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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Will a Florida Judge order my 13 year old daughter to be returned to her grandmother that lives in a retirement home?

My mother has custody however my mother surrendered my daughter to me in 2018 and decided to cut ties with us. she came back into our lives in 2020 only to create more problems for me. Now in nasty custody battle and we have a hearing for next week to see if my daughter would be returned to her... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I really need more background on the case to get an understanding of the nature of the claims being made and the procedural history of that matter. Courts are almost always going to recognize the superiority of a parent over a non-parent. That being said, there are situations such as abuse ,... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What controls can I place on a12-year-olds' cell phone given to him by his non-custodial mother?

My son has a smartphone that his mother gave to him without discussion with me. The phone has a lock code that his mother will not share with me and she has instructed the child to not share it with me. Our parenting agreement has no mention of cell phones to guide us. I have parental controls on... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

This is a shared parenting issue and may possibly be addressed in your parenting plan under communications. If not it is still a shared parenting issue . You should consult with a qualified attorney to discuss the situation and give a good analysis as to how to proceed forward

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: I am pro se in a child custody case, I don't know what paperwork I need to fill out as I am up against an actual lawyer.

Though I am getting my paralegal degree, I haven't reached family law and I'm scared I am going to lose my case and be placed on child support, and even lose my rights to my daughter. I am reaching out because I need help I'm just a full-time paralegal student mom and cashier who is... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

You should go to the family law forms website and almost everything is there.

https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms?parentId=669505&sort=form/number%20asc,%20form/date%20desc&view=embed_custom&searchtype=form&limit=50&query=&offset=0

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I'm representing myself and need to know how to ask for Production of documents and request for admission.

I have a few documents I need from my ex, and 12 questions I want him to answer. In my county we have a printable interrogatories paper, but nothing for the other 2. Not sure how to ask for them, or if there is anything special I have to do. Can I just email my request to his lawyer, or do I have... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2022

See the Florida Rules of Civil Procedure, particularly Rules 1.280 through 1.280.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I'm representing myself and need to know how to ask for Production of documents and request for admission.

I have a few documents I need from my ex, and 12 questions I want him to answer. In my county we have a printable interrogatories paper, but nothing for the other 2. Not sure how to ask for them, or if there is anything special I have to do. Can I just email my request to his lawyer, or do I have... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

It’s a really bad idea to represent yourself. The first place you need to look is... Read more »

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: I need to know what to do to get my child back in my life back in my custody
Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Jun 24, 2022

Contact a family lawyer to know if you can request for a child custody re-evaluation. You will need to proof that getting your child back is in his/her best interest.

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3 Answers | Asked in Child Custody and Family Law for Florida on
Q: What if my ex has full physical custody of our 16 year old son but now is trying to force me to take him?

My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I... Read more »

Pamela J. Fero Esq.
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Pamela J. Fero Esq.
answered on Jun 24, 2022

File a Motion for Contempt.

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3 Answers | Asked in Child Custody and Family Law for Florida on
Q: What if my ex has full physical custody of our 16 year old son but now is trying to force me to take him?

My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I... Read more »

Mr.  Joseph Lafayette Gufford III
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Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

Sure, you can file a motion for contempt/enforcement. On the other hand, it might be beneficial to consider filing a modification action and pick up some child support along the way. Support should be retroactive to the date she stopped exercising access. Talk to an experienced family law attorney.

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1 Answer | Asked in Family Law for Florida on
Q: my sim is 17 years old will be 18 in 3 months,He’s staying in a shelter is the consider child abandonment
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2022

"Child abandonment" is apparently a legal concept in Alabama, and perhaps other states, not in Florida. It's doubtful that you would be prosecuted, if that's what you are worried about.

3 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: What sleeping arrangements does he need to provide for my daughter when she stays with them? My daughter is 8.

Good afternoon, my ex husband and I are divorced. We have a daughter together and she spends every other weekend at his house. He has a relationship with a woman that has three kids and all three kids sleep in the same room because she lives in a two bedroom house. Now he is planning on moving in... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 20, 2022

The court standard is always "best interests of the child." He does not have to provide a separate room for your daughter at his house. He does need to provide a room that is safe and appropriate for the child. You knowing the other children is not relevant to the court unless they are... Read more »

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1 Answer | Asked in Estate Planning and Family Law for Florida on
Q: Before we got married, my spouse and I disclosed our financial assets

and I am employed and make a very good income and I have a son that is a minor from a previous marriage to whom I would like to transfer my assets for his future and I will rely on my income that I am earning now. I am not planning on getting a divorce, but in case my husband and I will get to... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 20, 2022

Read the prenuptial agreement carefully. If in fact it says what is yours is yours then you can transfer it whenever you choose to whomever you choose. You may want to speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law for Florida on
Q: My husband and I have a prenup ( that he wanted me to sign 4 days before we got married)

and long story short in the prenup what's mine is mine and what's his is his. He recently put me on the deed of his house ( the one we currently live in) however our prenup says that if I die before my husband, he will be getting a certain amount of $$$ from my estate. How do I avoid for... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 20, 2022

You need to look carefully at the deed to the house and how it is titled. If it is tenancy bu the entireties then he will get the house if you die first and likewise you will get the house if he dies first. A specific dollar amount owed per the prenup will be enforceable regardless of how the house... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: I have a parenting plan in place in florida. Was wanting to move to Ohio.

Can I move out of state if I continue to pay my child support?

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 18, 2022

You, the parent, can move wherever you like as long as it does not change the child's school or the other parent's timesharing schedule. Otherwise you need to seek either agreement from the other parent or go to court. I am guessing from your question that you want to move and leave the... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: My father passed away left the house to me and my brother I have lived here for fifteen years by myself

Now he is moved in the house has not paid anything has not paid taxes is calling the police on me weekly for no reason unfounded reasons is there anyway I can get him out of my house without having to sell it and give him half the proceeds

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 18, 2022

Unfortunately your only legal remedy is probably partition, which means buying your brother out. It doesn't necessarily mean that the house must be sold but he will be entitled to his share of the equity. You can argue and should receive credit for maintaining the house all of the years that... Read more »

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Florida on
Q: My husband has inherited a house in Tennessee. We have a question about inheritence tax.

The deed to the house is in just my husband and his step-dads name. However there are 4 more siblings. The step dads will states that the house is to be sold and split 5 ways. Will my husband be soley responsible for any taxes due or fees since he is the only one on the deed?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2022

It appears that you husband and his step-father each have half interest in the property. So what do you mean when you indicate that your husband is the "only one on the deed"; has the step-father died? If the will is admitted to probate, one would expect that the step-father's half... Read more »

1 Answer | Asked in Adoption and Family Law for Florida on
Q: NC allows for dissolution of adoptions. I have been trying to figure out for 20 years how to be reunited with family

I have changed my name but I want my original birth record and baptismal cert with my family name. The adoption did not work out. Now everyone is dead mom step and dad. For emotional and mental reasons to die knowing I have been reunited with my family with my true Id returned to me. Can someone... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 16, 2022

If you are looking for advice on how to find your biological parents or their relatives, this is the wrong forum for that - it's not a legal issue. Look for organizations that help people with that issue. If you locate your biological parents and wish to be adopted by them, and they are... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have permanent guardianship of a minor child in. I want to give guardianship to a sibling in Florida.

What forms and what state do I file?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2022

The you would file in the court which originally awarded you guardianship. It is doubtful that the court has forms for that; you need to consult with an attorney licensed to practice law in that state.

1 Answer | Asked in Family Law for Florida on
Q: My mother and stepfather adopted my brother as an adult. Do I have any legal rights to inherit from my mother ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2022

If she dies with a will, it would generally depend on the terms of the will. If not, your step-father and half-brother would get shares of the estate; so would you.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Florida on
Q: is there a way to evict someone out of a house if they own 50/50 but don't actually help pay for the house & other bills

My wife owns 50/50 of a house with her sister because when their mom passed away, she didn't have a will. Is there any way we can legally get her evicted from the house and ownership of it? She doesn't work. doesn't pay the mortgage, electric, water, etc... we pay all the bills while... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 14, 2022

The best solution to your wife's unfortunate situation is to her to hire a real estate litigation attorney to file a lawsuit called a "partition action" to force the sale of the house. Your wife and her sister would then split the proceeds. She might be able to convince the court... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Is it possible to legally ask my children 33 years old to do a DNA test to prove maternity

I have asked them and they refuse to do so. I even sent them a 23andme test kit

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 13, 2022

In family court you can not compel a DNA test on an adult child.

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