Lawyers, Answer Questions  & Get Points Log In

Florida Family Law Questions & Answers

2 Answers | Asked in Family Law for Florida on

Q: I have a final injunction and I an wondering if I can pack the respondent stuff and access that part of the house?

He has 2 lizards in his room that havnt been fed in a month and I'm not sure if were allowed in the room to feed them.

Rand Scott Lieber answered on Aug 22, 2019

The final injunction should have specified a method for respondent to retrieve his belongings. If he has been gone over a month then do what you need to.

View More Answers

1 Answer | Asked in Family Law for Florida on

Q: Can a legally disabled person get sopenna

William Jaksa answered on Aug 21, 2019

Yes. There are no rules that prohibit a disabled person from being subpoenaed. A disabled person would be entitled to the appropriate accommodations; perhaps testifying by video or access to a service dog.

1 Answer | Asked in Child Support and Family Law for Florida on

Q: regarding child support. If respondent agrees with everything except child support, what step do I take next?

can I still file even though he disagrees with the child support amount even though it is the calculation provided on the forms? he is ok with all other things except child support.

Rand Scott Lieber answered on Aug 21, 2019

File what you agree on and ask for a hearing on the child support issue.

1 Answer | Asked in Family Law for Florida on

Q: Judge said,on mothers scheduled days if she cant watch child,biological father gets rights to watch son. I am stepdad??

She is my fiance, we don't need him to watch her son. I watch him, I have flexible hours. I build my relationship with him and it is when we fish together. Is that right?

Rand Scott Lieber answered on Aug 20, 2019

Legally the rights of the biological father are superior to yours as the almost step-father.

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: I'm trying desperately to move out of state with my child but want to do it legally. The father refuses to work with me.

He will not budge on any terms except his own. I'm trying to move to an are where my last blood relatives are. We agreed for me to temporarily work out of state and bring the child with me during the summer. Now that school has started back, he is refusing to even let me talk with the child. What... Read more »

Rand Scott Lieber answered on Aug 20, 2019

You do not mention if you have been to court for paternity. If you have then you need to apply to that court for relocation. If you have never been to court for paternity (or child support) then the mother has 100%rights to do what she wants, with the child, including moving.

1 Answer | Asked in Domestic Violence and Family Law for Florida on

Q: A judge order family therapy for the victim and abuser of domestic violence.

My daughter is on her second probation for domestic violence against us. We have tried therapy in the past yet and know she does not respond to it. The judge order us the victims to attend therapy with someone we are genuinely afraid of. I asked for a review and the judge told us if I refuse... Read more »

Henry George Ferro answered on Aug 20, 2019

Time to hire a lawyer.

1 Answer | Asked in Family Law, Child Support, Juvenile Law and Social Security for Florida on

Q: Is it against the law for my mom not giving me my SSI check?

My mom has a disability so shes not able to work therefor she receives an SSI check for her, me and each of my sisters. She always spends it on herself and never gives us a dime. Is it wrong that she is not giving me my check?

Bruce Alexander Minnick answered on Aug 19, 2019

Unless you are over the age of 18 your mother can do pretty much whatever she wants.

1 Answer | Asked in Family Law for Florida on

Q: We're not married my children's mother without permission moved from Florida to Illinois what can I do to have my kids?

She moved from here in Bay county where I live now and have most of my life She up and moved from Bay, Florida to Moline, Illinois without permission. Now she will not allow me to talk to my kids on the phone or even visit my kids. When I try she will not give me an address. I have no idea how my... Read more »

Rand Scott Lieber answered on Aug 19, 2019

You do not say whether you have ever been to court to establish paternity. If the answer is yes then you can return to the court that established paternity and ask for timesharing. If the answer is no then mom had the legal right to move wherever she wants. You will need to file for paternity and... Read more »

2 Answers | Asked in Family Law and Child Support for Florida on

Q: My daughter wants to go live with her dad out of state. Will I have to pay him Child Support if he's never paid?

I live in FL and he in NC. My daughter has expressed she wants to go to high school in NC so she can go to university there. He decided to be a part of her life @ age 10. Before this, I was taking care of everything 100% without any help from him. When he became involved, he asked that I not do... Read more »

Rand Scott Lieber answered on Aug 19, 2019

Child support is the right of the child so legally you cannot waive it. I would suggest trying to reach an agreement with dad first. If he insists on child support if the move happens then you have the options of 1. not agreeing to the relocation and 2. pursuing back child support against him as I... Read more »

View More Answers

3 Answers | Asked in Child Custody, Divorce, Education Law and Family Law for Florida on

Q: Could my mom with custody refuse to provide education and sent me out of the country to my dad who doesn't? (Minor)

I am 17 years old and a citizen of The United States. When I was 8 my custody was granted to my mom when she got divorced. Later she immigrated to the United States and brought me along. She now bought me a plane ticket and are forcing me to go back to My dad who lives in China. Does she have the... Read more »

Terrence H Thorgaard answered on Aug 18, 2019

You would have to consult with an expert on the laws of China to determine whether your father could "refuse to accept" you. But if your mother has custody of you she can, until you reach the age of majority, require you to take the flight.

View More Answers

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Landlord - Tenant for Florida on

Q: Can my non guardian grandmother kick me out, a minor, if i have paid 200 a month to live with her.

I am a 17 year old living with my grandmother in a trailer/rv park. She does not have legal custody or guardianship of me, as she moved to get me out of a bad situation. She is now kicking me out with no where to go because she doesnt like me as a person. I have lived with her for 3 month approx.... Read more »

Henry George Ferro answered on Aug 14, 2019

Your grandmother would have to obtain a court order to evict you.

1 Answer | Asked in Child Custody and Family Law for Florida on

Q: Do I have any rights to visitation with a step child after her mom passed away?

We were legally married for four years and together a total of six.

Rand Scott Lieber answered on Aug 12, 2019

Since you are not a blood parent it is up to the child's father to allow contact with you. There is no direct legal standing for a step parent.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on

Q: In FL, how can I win the most timesharing with my 2 yr old son? I am about to get started with a divorce and want my son

In FL, they do "timesharing" and I have seen things that say what the courts consider when making those decisions. What i am wanting to know is how can I get enough timesharing that the child lives with me and I am not on child support? I want the mother to have visitation but ultimately the child... Read more »

Bruce Alexander Minnick answered on Aug 12, 2019

Sorry, but unless you can find a circuit court judge in your area who is willing to give you full custody you will probably never be able to avoid paying some reasonable amount of child support to the mother of your child. FYI, judges rarely award full custody to either parent--unless there is some... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on

Q: How do I prevent my wife from moving and taking our son from me? Currently we all live under one roof. She wants to move

We are about to go through a divorce and this is the first action she is wanting to do. She is currently out of town cheating on me so now my focus is me keeping custody of my son. She is saying she is going to move next month now that I've caught her but she's saying she taking my son with her. We... Read more »

Terrence H Thorgaard answered on Aug 11, 2019

It wouldn't make much sense to seek a TRO after she moves and takes the child with her because at that stage you would be seeking to restrain her from doing something she would have already done. Find a family law attorney and file for temporary orders immediately.

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: I file for a Contempt and enforcement and now my son's father's lawyer is trying to put it in mediation can he do that

Rand Scott Lieber answered on Aug 10, 2019

In family court a party can almost always request mediation to try and resolve the matter prior to seeing the judge.

1 Answer | Asked in Family Law for Florida on

Q: How can I contest a judgement regarding an emergency court order? Is there a form? Is it possible?

My ex is trying to sign up my children at a school that is beyond my transportation ability.

My divorce decree grants him the right to be the decisionmaker concerning their education.

However, I have filed a petition asking to reverse it since he stopped helping transport them and... Read more »

Rand Scott Lieber answered on Aug 8, 2019

You need to file a motion requesting emergency relief stating the reasons why it is an emergency. The court will then decide whether to hear it sooner or not.

1 Answer | Asked in Family Law and Child Custody for Florida on

Q: What does this mean, was their a judgement or a hearing already

THE MOTION QUALIFIES FOR EMERGENCY TREATMENT NAD ENTRY OF AN IMMEDIATE EX PARTE ORDER IS JUSTIFIED THE MOVING PARTY SHALL SUBMIT A PROPOSED ORDER IMMEDIATELY

Deborah Annette Carroll answered on Aug 7, 2019

The judge made a determination that an emergency existed that justified entering an order without the other party being present.

2 Answers | Asked in Family Law for Florida on

Q: i have a weird question

I have a verizon account and I am the account manager and I my boyfriend of five years is on the account, he is cheating and I need to prove it before I go crazy and leave as there are kids involved, but I can't read the content just the dates times and numbers, after research, it is a girls number... Read more »

Bruce Alexander Minnick answered on Aug 7, 2019

Sorry to tell you that your problem is not a legal one. The best way to solve your problem is to get away from your boyfriend and stay away.

View More Answers

1 Answer | Asked in Family Law for Florida on

Q: Can 18 year old daughter whom is under fathers custody in PuertoRico move with mother in us?

Daughter choose to move to us to start collage father disagrees I mother pay child support through PuertoRico now daughter 18 year of age has decided to move to us with me .What do I need to do.Father and I don't speak at all.

Rand Scott Lieber answered on Aug 5, 2019

You need to review the child support order. If it is from PR then you need to consult with an attorney in PR. In Florida when a minor turns 18 and has finished high school they are emancipated and no longer subject to the court's supervision, meaning that they are an adult and can move wherever... Read more »

1 Answer | Asked in Family Law for Florida on

Q: Can my husband file trespassing charges on my family whom I give permission to visit me in our home when he forbids it?

Bruce Alexander Minnick answered on Aug 5, 2019

This dispute needs to be addressed by a court of law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.