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Florida Family Law Questions & Answers

1 Answer | Asked in Family Law for Florida on

Q: My sister just had a baby to a man shes not married to and they dont have a court order agreement, can she visit family?

Family is located in another state

Bruce Alexander Minnick answered on Jun 19, 2019

If the family will let her, yes.

1 Answer | Asked in Adoption and Family Law for Florida on

Q: If I live in Florida , what Would be estimated costs of a stepparent adoption of Step Kids

The absent parent hasn’t given consent but also have loads of evidence against his mentally abusive ways and he hasn’t contacted kids in well over 2 years hadn’t visited in 4 and 2 of the 3 kids are over 14

Henry George Ferro answered on Jun 19, 2019

It depends on each lawyer and on the complexity of the process...I don't have enough information to give a detailed proposal.

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

Q: I have full custodian of my son I make 73,000 and his father is self employed. I pay for his medical expenses.

He takes him every other weekend or whenever he wants can I have a case of child support?

Rand Scott Lieber answered on Jun 19, 2019

Child support is the right of every child in Florida. You do not mention whether you are divorced or if it is a paternity case. Either way you can file for child support.

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

Q: As a custodial parent, how do I file for relocation of a child?

06/11 I notified my ex- husband I had to go back to SC at the end of the month via text msg since my mother was not allowed to return back to my apartment by her PCP. My mom was helping with me rent. Now she isn't with me, I cannot afford the apartment here. I have no where else to go by back... Read more »

Bruce Alexander Minnick answered on Jun 18, 2019

The court that adjudicated your divorce has jurisdiction over the minor child. You will have to petition the court and ask for a change in the child custody agreement to allow you to do what you need to do.

1 Answer | Asked in Family Law for Florida on

Q: If the husband agrees to buy out his wife in the marital property can she force him to sell it.

The husband has agreed before any mediation or hearing to buy her out since they have 2 homes and he agreed to give her the second.

Rand Scott Lieber answered on Jun 18, 2019

If one party is able to pay the other for their share of the property value then they cannot also force them to sell it.

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

Q: I wasn't married to my ex when she up an left one day when i was at work that wasin October 2018

She has not allowed me to see my daughter since October iv tried texting her fb messages she has blocked i haven't seen my daughter since then what do i have to do so i can see her she just turned 2 i just want to be able to see my daughter please could you help answer or guied me to what i haveto... Read more »

Rand Scott Lieber answered on Jun 18, 2019

You need to file a paternity case in the court where mother and child live.

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

Q: What do i have to do to get to see my daughter my ex is keeping her from seeing me

Bruce Alexander Minnick answered on Jun 18, 2019

You will have to file a motion in the original divorce case, asking the court to modify your custody rights.

1 Answer | Asked in Family Law for Florida on

Q: premarital stock portfolios and dividend income in equitable distribution state divorce

In what cases are the reinvestment of dividends considered comingling ?

Bruce Alexander Minnick answered on Jun 18, 2019

This is a great question for your divorce lawyer. Ask them.

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

Q: How would I go about trying to get my 16 yr. Old daughter. Her dad's mom got custody of her years ago.

Her GMA who has custody is in a nursing home and my daughter is left alone in an apartment without any adult care or supervision.

Bruce Alexander Minnick answered on Jun 17, 2019

You will have to go back to court.

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

Q: Can i continue my divorce with a different lawyer or do i have to start over?

Started my divorce with a lawyer and can no longer find his firm or reach him. My papers are signed by myself and soon to be ex husband. Do i have to start over with different papers or can i continue just through the court system. The soon to be ex husband is moving out of state tomorrow.

Rand Scott Lieber answered on Jun 17, 2019

You should be able to continue with the documents that you have already prepared.

1 Answer | Asked in Family Law for Florida on

Q: I live in FL; how can Asume garnish my wages for a kid that isn't mine w/o due process? How do I get a paternity test?

My wages were garnished in July 2018 by Asume in Puerto Rico - I received no court summons, no ability to respond - just suddenly had money taken from my check. After learning that no Florida lawyer could take a Puerto Rico case, I requested documents from my employer and contacted Asume where I... Read more »

Bruce Alexander Minnick answered on Jun 17, 2019

Keep trying; the case workers are all overworked and underpaid.

2 Answers | Asked in Family Law for Florida on

Q: family law and custody issues and visitation issues. What happens when a court paperwork has been filed in courts?

we have agreed to every other weekend now the father is wanting more days thru the week with our son some new law he has heard or told by someone he wants 3/4 days out of the week and half summer time and he has not given me time to agree or accept anything he has filed court documents on me to... Read more »

Rand Scott Lieber answered on Jun 17, 2019

It sounds like he is trying to modify the current timesharing arrangement. After he files the papers he needs to convince the judge that it is in the child's best interest to make the change. You will have the opportunity to say why it should not change.

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1 Answer | Asked in Family Law for Florida on

Q: Florida Law for Child support reimbursement by custodial parent for denied visitations

I have been paying child support for 11 yrs I never filed for custody bcs we had verbal agreement. but 2 yrs ago she decide it to put a restraining order without any cause, I haven't see my kid since then. is there a law that will order her to payback the child support I have paid even when she... Read more »

Henry George Ferro answered on Jun 17, 2019

There is no correlation between paying child support and having visitation with your child...you can file make up visitation...but I do not believe that the lawyer who told you about being paid back any child support advanced to your baby’s mother knows the law very well...it is an argument that... Read more »

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

Q: Can I move my 16yr. Daughter in with me since her grandmother with custody kicked her out. I have unlimited visitation.

My 16yr. Old daughter has been kicked out by her grandma who has custody. Her grandma hasn't even been in the home with my daughter she is in a nursing home and my daughter has been left to fend for herself and now she has kicked her out. I live in another state can I move my daughter In with me... Read more »

Bruce Alexander Minnick answered on Jun 14, 2019

Wow. There is way too much at stake here for you to be searching for legal answers to explosive questions posted on Justia. I will say that if your daughter's grandma has been given legal custody of you daughter by a Florida court of law you must start by seeking to change that court order before... Read more »

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

Q: In Florida - Dad stopped paying child support at 18 but before graduating HS --at that point started sending half to son

First son turned 18 in March and graduated May of 2017, second son just turned 18 in April didn't graduate until May - daughter is 16 and will turn 18 in two years December but won't graduate until May. Dad thinks he can stop sending mom check for $1000 per child and send the kid $500 directly... Read more »

Henry George Ferro answered on Jun 12, 2019

Dad is wrong...you need to file a motion for contempt against Dad asap...

1 Answer | Asked in Family Law for Florida on

Q: If the father of my daughter was ask to take a dna but he did not what up next?

What up next with my case?

Henry George Ferro answered on Jun 12, 2019

He can be compelled to do so by a judge...you need to file a motion asking the court to compel him to submit to a DNA Test...

1 Answer | Asked in Family Law for Florida on

Q: I have a 19 year old friend/co worker who is wanting to move out of her dad and step mothers home. They are verbally

As well as mentally and emotionally abusive towards her. She is staying with her boyfriend tonight. What control if any do they have over her? Also how does she safely go get her belongings as well as much needed medication?

Bruce Alexander Minnick answered on Jun 12, 2019

Your friend/co=worker cannot solve her family-related problems by allowing you to post questions here on Justia. She must ask these very personal questions herself. Why? Because lawyers do not advise people through other people; it is called breaching an attorney/client relationship.

1 Answer | Asked in Family Law for Florida on

Q: How to write agreement that the husband’s loans AND MORTGAGE are his only Florida . My husband has a lot of credit and

My husband has a lot of credit and i am-his wife does not want this. I do not want loans and pay in the light of his death and divorce.All that bought everything in his name car house .

Bruce Alexander Minnick answered on Jun 11, 2019

Contact a family lawyer and ask for assistance in resolving your concerns.

1 Answer | Asked in Family Law for Florida on

Q: Dad died 3 years ago. Left cash in his condo. 2 eldest siblings took 80% of the money And dads condo. Supposed to be spl

Split between us 4 siblings. Will was forged i can prove it. Now ive had dads truck rotting in driveway for 3 years now. Executor Victoria whalen gave me the okay to tow to my house and sell it. When we tried to register it dmv said no. I feel i deserve this truck and or 1000 per year storage fees.... Read more »

Bruce Alexander Minnick answered on Jun 10, 2019

All of these probate issues will have to be solved in litigation; so hire a lawyer.

1 Answer | Asked in Family Law for Florida on

Q: I was served papers for 50/50 by my child’s father, we were never married. Planned a vacation to Georgia months ago to

Visit the aquarium, the zoo and a few other things from July 1st to the 4th we will be back by the 5th can I still go? Or does it have to be approved? We haven’t been to court yet because hes being unnecessary. I have so much money in planning this for my son and my current boyfriend and his family

Henry George Ferro answered on Jun 9, 2019

Go ahead on your vacation and respond in writing to the papers

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