Florida Family Law Questions & Answers

Q: Father often threatens to take son. Should I go to court first or let him take it first? I don't know what looks better.

1 Answer | Asked in Family Law for Florida on
Answered on Feb 20, 2019
B. Elaine Jones' answer
The fact that he has a picture of himself with a black eye is not going to be positive proof that you did it to him. You really should consider consulting with and retaining a family law attorney. A lot of family law attorneys offer a free initial consultation. Call one near you today. Good luck.

Sincerely,

B. Elaine Jones, Esq.

Q: my ex lives 85 miles away, since I have completed a child support modification he wants to pursue shared custody?

1 Answer | Asked in Family Law for Florida on
Answered on Feb 14, 2019
Rand Scott Lieber's answer
Both parents are entitled to spend time with the children. The court will enter a timesharing schedule that is in the best interests of the children. The court will look at the father's past conduct regarding spending time with the children. If they are established in their current school then they will continue to attend there. The court will not order them to travel 85 miles each way to go to school. If by shared custody you mean 50/50, that does not seem reasonable based on the information...

Q: Can a Florida prisoner married to a women in France file a simplified petition for dissolution of marriage?

2 Answers | Asked in Family Law for Florida on
Answered on Feb 13, 2019
Rand Scott Lieber's answer
If the prisoner has lived in Florida more than six months then they can file for divorce. If the spouse cannot be found then there is a procedure for divorce by publication.

Q: I am unsure about jurisdiction in a child support/custody case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Answered on Feb 9, 2019
Terrence H Thorgaard's answer
As far as custody is concerned, the judge in Minnesota was referring to the Uniform Child Custody and Jurisdiction Act, which is law in both Minnesota and Florida. There is an exception, however, when neither party to the original custody decree is still in the state where the custody decree was entered. Thus, since neither parent still lives in Minnesota, the Florida courts could entertain an action to modify custody.

Q: My husband made a sheriff report against me and the statement that he wrote was unturn. Please advise on how to handle

1 Answer | Asked in Criminal Law, Divorce and Family Law for Florida on
Answered on Feb 8, 2019
Mr Eric Klein's answer
From a criminal perspective, if you were not arrested, then there's nothing for you to do. From a civil perspective, he may be gearing up to file a Petition for Injunction for Protection Against Domestic Violence. If he is successful in convincing a judge that he is in imminent fear for his life, a judge will issue a Temporary Order for Injunction for Protection Against Domestic Violence and you will have to leave your home and stay away from him until you have a chance to defend yourself in...

Q: who is required to do transportation mediated agreement states father, parenting plan states whom ever is starting ts

1 Answer | Asked in Family Law for Florida on
Answered on Feb 6, 2019
Rand Scott Lieber's answer
The dad returns clause probably prevails but unfortunately if dad takes the opposite position then you must go back to court for the judge to decide.

Q: Divorce needed. The couple has been separated for 18 years, the child is almost 21, back child support is being paid

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Answered on Feb 5, 2019
Heather Lee Mayer's answer
Yes, you could be assisted with this but more information would be necessary. If you would like to schedule a complimentary consultation with my office feel free to call (904) 330-0289 or email us at tyson.denson.law@gmail.com.

Q: My fiance and I split and she took my son and moved from Florida to Utah.No agreements, what are my options?

1 Answer | Asked in Family Law for Florida on
Answered on Feb 4, 2019
Terrence H Thorgaard's answer
You would have to ask in Justia › Ask a Lawyer › Utah › Family Law › to see if you could get away with getting him at school, but as far as custody is concerned, you have six months to file suit in Florida. Until then, that is the only state such a suit can be filed. After your son has been in Utah for six months, that state would have exclusive jurisdiction.

Q: Inquiring if there is any leagal action to dispute next of kin as a blood daughter vs spouse .

2 Answers | Asked in Family Law, Appeals / Appellate Law, Probate and Wrongful Death for Florida on
Answered on Jan 31, 2019
Lauren Nagel Richardson's answer
I am so sorry to hear about your mother's passing. I think what you are referring to is that the spouse has preference of appointment as personal representative (PR) in the probate estate, and the PR is the person who would file the lawsuit.

All is not lost, however. If the spouse does not want to serve as personal representative and waives his right to serve, or if time goes by and he does not open the estate or pursue the wrongful death claim, then you could petition the court to...

Q: Who is responsible for transportation for visitation and can lack of visitation/comm. be grounds for rights termination?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 30, 2019
David Alfred Carroll's answer
You should meet with an experienced local family law attorney. Preferably one who also has experience with stepparent adoptions. It seems like you would want to follow contempt of court for failure to pay child support. Ask the court to establish an arrearage amount of $8000 in Make him start paying on that monthly in addition to ongoing child support. The court could consider your transportation requirements separate from child support. Therefore you would want to seek to modify the...

Q: I have 2 daughters.Was unmarried to their father.The girls and I reside in Florida for 7 months.I sent them for a visit

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Jan 30, 2019
David Alfred Carroll's answer
You absolutely should contact an experienced local family law attorney. Preferably an attorney with a good record of fighting custody battles. You have issues of jurisdiction that need to be addressed. Typically living here for seven months would give Florida jurisdiction over the children and the case. However there are many nuances to that which a lawyer with specific facts could help you figure out. It may be that jurisdiction is in the father state, and if so you may end up getting a voyeur...

Q: Father died a week ago. His spouse died 4 years ago. I am his only biological child.

1 Answer | Asked in Family Law for Florida on
Answered on Jan 30, 2019
David Alfred Carroll's answer
I would strongly encourage you to hire a probate lawyer immediately. Hopefully there is a will. As a child you will have certain rights whether there was a will or not. You need help with an experienced local probate attorney and you should contact one immediately.

Wishing you all the best.

David A. Carroll

Pensacola Family Law Attorney

Q: In family law, are letters between the two parties attorneys admissible in future court proceedings?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 30, 2019
David Alfred Carroll's answer
It is best that you speak with your lawyer with these questions. Your lawyer will have the specifics and details of the communications, and the timing of the communications in relation to any judgments. Your lawyer is in the best position to advise you. Please share your concerns with your lawyer. Generally speaking if the modification was reduced to a court order, then the court order would govern. Generally correspondence discussing settlements is confidential and not available for the courts...

Q: Is it not a conflict of interest to represent one parent in a dependency case and also represent the grandparent

1 Answer | Asked in Family Law and Child Custody for Florida on
Answered on Jan 30, 2019
David Alfred Carroll's answer
The grandparents are not a party to the dependency case. The parents, DCFS, Guardian ad litem, and the child are the parties to the case. It is not automatically a conflict of interest for a lawyer to work with the grandparents and the parent. However, if their issues are opposed then it would be a conflict. For example if the grandparents were working with the department to get the mother's parental rights terminated so that the grandparents could adopt, and if the mother was not in agreement...

Q: My ex moved to Puerto Rico after my kids emancipated in Florida CS case. Can she reopen my Florida ended case in P.R.?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 30, 2019
Terrence H Thorgaard's answer
Do I correctly understand that, under the terms of your Florida child support order, you no longer owe ongoing child support for either child? If so, send a letter back to "the child support" (It's unclear whether you mean Puerto Rico or Florida), explaining that. I'm guessing that she didn't tell them the full story.

Q: My husband won't leave the house. I would like the kids to stay in my house 100% and we rotate. Can I make him leave?

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Jan 29, 2019
Terrence H Thorgaard's answer
No, you can't force him to leave until and if one of you files for divorce and gets a judge to order him to leave.

Q: Can obligee have cs taken by the State of Fl for some reason? Ex says FL is keeping her cs. Or is she lying to get mo $?

1 Answer | Asked in Family Law and Child Support for Florida on
Answered on Jan 28, 2019
David Alfred Carroll's answer
You can contact the Florida Department of Revenue directly to see how the money you are paying is being handled. Typically, child support belongs to the child. Therefore, it cannot be interfered with by the court. However there are many exceptions when it comes down to child support, and it may be possible that the money is being redirected in some manner. Instead of relying on the mother to provide you with information, you should get it on your own from the department of revenue, that way you...

Q: if Neice is using legal aid with a lawyer and Nephew needs legal represtation . what resources are available for him

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Jan 28, 2019
David Alfred Carroll's answer
Please re-ask the question with additional information. Are you speaking of legal aid for a divorce, custody, child support, or other issue. Anyone can apply for help with legal aid, however the delay has its own criteria for who they approve. It is not clear whether the niece and nephew are fighting each other in a case, if they were it would be a conflict of interest for legally to represent both. However, if they're not litigating against each other than I see no reason why legal aid would...

Q: why should my special needs daughter be court ordered to spend the weekends with her father who lives 10 hours away?

1 Answer | Asked in Family Law for Florida on
Answered on Jan 28, 2019
David Alfred Carroll's answer
You should discuss this with an experienced local family law attorney. If your case is already pending in the other state, then you should speak with an attorney there. It sounds like you have very serious concerns about the Father's care or inability to care for the children which causes your daughter to become very sick especially in light of her seizure condition. All of these factors can be presented to the court to see whether an alternative visitation schedule would be better. Weekend...

Q: i live in florida and i was wondering, if a 17 year old were to run away, what can the parent to do make them come home.

1 Answer | Asked in Family Law for Florida on
Answered on Jan 28, 2019
David Alfred Carroll's answer
You have eight months remaining to live at home. You need to think through what is involved with living on your own. in almost every single situation is detrimental to move out of your home earlier than you need to. Take this time to save money, gather information, research living situations, so that when you are ready you can move out without problems. Technically, if you run away, law enforcement can arrest you and can return you to home. Further they can keep you in a juvenile detention...

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