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Florida Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Medical Malpractice and Wrongful Death for Florida on
Q: My father is in ICU in Orlando FL due to covid. He has been in ICU and on a ventilator since 8/28. He has a DNR, but n

But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... Read more »

Linda Liang
Linda Liang answered on Sep 27, 2021

It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can a judge force me to sell my house?

Can a judge force me to sell my house that I bought with the money I received from my husbands passing? I got remarried and paid for the house cash, my now husband has taken out the entire equity, to pay off his credit card debt. He agreed to pay it back, now he wants a divorce and has said the... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 23, 2021

This is a complicated question with multiple steps. Step one is to determine what portion of the house (equity) is marital. You say that the deed lists you, your husband and your daughter. This could mean that you each have a 1/3 interest. It could mean that you and your husband have half and your... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Does dcf have to provide a warrant to take a child
Linda Liang
Linda Liang answered on Sep 23, 2021

I do not think so. A shelter hearing should be held within 24 hours where judge find the justification for the sheltering.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Do I need to file emergency custody to get my grandchild?

My daughter passed away from covid right after having her baby. Baby is premature and was in the nicu. Acknowledgement of paternity was never established with her boyfriend but hospital still released the baby to him. Would I need to file an emergency custody order or temporary custody to get him... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 22, 2021

You need to ask the court to give you custody. But if, in the court proceeding, he establishes paternity, he might very well be awarded custody.

1 Answer | Asked in Family Law for Florida on
Q: I have a pending relocation with minor/ paternity case. am i able to move out of the state while waiting.

there has never been an order prior to this case for anything relating to the minor or the father or relocating

Rand Scott Lieber
Rand Scott Lieber answered on Sep 20, 2021

If you are in court for relocation then you cannot move without court permission or agreement of the other party. You can request temporary relocation from the court while the case is pending. If you move without permission it can be held against you in court. Look for a consultation with a local... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: What do I do next if my ex motions to set aside default before the final judgement?

What is my next step if my ex fills out the Motion To Set Aside Default form? She is in default from my supplemental petition for modification for timeshare and child support. (I assume she would need to get a lawyer at that point and I will no longer be able to self litigate effectively. The judge... Read more »

Linda Liang
Linda Liang answered on Sep 20, 2021

This is between your ex and the court. If he or she can present a good cause, the court could grant the default and the case moves on. There is not much you can do.

1 Answer | Asked in Family Law for Florida on
Q: How would I petition the court for an annulment because your alleged husband forged my signature

My alleged husband faked out civil ceremony, the person marrying us pretended he did not have a pen my husband gave him an invisible pen, I signed my signature faded after a couple days, he then forged signed my signature on marriage certificate.

Linda Liang
Linda Liang answered on Sep 19, 2021

One of the grounds for annulment is that one of the spouses used fraudulent acts or misrepresentations to trick the other spouse into entering the marriage. It sounds that you were there and signed the paper there. If you want to prove that you were tricked or forced to enter the marriage, you need... Read more »

2 Answers | Asked in Family Law and Child Support for Florida on
Q: I'm Pro Se in a Child Support Modification Petition. Am I supposed to name my mother as a "non-lawyer"?

At my request, my mother is helping me to fill out the legal forms and file them online. Do I have to name her as a "non-lawyer" on the legal forms?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 19, 2021

Does the form ask for that? If not, no.

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a judge require me to sign a quick claim deed with no legal standings.

I just went through a divorce and the judge granted my ex the home. She asked for the home so she could sell it to pay her student loans but never filed anything in court about how much these loans are or anything except she painted the house and put a fence up. Is there someway i can have this... Read more »

Linda Liang
Linda Liang answered on Sep 17, 2021

The judge must have issued an order. It does not seem that you understand the process well. You should hire an attorney to review your documents and tell you what is really going on.

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: I filed a supplemental petition for modification and my ex has not responded in the allotted time. What do I do next?

I filed a supplemental petition to modify the parenting plan and child support to reflect the timeshare actually received. (She pays bare minimum and does not pick up her days.) I served her these motions and filed with the court, but she has not served me with the proper response. All she has... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 14, 2021

Contact the judge's assistant and ask if you need to schedule a hearing or, alternatively, if the judge will rule on your supplemental petition without a hearing.

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3 Answers | Asked in Estate Planning, Family Law, Health Care Law and Insurance Defense for Florida on
Q: My father recently passed away after a 3 weeks in the hospital. During that time, the hospital tried to get him approved
Nina Whitehurst
Nina Whitehurst answered on Sep 14, 2021

Approved for what? You should repost your inquiry with more information.

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1 Answer | Asked in Family Law for Florida on
Q: Can guardianship be changed without giving notice to the current guardian ???
B. Elaine Jones Esq.
B. Elaine Jones Esq. answered on Aug 30, 2021

You must serve the current guardian if you are attempting to have them removed or replaced. You should consult with a guardianship attorney. Most AVVO attorneys offer a free initial consultation. Contact one of us today and let us know you found us on AVVO. Good luck.

Sincerely,...
Read more »

2 Answers | Asked in Divorce, Family Law and Child Support for Florida on
Q: Hello, I am a mom in the process of separation from my husband. Is it a good idea to sell my house?

We purchased the house before we got married. I don't have money or a place to go but he suggested that we sell the house... what should I do?

Linda Liang
Linda Liang answered on Aug 29, 2021

You should not before you understand the ownership of the house. You should talk to an attorney.

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1 Answer | Asked in Family Law for Florida on
Q: My husband and I have been living separately for two years in different states. We have minor child who lives with me.

I would like to start a legal separation.Where should I go and where to start?What rights do I have with legal separation?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 29, 2021

To my knowledge, Florida law doesn't provide for court actions for marital separations. You either get a dissolution (divorce) or you don't. The concept is sort of anachronistic because wives can now (and could for a very long time) own their own property and enter into contracts. You... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Non married couple with a 1 5 year old baby. Dad is IN birth cert. How to stop mom to take baby away?

Mother and dad bot getting along, mother prevents dad from taking baby to a park, or to visit grandparents, or to even take the baby for a walk.

How to avoid the mother to take the baby away from dad. Who is in birth certificate? ( threatening on doing it)

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 28, 2021

The father needs to take the mother to court.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: I understand the parenting plan covers until child is 18. How long in advance (1yr,6mo?)are highly structured plans done

I get the plan covers until the children are 18. We have equal custody and do week to week. We alternate holidays and have a separate summer schedule. We use this schedule to plan our future trips. My ex only wants to establish this schedule 2-3 months in advance, however I would like a longer term... Read more »

Camila Martin
Camila Martin answered on Aug 27, 2021

In a Divorce process, when a parenting plan is established, it is typically done for the duration of the child's minority and it is a plan that can be used from year to year. The Court will not keep a case open so you and the other parent can be changing the plan every few months. A parenting... Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If I had a baby not being married, the father is not on birth certificate, do I have to let him see baby?

The father has not helped financially at all, he’s even questioned DNA, he has two other children from previous relationship and has nothing to do with them. I recently found out he now has another woman pregnant and also he’s on drugs and have proof.

Camila Martin
Camila Martin answered on Aug 27, 2021

If he has not been adjudicated the Father by a Court, he has no legal right to have timesharing with the child. He will have to file a Petition for Paternity in Court to be adjudicated the Father and request timesharing. At that point, you could present your evidence and witnesses regarding his... Read more »

2 Answers | Asked in Family Law for Florida on
Q: If me and my husband are only seperated, can i stop him from seeing our child because he is not vaccinated?

I fear for my 14 month old baby's life, my seperated husband refuses the covid vaccine and if he gets covid, he's putting my baby's life at risk. Can i stop him from seeing my baby unless he gets the vaccine?

Nicole Vette
Nicole Vette answered on Aug 26, 2021

If you disagree on time-sharing you need to file for divorce and ask for the court to order a parenting plan inclusive of a time-sharing schedule. I have never seen the court limit a parent's contact over not having the vaccine and do not think that is a likely outcome absent an extraordinary... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Is putative spouse doctrine recognized in Florida
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 26, 2021

No.

See: https://en.wikipedia.org/wiki/Putative_marriage

3 Answers | Asked in Criminal Law, Divorce, Family Law and Child Custody for Florida on
Q: Can my ex husband stop by the house our children reside at when we have a court order that he gets supervised visits?

My ex and I are not together due to domestic battery. I had a restraining order for two years and was not able to renew it because he had not contacted me. Since his battery charge against me he has been arrested 3 times for battery and convicted once. He and I own the house that my children and I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 20, 2021

I can read this incident another way: Perhaps your husband brought a cop with him when wanted to give his children something--at a time he knew you would not be there--just to be sure you could not renew your outdated domestic battery retraining order. He probably also wanted to avoid a nasty scene... Read more »

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