I need help with my divorce. My ex moved out of state to Indiana with our daughter without my permission, and I'm in FL. Juristiction issues ........
If the child was removed from this state and has been in Indiana for less than six months, jurisdiction would be in Florida. But you will probably need an Indiana attorney as well as a Florida one.
I recently got married for the first time. However, I have a child with my ex. We went to court in 2018 and he gave me sole and legal custody. He Went back shortly after but he was denied his motion to vacate and set aside parenting plan. However, now there’s been a notice of appearance filed so... Read more »
It is impossible to predict what may happen, but now that your child's father has an attorney, it would be a good idea to get yourself an attorney too.
My attorney filed temporary relief with multiple contempts & I won as the Father & I will be receiving the majority of time-share, but there is no specific reference in the pending order as to who makes specific decisions in regards to medical, school, activities etc.
My temporary... Read more »
It's not spelled out because the judge hasn't got around to it yet &/or your motion didn't go into that detail. Ask your attorney when he or she gets back.
This is not a legal question. It is a very important personal question the answer to which may come back to haunt you later. Having been there, in my personal opinion the parents of small children should not do what you a considering because it sends the wrong message to small children: That it is... Read more »
What if my spouse dies? We've also been granted full custody of our children for almost 3 yrs. Bio mom is deadbeat, hasn't paid child support, has lied to the court, lost custody & deemed unfit due to abuse/ neglect was/ possibly still is addicted to meth. They want to remain in my... Read more »
If the marriage was performed, but the certificate was not duly filed, you are still married. Whether, in the event your spouse were to die, whether the biological parents could successfully seek custody of the children would depend on the circumstances under which you were granted custody, and... Read more »
I was served a subpoena at my home in Alabama to appear by Zoom for a deposition in a divorce case in Florida. Am I subject to contempt of court if I refuse?
Probably not. Florida Rules of Civil Procedure (e) (2) provides that:
"A person may be required to attend an examination only in the county wherein the person resides or is employed or transacts business in person or at such other convenient place as may be fixed by an order of... Read more »
I practice polyamory and also de facto polygamy. I am interested in having one official wife through one official marriage, more than one de facto wife, which is also known as a concubine, through de facto marriages (unofficial marriages), mistresses through long-term extramarital relationships and... Read more »
You are only allowed to have one spouse at a time. All of the many relationships and terms you use are not recognized in the law; they are extra-marital relationships (i.e.: adultery). Child custody would depend upon the best interest of the child.
Very abusive to me n my siblings n my mother but she wont leave him i am in Florida still n i do not want to go back because of how bad it is there but my mom will not let me stay in florida but i have my aunt she has her own house in palm bay i would my own room im gonna get a job n my permit im... Read more »
Have you aunt consult with an attorney immediately. if you were in Pennsylvania for less than six months, the Florida courts have jurisdiction.
Oct 2018 I bought a house with my gf at the time. I sold my previous house, boat and truck and used that profit to make the down payment on $50K or so. She put in $0. We are both on title, but i'm the only one carrying the mortgage. We moved in and each split the mortgage, everything else i... Read more »
Yes, the judge can do that. The property clearly seems to be marital property, assuming "she" is your wife.
I have Signed Order to produce financials due 7/31 from my ex . His attrny filed Notice of unavailability yest. Includes delay of deadlines in the filing to 8/10. Does that move my ex(his client's) deadline from 7/31 to 8/10? Can I efile response to notice asking that his client's... Read more »
You can do whatever you want, but you might as well just document this violation and then wait until August 11 to see if the documents were delivered as the lawyer said. If not THAT is the time to start moving against both of them.
My girlfriend is being blacked mailed by her husband and threatening her that he will ruin her career and take everything away from her if she divorces him. He verbally and emotionally abused her. He uses religion to shame her and family as well. He has emails, text messages and pictures of us and... Read more »
Get her an attorney.
Wife served me with nearly blank divorce papers and never responded to my counter petition or amended counter petition. Other than initially being served by the sheriff, she has failed to e-serve me properly with any other documentation nor has she amended any of her blank documents, other than the... Read more »
Motions for default are usually a waste of time. However, based on the procedural facts you presented, you can draft and file a motion to compel an answer to your counter-petition, and to compel production of documents requested, which your spouse must respond to or be sanctioned for not... Read more »
My ex is disabled and granted domicile, and his mother has proxy over my ex because he is legally disabled. He is still of sound body and mind but she has gone in his place to hearings and he has shown up for some after. Is that legal?
It is unclear what you mean by "proxy over [your] ex". Has she been appointed guardian of your ex-spouse? Also, your are indicating that "he is legally disabled", and then you indicate that he "is still of sound body and mind"; which is it? In any case, unless his... Read more »
Does that affect the house in co-ownership?
Yes. The spouse of your co-owner could be awarded some or all of the co-owner's (half) interest in the house.
The children were staying in Florida their whole life . She picked them up and took them to Virginia. Opened a case in Virginia. I already filled my paternity paperwork in Florida months before. I have already filed an injunction to prevent the removal of the children from the jurisdiction of the... Read more »
You need an attorney in Virginia. Or ask your question in Justia > Ask a Lawyer ? Virginia.
keep Sending her mother money to help support my daughter or should I wait until the court case is final. I just hate the fact that courts like to say any money sent for support of your child is considered a gift. Which I don’t think is fair. She uses my daughter as leverage to hurt me by not... Read more »
You should have a consultation with a family law attorney to find out what you can do to get more time sharing with your child. If you continue to provide support for your child, make sure to keep track of it and always put in the legend of any checks or money orders child support. Most JUSTIA... Read more »
Get an attorney in Puerto Rico of course.
You should introduce yourself to the mediator and simply ask "May I call you John or do you prefer Mr. Smith"? A mediator is not a judge. Good luck!
My son was born in FL in 2013 and I believe we signed an acknowledgement of paternity, but I do not have a copy. His father is on the birth certificate and in possession of my sons documents. We've been separated for 2 years and I want to proceed with a written long distance custody agreement... Read more »
First, assuming that no court case has been filed, you don't need to have an agreement before you can take the child out of state. Just don't do anything that could be construed as hiding the child's location from the father; it would be best if you send him a letter, by certified... Read more »
We have gone to Mediation and we have a approved parenting plan and I have 100% physical custody of my daughter while her gets visitation. I live in Florida, he lives in DC, my daughter went to see him for Spring Braek, Covid19 hit and she got stuck up there and now he wont send her back and says... Read more »
No. I suspect that the District of Columbia has adopted the Uniform Child Custody and Enforcement Act, as Florida and just about all of the other states have. If so, the way it works is that, once the courts of one state have ruled on custody, the courts of the other states would abide by that... Read more »
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
