospital at the time of birth. If that opportunity has passed then you may not be able to do it. Try speaking to a lawyer in your area that handles probate cases (cases involving dead people).

Good luck.

Q: I was wondering at what age can a. Child say which parent they want to live with. We have joint custody. She will be 12

1 Answer | Asked in Family Law for Florida on
Answered on Apr 15, 2019
Bruce Alexander Minnick's answer
The court makes this decision. The court may or may not do what the child wants either.

Q: Ward is confined to memory care at ALF. Son is guardian, can wards house hold bills be paid through the guardianship?

3 Answers | Asked in Family Law, Elder Law and Probate for Florida on
Answered on Apr 14, 2019
Lauren Nagel Richardson's answer
You will need an order from the court before the ward's expenses can be paid. There are quite a few options including petitioning the court for the ward's son to be determined to be the ward's dependent. Also with the guardianship court's order, the house could be transferred to a child who has been the caretaker for a period of time. You should work directly with the guardianship attorney that you have hired to represent you to explore the options under chapter 744, and always petition the...

Q: I want to legal custody of my grandson and my daughters unborn child she currently lives with me but always leaves her

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Answered on Apr 14, 2019
Bruce Alexander Minnick's answer
This can be done--but not here online. Contact a family lawyer in your area.

Q: Is custody or guardianship the right choice to pursue so our granddaughter can stay with us until graduation.

1 Answer | Asked in Child Custody and Family Law for Florida on
Answered on Apr 10, 2019
Bruce Alexander Minnick's answer
The child's preferences do not matter. Unless you are the child's legal guardian there is little you could do if her mom decides to come get her. On the other hand, given the history of CPS involvement, you might be able to convince the state to help you gain legal control over your granddaughter. This will require some official legal action based upon some current compelling reason for the state to intervene. Custody decisions are under the control of a state court judge upon properly filing...

Q: Disability is trying to cut my moms money is half because my fathers income increased but he does not live the home.

1 Answer | Asked in Family Law for Florida on
Answered on Apr 7, 2019
Bruce Alexander Minnick's answer
If your mom is still married to your father it does not matter where he lives.

Q: What rights may i have being a legal guardian to a minor over a blood relative that is unfit to care for her? Can i adop

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Answered on Apr 4, 2019
Bruce Alexander Minnick's answer
The issue of the grandmother's fitness to care for her grandchild is not yours to decide. Under normal circumstances any blood relative has some level of priority over any and all non-related guardians. The status of your guardianship can be determined by knowing the kind of guardianship it is and knowing under what authority it was granted.

Q: Can paternal grandmother keep my son away from me with only guardianship I signed over while in hospital?

2 Answers | Asked in Family Law for Florida on
Answered on Apr 4, 2019
Rand Scott Lieber's answer
You need to read the paper that "signed over guardianship" to grandma and see what it says about terminating the agreement. If it is silent then you may need to seek the court's help of grandma refuses to return the child.

Q: If a clerk of the court/staff liable for damages resulting from inaccurate account maintenance?

3 Answers | Asked in Family Law and Child Support for Florida on
Answered on Apr 4, 2019
Denise Martinez-Scanziani's answer
It is doubtful there would be liability. You would first have to establish the clerk has a duty to maintain accurate records. It appears you’re asking about holding the clerk civilly liable for this error. I recommend you post your question to a civil lawyer since you’re not seeking to seek damages against the obligee.

From the family law standpoint, modification after emancipation is not usually permitted since the court loses jurisdiction.

Q: Want my daughter back, my father has sole custody. Hearing was done in Ala, while I was in hospital.

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Florida on
Answered on Apr 3, 2019
Denise Martinez-Scanziani's answer
You've posted this question for a Florida lawyer, but it seems that you should ask a lawyer licensed to practice in AL. If that is where the child is, that is the state who will have jurisdiction over your daughter.

Q: My brother’s ex-wife never cooperated with the visitation rights. What can we do to get visitation rights?

1 Answer | Asked in Family Law for Florida on
Answered on Apr 3, 2019
Denise Martinez-Scanziani's answer
A petition for modification of a time-sharing schedule based on substantial change in circumstances (i.e. mother is obstructing and interfering with time-sharing) can be filed as a new case in the county where either parent currently resides or where the last order was entered. He may also need to petition to modify his child support. The longer he lets it go, however, the worse it will be.

Q: I want to gain full custody of my son, we have split custody right now. I am worried that his father is using drugs.

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Apr 3, 2019
Denise Martinez-Scanziani's answer
If you already have a time-sharing schedule by court order, then you will need to petition the court for a modification and show that there has been a substantial change in circumstances since entry of the last order. For those who cannot afford a lawyer, a good option may be your local Legal Aid.

Q: My girlfriend wants me to adopt her son from a different country

1 Answer | Asked in Adoption and Family Law for Florida on
Answered on Apr 3, 2019
Denise Martinez-Scanziani's answer
If the child is not a citizen of the US, the laws governing international adoption will likely apply even if the child is present in the US. The child's nationality will also have an impact on whether this adoption is even possible. You first want to speak with an immigration attorney.

Q: How to get title of a home after death of owner, when one is only surviving sibling?

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Answered on Apr 3, 2019
Denise Martinez-Scanziani's answer
This question can be best answered by a probate attorney. I would post your question under that area of the law.

Q: Can child custody be changed if it’s been the same for a few years and isn’t on paper yet, just verbal?

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Answered on Apr 3, 2019
Denise Martinez-Scanziani's answer
One of the factors the court must consider to determine the "best interest" of the child under section 61.13, Florida Statutes is the length of time the child has been in a stable environment and desire of maintaining continuity. The longer this schedule is in place and the child is doing well, the stronger the argument is that this schedule is likely in child's best interest.

Q: Can you have your childs other parent take a drug test to prove he/she is not on drugs? For sole parental responsibility

1 Answer | Asked in Civil Litigation, Libel & Slander, Family Law and Child Custody for Florida on
Answered on Apr 3, 2019
Denise Martinez-Scanziani's answer
You have to make this request in writing to the judge. Depending on the basis for your request, the court may order a drug test which can be done by either a urine sample or a hair follicle drug test. the hair follicle drug test will detect drug use for a much longer period of time than the urine test.

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