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Florida Family Law Questions & Answers
1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: Does he not owe child support due to COVID lockdowns and terms of the child support agreement?

Ex spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. My ex agreed to pay the equivalent amount of child support per guidelines by paying our child's insurance coverage (pretax from paycheck) & day/aftercare in lieu of paying to court. Shortly... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 19, 2021

You need to read your agreement carefully. He is not "off the hook." However, if the agreement says he pays the daycare directly and the daycare closed then he can argue that he does not have to pay. You may need to go back to court for clarification or enforcement. What he did or is... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Paying spouses debts with non-marital money.

My husband bought a house before our marriage. If we buy home appliances and remodel the house using credit cards under the name of both spouses, and then we pay off all debts with the income from the non-marital home, Do all the appliances and updates that we did in the house become marital... Read more »

Michael David Fluke
Michael David Fluke answered on Jan 16, 2021

This answer is a bit complicated, but worth investigating based on the roughly $285,000.00 in appreciation. Absent a written agreement to the contrary (Prenuptial/Postnuptial Agreement), the improvements made to the home during the marriage are marital. If there was marital effort such a marital... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Me and my ex are currently living together and we have a child. She also has 2 other children who I have raised for the

- past 7 years. Their fathers have nothing to do with them and they even think I am their father. She is very unstable and has even almost physically hurt the children before and even told me that if I wasnt there to stop it she might have really thg hurt her 6 year old one day. I've only... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 13, 2021

I am assuming that you are in Florida. If not then you need to ask this question of a Louisiana attorney. For your child, you need to file a Petition for Paternity to protect your rights. For the other children, since you are not married to the mother you really have no legal rights.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Florida on
Q: My mom doesnt want me living with her .. is there anyway i can sue my mom or press charges on her even though im 17?

My mom was really abusive to me and my sister. We are adopted and we are about a year and a half apart and me and her can share memories on when mom would kick and punch and slap us and hit our heads against a wall and she almost drowned my sister one time. When i was 16 i started running away... Read more »

Henry George Ferro
Henry George Ferro answered on Jan 13, 2021

Claims against your mother can be lodged in either civil or criminal court. For the criminal proceedings, you may contact local law enforcement or Department of Children and Families.

A civil claim is somewhat more complicated and expensive, you may contact a local lawyer. I will,...
Read more »

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I live in Florida, but my children spend most of the year in ND. The kids want to live with me. What do I need to do?

Their mother has denied mental health services to our daughter, who has been battling depression, stating that there’s nothing wrong. Mother is verbally and mentally abusive, as witnessed by both of my children. Step father is a good man and tries to help but can’t do much. They’re begging to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2021

Consult with a family law attorney in North Dakota.

1 Answer | Asked in Family Law for Florida on
Q: DCF remove my kids and now they filed a motion for a dependency hearing what does that mean

DCF what are my kids on the 15 of December another want to have a motion filed for aurajudication of dependency what does that mean

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 6, 2021

It means you need to hire a family lawyer immediately, because DCF is planning on taking your children away from you.

1 Answer | Asked in Family Law for Florida on
Q: Post-nuptial agreement: WIFE agrees to forego homestead rights and allow HUSBAND to sell family home? Enforceable?

Agreement would allow WIFE to live in home for 1 year before right to sell in effect. She would be agreeing to sign off anything needed to complete a sale.

Home is titled in HUSBAND's name. I read about a new law allowing a spouse to forego such rights, but it seemed to apply to... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 4, 2021

As long as all of the other requirements are met for a valid agreement a spouse can waive their rights to a real property, including homestead, and it will be enforceable.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: My 15 year old stepson lives in bartow with his mom. She told him to get out. How do we proceed getting him to live here

We live in cape Coral. She is mentally abusive and has been physical when he was younger. He would not tell cps when they would visit.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 2, 2021

Re-open the divorce proceedings and file an emergency motion to amend custody agreement.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: I moved to Florida but my child's father is still in PA, where would I file for child support?
Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

File in Florida. If you are going to use a state agency, which I recommend, because Florida is the child’s home state. Ultimately, they may coordinate with Pennsylvania to institute an action there for convenience.

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2 Answers | Asked in Divorce, Family Law and Banking for Florida on
Q: My ex took all the stimulus check that was a joint stimulus out of the joint account. What can I do about that?

Me and my ex recently divorced. Papers haven’t been signed but judge ruled. We still have a joint account, which the stimulus was deposited into. My ex transferred the entire amount to his own account and left me with nothing.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 2, 2021

What do the "papers" provide for with respect to the joint account?

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How can my boyfriend get his kids back from their mother who lost her parental rights, but somehow ended up with them

My boyfriend’s soon to be ex-wife, who he’s separated and estranged from, lost her parental rights a few years ago. His sister was awarded custody of the 2 kids. At some point she became overwhelmed and was contacted by their mother and she gave the kids to her. She left Florida and now has the... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

He needs to file for custody in the state where the children have been residing for more than 6 months and demonstrate that the mother is no longer a legal parent which means that he is the only parent with the right to the children. He needs to consult an attorney in the state where the children... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can my ex adopt my daughter

My sons father, whom ive been separated from for two years, has been raising my older daughter from the time she was 4 years old(shes ten now). In all senses, other than legal, he is her father. Her biological father is not on her birth certificate, and also passed away when she was 3 years old.... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

He is considered a "non-family" member for purposes of adoption. You will need to jump through many hoops in order to do this. This cannot be done without an attorney.

Good luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Porque razón válida,se puede apelar para quitar visita de un padre a un menor?

Mi hijo tiene 7 años ,su padre legal nunca lo ha mantenido ,yo tengo la custodia del niño pero con visita del padre ,yo soy dominicana mi familia toda viven allá ,el me amenaza de que si yo pongo manuntension el no me da la firma para sacar el permiso de poder viajar con el niño a ver mi... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 31, 2020

Si el padre a sido estblecido como el padre legal y visita al nino, aunque no pague la manutencion no lo puedes quitar de los documentos legales del nino. Si el a abandonado al nino y no lo ve ni lo mantiene, entonces es posible quitarle los derechos de padre por abandono. No es un proceso simple y... Read more »

1 Answer | Asked in Adoption and Family Law for Florida on
Q: My sons father passed away 5yrs ago and he wants my husband to adopt him but he has questions.

My son wants my new husband to adopt him but he wants to know if they have to seal his birth certificate with his biological dad on it or if we can leave that open and do another amended one with his adopted dad? Also, if he can keep his last name and just add my husbands last name as well. When I... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 29, 2020

If your husband, the step-father, adopts your son the birth certificate would be changed from his biological father to his new father. I've never seen a process where he could have 2 fathers, one deceased and one alive. The birth certificate is a legal document, so it does not change the... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Can I get full custody of my two children Boy(9) Girl(11)after abuse has happened to my daughter while at her fathers?

Daughter has suffered physical and verbal abuse from the step mom. Son watched and has heard. He also has suffered from physical abuse as well just not to the same extent. Daughter has been sexually abused by the step sister for multiple years. Daughter has now tried to commit suicide while at... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Dec 29, 2020

If there is no family or dependency case in court with these circumstances, you must run, not walk to the courthouse to get assistance for your children. If the things you state here can be proven with evidence and testimony, yes, you have a good chance of obtaining supervised time-sharing for the... Read more »

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: If my Childs father does not give her back on aggreged upon date can I call the cops?

Father is on the birth certificate but my daughter has been with me for all 5 years of her life. No custody or parenting plan is in place. I'm allowing her to go visit for 2 days. If he decides to keep her can I call the cops? He does not pay child support and there is nothing in the courts... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Dec 29, 2020

If you are this concerned then you should not let her go until you have a court order. Legally you have all the rights based on what you say but that won't automatically stop him from refusing to return the child. Make him go to court if he wants timesharing and have him pay child support as well.

1 Answer | Asked in Family Law for Florida on
Q: I signed a waiver of service of process and consent to extended family placement while in jail. How do I remove it?
Rand Scott Lieber
Rand Scott Lieber answered on Dec 28, 2020

You need to return to the court that issued the order and present your new circumstances to ask for a modification (change).

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: i wanted some one to look at my case because i don't know what to do. I just spent 8,000 on a lawyer and the other pers

please help

Destardes Moore
Destardes Moore answered on Dec 22, 2020

I’m not sure if your case is still pending or if your case has concluded. However, you can reach out to an attorney for a consultation and explain your legal issue more in-depth. Good Luck!

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If CP becomes unemployed in FL can the NCP obtain custody of the kids to support and move out state to GA?
Rand Scott Lieber
Rand Scott Lieber answered on Dec 22, 2020

If your court order on timesharing is from Florida then you must return to court in Florida and prove to the court that it is in the child's best interest to relocate to Georgia. The court will consider numerous factors including each parent's financial ability and home situation.

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1 Answer | Asked in Family Law and Immigration Law for Florida on
Q: I was born in PR lived in Florida my entire life. Legally changed and removed my first name. Need new BC and PR won't

won't send it to me b/c they are saying that they don't have record of my name change. How can I go about obtaining my birth certificate so that I can renew my driver's license?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 22, 2020

You answered your own question when you asked the question: Send PR a certified copy of the final order that changed you name.

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