Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Family Law Questions & Answers
2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I start a custody petition in Florida after moving from California, with kids attending school here?

I was divorced in California, where we only had a temporary custody arrangement. I moved to Florida 3 years ago, and the mother of my children moved here 5-6 years ago. We have been sharing custody informally in Florida, with my oldest attending school for 5 years here. The mother now wants to move... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 23, 2025

Yes. Fiie a modification together with the California order. Be sure to file before she moves. As long as the children have lived in Florida for the past six months, the court in Florida has jurisdiction to decide what happens. Speak with a local family law attorney for more specific advice.

View More Answers

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I start a custody petition in Florida after moving from California, with kids attending school here?

I was divorced in California, where we only had a temporary custody arrangement. I moved to Florida 3 years ago, and the mother of my children moved here 5-6 years ago. We have been sharing custody informally in Florida, with my oldest attending school for 5 years here. The mother now wants to move... View More

Neyza Guzman
PREMIUM
Neyza Guzman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2025

Hi! Based on just the facts presented, a Petition can definitely be filed in the State of Florida if the minor children have resided here for a period of at least 6 consecutive months - however, the case in California would need to be reviewed to determine the appropriate steps. It is important to... View More

View More Answers

2 Answers | Asked in Divorce, Domestic Violence, Employment Law and Family Law for Florida on
Q: How can I get a divorce and seek support in Florida due to emotional and verbal abuse?

I want to divorce my husband, and I've been married to him for nearly six years. I have never worked, and he has been in charge of everything financially. We don't have any children or shared property. I am seeking alimony and assistance to move out of state. My husband has alcohol... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 23, 2025

Go consult with a local family lawyer that offers a free consultation. You may be able to seek support for a short amount of time but in a six year marriage you are going to be expected to support yourself. Spousal support is based on your financial need and his financial ability to pay. Speak with... View More

View More Answers

2 Answers | Asked in Divorce, Contracts and Family Law for Florida on
Q: Can a divorce settlement include a clause preventing new partners from living in a house for sale?

In a mutual agreement divorce in which both parties have agreed on all terms and the only asset is a house listed for sale, can we include a clause in the divorce settlement that prevents either party from bringing a new partner to live in the house until the sale is finalized, even if the parties... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 21, 2025

You can IF you both agree to this provision. In reality, you will find that a clause like this is difficult to enforce. What if someone spends the night, or two nights, is that a violation? Speak with a local family lawyer for more specific advice.

View More Answers

2 Answers | Asked in Divorce, Contracts and Family Law for Florida on
Q: Can a divorce settlement include a clause preventing new partners from living in a house for sale?

In a mutual agreement divorce in which both parties have agreed on all terms and the only asset is a house listed for sale, can we include a clause in the divorce settlement that prevents either party from bringing a new partner to live in the house until the sale is finalized, even if the parties... View More

Destardes Moore
PREMIUM
Destardes Moore
answered on Apr 21, 2025

You may include that provision in the Settlement Agreement, but ensure it contains precise terms that clearly reflect both parties' intentions. Specific language regarding obligations, timelines, and remedies for non-compliance will help prevent future disputes and facilitate enforcement. I... View More

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: Is one parent's consent enough for minor child counseling in Florida?

In Florida, do you need consent from both parents to send a minor child under 13 to counseling, or is one parent's consent enough? The parents never married, do not live together, and there is no court order for custody. The child has been with the mother since birth, and the father, who is on... View More

Destardes Moore
PREMIUM
Destardes Moore
answered on Apr 18, 2025

In Florida, the Mother's consent for the minor child to receive counseling is sufficient. Some providers may seek to obtain consent from both parents; however, if the Father does not have parental responsibility, providing the counselor with the child support order designating the Mother with... View More

View More Answers

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: Can my 15-year-old refuse visitation with a noncustodial parent in Florida?

My 15-year-old daughter was ordered to have biweekly visitations with her noncustodial parent through a court order established in 2010. However, she has undergone therapy since 2021 due to highly volatile interactions, including threats and verbal abuse from the noncustodial parent aimed at both... View More

Destardes Moore
PREMIUM
Destardes Moore
answered on Apr 16, 2025

In Florida, a 15-year-old cannot unilaterally refuse court-ordered visitation, but the custodial parent can petition to modify the visitation order by demonstrating substantial changes in circumstances and showing that the current arrangement endangers the child's mental or emotional health.... View More

2 Answers | Asked in Family Law and Business Law for Florida on
Q: Is a Florida marriage license valid if not notarized and not recorded?

I obtained a Florida marriage license at the Clerk's Office on 09/21/22, which both my partner and I signed. We had a symbolic wedding abroad, but the marriage license was not notarized or signed by the wedding officiant and was never sent back to the court to be recorded. We have a joint... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 15, 2025

Obtaining a license by itself does not mean that you are married. Florida, like most states, does not recognize common law marriage so how you have lived and the joint bank account are not important. You could do an online search of the clerk who issued the marriage license to see if there is a... View More

View More Answers

4 Answers | Asked in Child Support and Family Law for Florida on
Q: Should I send my high-conflict ex medical bills for counseling co-pay despite potential conflict?

My child's father is court-ordered to pay child support and cover our child for medical expenses. I am responsible for the co-payment and must send the bills to him for reimbursement according to the court-ordered percentage. My child, who is 9, has recently started attending counseling, which... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 14, 2025

Send the bills. First, it is your responsibility through shared parental responsibility to keep the other parent informed about medical issues (which includes therapy). The law is that you do not need the other parent's permission to send the child to therapy so he cannot block it. Worst case,... View More

View More Answers

4 Answers | Asked in Child Support and Family Law for Florida on
Q: Should I send my high-conflict ex medical bills for counseling co-pay despite potential conflict?

My child's father is court-ordered to pay child support and cover our child for medical expenses. I am responsible for the co-payment and must send the bills to him for reimbursement according to the court-ordered percentage. My child, who is 9, has recently started attending counseling, which... View More

Destardes Moore
PREMIUM
Destardes Moore
answered on Apr 16, 2025

The language of the court order is controlling. If it explicitly states that all medical expenses must be reimbursed, then yes, you would be entitled to reimbursement. However, sometimes orders contain restrictive language specifying which particular medical expenses require reimbursement.... View More

View More Answers

4 Answers | Asked in Divorce, Family Law, Social Security and Public Benefits for Florida on
Q: Can I modify or reinstate alimony after pension buyout and remarriage?

I divorced in 2009 and was awarded periodic alimony of $800 per month. Later, my ex-husband took a pension buyout, and we both received a portion. He stopped paying alimony, and I mistakenly believed the obligation ended with the buyout. I remarried in 2017, divorced a year later, and recently... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Apr 13, 2025

Yes, you may be able to reinstate or enforce alimony if your ex-husband stopped paying without a court order modifying the obligation. The pension buyout alone does not terminate court-ordered alimony. However, your 2017 remarriage likely ended future alimony. You may still pursue arrears from... View More

View More Answers

4 Answers | Asked in Divorce, Family Law, Social Security and Public Benefits for Florida on
Q: Can I modify or reinstate alimony after pension buyout and remarriage?

I divorced in 2009 and was awarded periodic alimony of $800 per month. Later, my ex-husband took a pension buyout, and we both received a portion. He stopped paying alimony, and I mistakenly believed the obligation ended with the buyout. I remarried in 2017, divorced a year later, and recently... View More

Ira Markowitz
Ira Markowitz
answered on Apr 13, 2025

Was the award of permanent periodic alimony after trial or was per a Marital Settlement Agreement? If it was an MSA it would depend on the wording whether your remarriage ended your entitlement to receive the alimony beyond the date of your remarriage.

View More Answers

4 Answers | Asked in Immigration Law and Family Law for Florida on
Q: How can I marry my Ecuadorian fiancé in Florida and adjust her status?

I am a male U.S. citizen in Florida, and I want to marry my Ecuadorian fiancé, who is here on a tourist visa, within the next year. We plan to marry directly in the U.S. and then adjust her status. She has no prior immigration issues or unfinalized marriages. What steps should we take to proceed... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 10, 2025

If someone enters the U.S. on a tourist visa with an honest intent to visit but later chooses to stay—such as after an engagement—adjustment of status may be an option. However, entering with a concealed intent to remain permanently could present legal complications. While intent is largely... View More

View More Answers

4 Answers | Asked in Immigration Law and Family Law for Florida on
Q: How can I marry my Ecuadorian fiancé in Florida and adjust her status?

I am a male U.S. citizen in Florida, and I want to marry my Ecuadorian fiancé, who is here on a tourist visa, within the next year. We plan to marry directly in the U.S. and then adjust her status. She has no prior immigration issues or unfinalized marriages. What steps should we take to proceed... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Apr 9, 2025

Consider scheduling a consultation with a competent and experienced immigration attorney. Typically, one who has entered using a visitor visa is admitted for 6 months. If you were hoping to marry on a date that is more than 6 months from her entry date, she would necessarily enter a period of... View More

View More Answers

2 Answers | Asked in Divorce, Family Law and Contracts for Florida on
Q: Ex-wife did not file QDRO for pension. What action needed?

My ex-wife was responsible for filing a QDRO with the Florida Retirement System for her share of my pension, as specified in our divorce finalized on April 29, 2004. Despite reminding her in October 2024, she has yet to file it. I'm unsure if there was a deadline for this task. There have been... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 9, 2025

If the court order is clear that it is her obligation to prepare the QDRO then you do not have to do anything. Your only obligation is to cooperate if and when she contacts you. Speak with a local family lawyer for more specific advice.

View More Answers

2 Answers | Asked in Child Custody, Child Support, Health Care Law and Family Law for Florida on
Q: Handling child support and custody threats in Florida with my son living with me.

I'm a father of a 15-year-old son, and I've been married to my wife for 13 years. My son has lived with us for the past 4 to 5 years. His mother recently suggested I should be on child support to maintain his Medicaid, but I offered to add him to my insurance instead. She declined,... View More

Vanette Augustin
Vanette Augustin
answered on Apr 8, 2025

First, I would start with its always good to have a paternity judgment securing your rights than not. However, since its been years, she may be bluffing and trying to scare you. The reality is mothers do not have first priority in court. If the child has lived with you and you handle of the... View More

View More Answers

3 Answers | Asked in Domestic Violence, Divorce and Family Law for Florida on
Q: What steps for confronting cheating husband safely and legal protection?

I recently discovered that my husband is cheating on me. I have not confronted him about it yet, and I'm concerned about my physical safety if I do. We haven't discussed divorce, but I have substantial evidence of his infidelity. I have family support at the moment. What steps can I take... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 7, 2025

Your only legal recourse regarding infidelity is to recover half of any money that is spent on the affair. You first need to decide if you will pursue a divorce or not. If yes, go see a local family attorney. If no, go see a local therapist who can help you, or both of you, moving forward. Speak... View More

View More Answers

3 Answers | Asked in Domestic Violence, Divorce and Family Law for Florida on
Q: What steps for confronting cheating husband safely and legal protection?

I recently discovered that my husband is cheating on me. I have not confronted him about it yet, and I'm concerned about my physical safety if I do. We haven't discussed divorce, but I have substantial evidence of his infidelity. I have family support at the moment. What steps can I take... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Apr 7, 2025

I’m really sorry you’re facing this difficult situation. Since you’re concerned about your physical safety, it’s important to prioritize that above all else. If you decide to confront your husband, try not to do it alone—choose a public place, have a trusted person nearby, or even... View More

View More Answers

2 Answers | Asked in Criminal Law and Family Law for Florida on
Q: Can a 21-year-old face legal issues if girlfriend has a baby at 18?

If I get pregnant at 17 and have the baby at 18, can my 21-year-old boyfriend face legal consequences? He will be 22 when the baby is born. We have parental consent for our relationship and live in Florida. I am concerned about potential legal issues due to the age gap of over 4 years at the time... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 4, 2025

You are actually asking a criminal law question. If your parents are on board and no one is taking the matter to the police or the State Attorneys Office then no one is going to prosecute just because he signs the birth certificate. Speak with a local criminal defense lawyer for more specific... View More

View More Answers

2 Answers | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Florida on
Q: How can I file for full custody in Florida when child's father is absent and neglectful?

I have been the primary caregiver for my child, with her father having had no contact for 5 months and neglecting child support for 1 year and 5 months. My daughter solely lives with me, and our current understanding is that I have full custody, although there are no formal court orders in place.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 1, 2025

You do not say if you are married or not. If you are unmarried and have never been to court for paternity then you can basically do whatever you like. If the father opposes anything then he would have to go to court. If you are married it is a similar situation. Speak with a local family lawyer for... View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.