I applied for child support about 2 weeks ago, and they just sent me a letter saying they opened an administrative case. I’m pretty sure that my ex boyfriend received this as well, b/c I just checked the clerk of court website & I see that he has filed a petition to establish paternity (filed... Read more »
The DOR case (administrative) and the Paternity case should be consolidated by the court. There is no reason for a delay as you are entitled to child support regardless of his filing.
My daughter is currently finishing her degree and has not worked so my husband and I will be helping her raise the child
You can charge him rent if he is living in your house but you say he has abandoned the mother. If that is the case then the mother needs to pursue child support from the father, which she can share with you for expenses.
My daughter has a 5 yoa son with her ex boyfriend. He has not seen the child in almost 2 years. We just got word from one of his family members that he’s going to be filing a petition to establish his paternity. My daughter for some reason wants to file first so she can be the first to say what... Read more »
There is no advantage to filing first. The court is going to do what is in the best interest of the child regardless. Until anyone files mom has 100% rights over the child.
It should not be a problem as long as you can prove the father's death, perhaps with a death certificate. Just file a Petition for Name Change where you live.
My fiancé is a pro se respondent in a child custody case petitioned by an abusive ex-boyfriend. Given the fact that she has an injunction against him for DV, does she have to face him, and his equally intimidating witnesses, alone in the courtroom, or can she appoint a non-lawyer (namely myself)... Read more »
No; those activities would constitute the unauthorized practice of law. It's a crime.
My wife & I have recently separated, and are trying to handle things amicably. She has left Hillsborough County FL to live with her boyfriend in Alabama. We've agreed to having my son spend spring break up there with her. However, she won't tell me her address because she's "worried I'll serve her... Read more »
First and foremost, you DO NOT want to send your son to Alabama before you have formally filed and had her served with dissolution of marriage documents. Otherwise, she will be able to keep your son over there and refuse to return him. You are entitled to her address and other information just as... Read more »
Me and the baby’s father aren’t together and were never married. He had a lot of issues as in mental, money, probation, he was aggressive and manipulative,etc. I decided it was best for me to leave him and take care of myself and my pregnancy since he wouldn’t become responsible. I hadn’t... Read more »
No, your lawyer is correct; you don't have to tell him anything.
My son has a misdemeanor DV battery conviction (10/2018), and a violation of DV injunction conviction (6/2019) both against the mother of his 4 yr old son. He has not had any contact with his son in about 19 months due to this. I was doing some research & I see Florida has a “rebuttable... Read more »
If your son was ever on probation for any of the charges, he should have been ordered to complete a batterer's intervention class and anger management. If he has not completed any of those, he probably should. Also, he may want to consider completing a parenting class. Best of luck!
If divorce occurs in one state, does the marrying state influence the terms of divorce?
The prenuptial agreement can have any terms that both sides can agree to, even 70/30. Most of these agreements state if only one states' laws will apply. This would mean that despite you moving somewhere else, the laws of the state where you choose would be applied.
Good luck!
He has made several attempts to visit him. (Mother denying) Just recently she finally agreed to a visit and the day of we find out she left the state. When he contacts her she tells him shes on vacation and they can set something up for visits when they come back. That was over a month ago! We have... Read more »
If he has not established paternity through the courts, he needs to immediately start the process. Otherwise, he has no legal rights to timesharing with the child. He then needs to search for her in the new state through social media, questioning family members, or other methods. Worst case, he... Read more »
My daughter has her biological father last name but he was charged with child abuse and neglect against my daughter when she was 18 months so he hasn’t been in her life since then my current fiancé has been helping me take care of her since she was 2 years old and she told us she wants his last... Read more »
Seeking a name change and seeking to adopt are two very different things. Call a family lawyer and ask for assistance.
If the cmfinal order gave you the property right, she is in contempt for violating the order. You would have to file an appropriate motion to hold her in contempt of that final order.
I have been separated 2 years now from my husband and within the last 6 months have obtained a job after not working since we were married. My question is prior to obtaining my job my ex was allowing me to withdraw funds from our joint account to take care of myself and our son. Now that I have a... Read more »
It probably doesn't matter either way, but be sure to keep complete financial records.
If your son has been in Florida for at least six months, the Florida courts would have jurisdiction to decide custody; otherwise a divorce (including custody) would have to be brought in North Carolina... Read more »
I have been separated 2 years now from my husband and within the last 6 months have obtained a job after not working since we were married. My question is prior to obtaining my job my ex was allowing me to withdraw funds from our joint account to take care of myself and our son. Now that I have a... Read more »
Your amicable relationship with your husband sounds like it is worth whatever it takes to keep it moving along well; that means you should not keep taking the same amount of money that you were taking before you found the job. I also suggest that you raise these issues with your husband--because he... Read more »
In Sept 2019 I had to file injunctions against my ex husband and his fiance and contact CPS regarding Physical Child abuse. The father admitted of having knowledge and the fiance admitted to the abuse. The injunction agreement is good till April 2020. The terms agreed on were; no corporal... Read more »
Yes, I suspect that the judge would find that the conduct constitutes violation of the injunction. It may also be a crime (threatening to cut the fingers off particularly).
Hello all, I have a 5 year old with my ex boyfriend. I have a permanent injunction against him with our daughter included since September 2018. He has 2 domestic violence misdemeanor battery convictions, and 2 violation of injunction convictions, all against me all within the past 3 yrs. He got out... Read more »
You need to be ready to present evidence as to why he should have supervised visitation. If there is no relationship then the timesharing would probably start with a reunification plan. You should schedule a consultation with a local lawyer to discuss the details.
My ex husband (prior military) got out of the military during divorce to avoid pay being garnished. (He always said he Refuses to pay me to raise our kids). So his CS was based off min. Wage for 3 special needs children. He took everything we owned in the divorce (before finalized). I moved to Fl... Read more »
Did you register the child support order in FL? If yes, the Department of Revenue should have garnished his wages if he has a job/income deduction order. The amount of child support is going to be based on his income. If he is only making minimum wage, you are not going to get much regardless the... Read more »
my mother watches my child and has let him see her on a few occasions. I have noticed on my security camera. I want him (my step father) to stay away from my child. How can I do this? where do I start? who can I contact? I am not rich but he is.
This family problem cannot be handled by asking civil lawyers questions online. If you have real concerns you need to see a criminal lawyer.
I need my deceased father's name corrected to his legal birth name (not his assumed name). I have supporting documents.
This is a very unusual situation--one that requires hands-on experienced legal assistance. Hire a Florida lawyer.
DP case opened in 2016 when my childs half sibling was 3 months old. He has been in foster care, he is now about to be 4. The TPR adjudicary hearing was Sept 2019 and final hearing was Nov 2019 but DCF and Kidscentral won't give me info as to the outcome which relates to my child.
Have you been adjudicated to be your child's father? In any event, you probably need to consult with an attorney.
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