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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law for Florida on
Q: Can a brother be held liable if he has been told his brother has a MH problems and does nothing to get them help?

If 1 brother is informed, shown proof his brother is delusional and paranoid and does nothing to get him help including but not limited to getting courts involved can he be held liable if the mentally I'll brother harms himself or someone else?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 27, 2020

Unfortunately, this age-old question--best expressed in the Holy Bible--that asks you and all other all humans if they are their brother's keeper has been answered in the negative since time began.

There are many people who I communicate with daily who believe this selfish position...
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1 Answer | Asked in Family Law for Florida on
Q: Filed a motion for Contempt,This is the response MOT FOR CONTEMPT/NOT OF HEARING/NOT TO PRODUCE. What needs to be done

What needs to be done now on my part? This is family court where the Respondent is not following the final order and denying all communication with the children and visitations.

B. Elaine Jones
B. Elaine Jones answered on Oct 23, 2020

You should definitely consult with a family law attorney and probably retain one. A Motion for Contempt can be a serious matter. The other documents are requests that the attorney is making for you to produce information or documents. My advice is to consult with a family law attorney. Most... Read more »

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Florida on
Q: Can I block legally from my bf returning to residence after playing music n bar as I am high risk in virus?

I want to legally block my bf from returning to our shared residence after playing music in bar as I am high risk in contracting coronavirus & he REFUSES to agree to go elsewhere after playing to change clothes, shower & take all exposed equipment (he has a “following “ of people known... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 22, 2020

it's his as much as it is yours. So your best bet is to find another place to live.

1 Answer | Asked in Family Law for Florida on
Q: Mother is failing educational needs and requirements of my two boys. What are my options?

9 weeks passed an the mother of my

Children failed to enroll our kids in school. She then asked if I could just enroll them where I love for homeschool so I did as she asked but she is not doing any school work with the children at all. We have shared orienting plan and are to discuss all... Read more »

Ariel Rojas
Ariel Rojas answered on Oct 20, 2020

A: If there is a court-ordered or agreed upon time-sharing schedule, you will need to petition the Court for Modification of said time-sharing schedule. You will not be able to unilaterally decide to keep the minor children in your care. Additionally, in regards to enrolling them in a traditional... Read more »

2 Answers | Asked in Family Law and Child Support for Florida on
Q: How should I respond to a petition for modification of child support due to a child turning 18?

This fact is true however, the child is in college and is still being supported by myself and currently resides in my home. I also still pay for his insurance, vehicle, gas, and food.

Rand Scott Lieber
Rand Scott Lieber answered on Oct 19, 2020

The law in Florida is that child support terminates at age 18 and/or high school graduation. Unless you have a settlement agreement that says something different the child support will end.

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1 Answer | Asked in Family Law for Florida on
Q: My brother is threatening to report his 16yo son as a runaway after allowing him to leave with me. What should i do?

My brother had slapped my nephew and so he called me to come get him. When i got there, my brother said he wasnt going anywhere but then threatened to beat the crap out of him when i left so i stayed. After arguing for several minutes he told him to leave but not to ever come back and even said he... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 16, 2020

You need to contact the Department of Children and Family immediately.

Good luck.

1 Answer | Asked in Family Law for Florida on
Q: Do I as a Father of a child have a right to know WHO lives in my ex gf's new house?

Me and my ex gf have 50/50 child custody. She moved to her parents after we split up. 2 years later she moves to a new place and won't tell me who she rents the house with. As a Father I am concerned about my son's safety. What can I do?

Rand Scott Lieber
Rand Scott Lieber answered on Oct 16, 2020

You do not have a specific right to know the names of the people that she lives with. You do have a right to know that your son is in a safe environment. You always have the option of going to court if you can offer specific allegations regarding the safety of the child.

2 Answers | Asked in Family Law for Florida on
Q: In Florida if a car in bought with one of the spouse's money and it is registered under his name is it marital?
Rand Scott Lieber
Rand Scott Lieber answered on Oct 15, 2020

If it was purchased during the marriage then it is most likely marital. An exception might be if it was purchased with funds that were inherited. Title by itself does not make it non-marital.

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1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: How do I compel ex-wife to comply with court order to sell marital house at the price set by court and move out ?

The divorce final judgement was entered in Feb 2020 ordering the marital home to be sold and sale proceeds split. The order didn't set a deadline for the sale. the order accepted an appraisal for the house at 249K. the listing agent listed the house at 290 and later dropped to 270. 4 months... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 15, 2020

Draft and file a motion to compel. Or hire a competent lawyer to help you draft and file the motion to compel.

1 Answer | Asked in Family Law for Florida on
Q: Is there forms needed to accept and lump sum payout of alimony from my ex

My ex wants to pay me out with a lump sum instead of monthly payments, is there a special procedure to do this?

Rand Scott Lieber
Rand Scott Lieber answered on Oct 14, 2020

There is no form; however, if the two of you are in agreement then you should put the agreement in writing and both of you should sign it. As an additional measure, you can file the written agreement with the court.

1 Answer | Asked in Family Law for Florida on
Q: Is a parent who is instructed on divorce decree to have child under their medical insurance responsible for medical bill

Is a parent who is instructed on divorce decree to have child under their medical insurance responsible for medical bills?

My spouse's ex husband is suppose to have their daughter on his medical insurance through his work. He never put her on the insurance and now there is major... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 12, 2020

This is not a simple yes or no answer. Father was responsible for providing health insurance but there is normally also a provision for how "uncovered" medical expenses are paid. It is possible that the father could be liable for the portion that would have been covered by insurance due... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Florida on
Q: Is there any penalty for leaving 14 year old home alone with 4 children(7&under) every weekend for hours (12 hours)

I’m afraid for the safety of all children in the home while parents are away every weekend and coming home drunk. One of the children being looked after is handicapped. On occasion they can leave all of them home alone without adult supervision for up to 12 hours.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 12, 2020

Report this behavior to Child Protective Services at the Department of Children & Family Services in Tallahassee. Google it.

2 Answers | Asked in Family Law for Florida on
Q: i havent received help from my son father and he refuses to help when i ask he rudely denies help and tells me no

Im currently having issues with the father of my son he hasn't help with nothing of the child these months no child support i recieved $40 about two weeks ago and tells me to take that sorry child support and to stop asking him for help because he is not obligated to help me if the child is... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 12, 2020

There's a lot of information in your question and you should probably consult with an attorney for more detaled legal advice. That being said, if there is no child support order, the child support amount has not been legally established and therefore the Father is not violating a court order... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: I've been told that in the state of Florida a father who never been married has no rights to his children. Is this tru
Rand Scott Lieber
Rand Scott Lieber answered on Oct 8, 2020

As an unmarried father you must file with the court to establish your rights to the child. There is no default meaning that it does not happen automatically. Mother has all rights until you go to court.

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1 Answer | Asked in Family Law for Florida on
Q: Can you ask a judge to recalculate arrears in Florida Child Support case?

NCP was supposed to hold medical insurance on a special needs child and never did. The child has since been emancipated and I am looking to collect arrears that are past due? DOR has a hearing 10/14/2020 for contempt of non-payment...I need to know if I can ask them to recalculate the past due... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 7, 2020

The court can only give you what you ask for. You have to file a Motion for Contempt if he was supposed to do something and did not do it and it cost you money. Most child support orders include a division of medical expenses and you can seek reimbursement for those expenses. But unless a motion... Read more »

2 Answers | Asked in Family Law and Criminal Law for Florida on
Q: A friend of mine signed power of attorney over to me for all his affairs and properties while he's incarcerated

I am to move into his house and take care of his wife and to have anyone removed if they don't have permission to be there. The wife is not mentally stable to make decisions for her self. Question is can I do all of that without the police getting called and me going to jail for trespassing

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 7, 2020

The problem is not the police being called, but the fact that if his wife is there and this home is marital, a power of attorney is probably not sufficient to give you authorization over her property. If she has mental capacity and has not been declared incapacitated, a power of attorney on the... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My father has temporary guardianship of my son. Can I pick him up and spend time with him and bring him back afterwards?

The temporary guardianship by extended family members has been filed in court but we still haven't been to court yet to finalize anything. DCF closed my case after I filed the temporary guardianship form.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 6, 2020

Probably, if it's all right with your father (the guardian and grandfather of your son) and there is no court order in place.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: How and when to get a quitclaim deed/refi a mortgage after divorce?

Our divorce is just finalized and my husband's interest in our home is being transferred to me. We are both on the Mortgage. I know I need to refi to remove him from the debt, but how do we go about the quitclaim deed? Is that done before mortgage refi, at time of refi, or after the refi?... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 5, 2020

The best way is to get the quit claim deed executed now. You will then hold the deed until you refinance at which time it will be filed by whoever handles your closing. This way you do not need to chase down your ex in the future when you need the deed.

1 Answer | Asked in Family Law for Florida on
Q: In florida can a stepmother legally end life support even if there are signs of improvement and recovery

Father got sick and was put on life support with clasped lung and brain swelling after 2 weeks he has shown 70 percent improvement eyes are open and is off all meds still not talking .but possibly in next few days or weeks may be able to speak for his self. Can my stepmother pull the plug against... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 2, 2020

She doesn't get to "pull the plug"; the hospital does, after consulting your father's living will, if any.

1 Answer | Asked in Family Law for Florida on
Q: Change of Name in USA

I born in Puerto Rico. Currently living in Miami, Florida. Want to change first and last name. Can I have the petition for change name in Florida ?

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Sep 23, 2020

Yes, if you are now a resident of Florida, you can change your name through the courts here in Miami.

Good luck!

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