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Florida Family Law Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Do both parent have to file a Petition for Relocation or just the custodial parent who is going to move with the child?

If a non custodial parent moved to another state before a Dissolution of Marriage was done in Florida, did she/he need to file a Petition for Relocation? When is considered she/he moved, when done physically or legally change address?

Veronica LaVerne Robinson
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answered on Nov 15, 2024

The short answer is that typically, only the parent who plans to move needs to file the petition before the move, but relocation is rarely just about legal paperwork. What you’re probably worried about is how this move could affect your relationship with your child or your ability to maintain... View More

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1 Answer | Asked in Family Law for Florida on
Q: Hi How can I go about obtaining a child passport if I cannot locate or have no contact with the other parent at all.

Esprcially if they are in another state

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 14, 2024

There is no guarantee but you can submit the passport application with a statement explaining why the other parent cannot be located. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Hello, I'm emailing for a friend who was just served. Her brother has been caring for her son for the past year

She was homeless. Now she has a home and wants her son back but her brother has refused and is now trying to get custody. She doesn't know what to do. Do you help with these matters?

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 14, 2024

Tell your friend to look for a legal aid agency in her area. They can either help or point her in the right direction. Many lawyers offer a free consultation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: What motion should I file if Respondent moved child out of state without notifying me during Paternity Case in FL?

A UCCJEA was also filed with the petition. The lawyer didn’t notify me as well. The child now lives 22h away oppose to 6h . What should I do to get this settled quickly .

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 5, 2024

Depending on the stage of the case you should be able to file a motion to return the child to the jurisdiction. Generally, during a pending paternity case neither party is allowed to relocate with the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: my wife entered her former married name instead of her maiden name on our marriage license is our marriage invalid.

We are married in the state of Florida.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 4, 2024

As long as your marriage license was executed by an appropriate official you are legally married. Speak with a local family lawyer for more specific advice.

3 Answers | Asked in Bankruptcy, Family Law and Child Support for Florida on
Q: Filing for bankruptcy. Does it matter if you do that before or after child support is in place?
Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024

Probably not but check with your family law lawyer and a local bankruptcy attorney. Most offer free consultations.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: What do you do when an absent parent, who has been absent the childs whole life starts calling & requesting a call back?

Child is 9. Father lives out of state & has not been involved since birth. He is on birth certificate & is court ordered to pay child support from other state. He was told that anything to do with custody or visitation would be FL courts. He never filed for anything. He's accused me of... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2024

It sounds legally like you are in control. Offer him the terms that you want and if he does not like it then he can go to court. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Florida on
Q: Please I need to legal advise for my family.

I live in Florida, I have a family consist of 6 members my wife and I with daughters 19 y and 14y and sons 18 year 16y, I would like to sell my home and move outside the country for one year because I have work in my an original country .

my wife and son want not to move with me and I can... View More

James L. Arrasmith
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answered on Oct 13, 2024

Hello Fathi,

I'm sorry to hear about the challenges you're facing with your family situation. Moving abroad while ensuring your family's well-being is a significant decision that requires careful consideration. It's important to have open and honest conversations with...
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1 Answer | Asked in Family Law and Legal Malpractice for Florida on
Q: How can I get my money from the clerk of courts

I had a bad divorce a few years back I'm still fighting and we had to sell the house and the proceeds were going to pay off the debt that was in our names her attorneys is appointed the money Long story short he was ordered by the judge to return all the money to the clerk of Court and now I... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 4, 2024

You need to file a motion with the Court asking for an order directing the clerk to pay you the money. Are you certain the money was deposited?

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: What does it mean when the other parties lawyer is asking me the below.

My Son’s father has filed a motion for leave of court to amend his petition for modification and enforcement of the parenting plan and for other relief. His lawyer emailed me “Do you agree to submitting an Agreed Order on the motion to amend the petition. Which must be determined before a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 4, 2024

It looks like, for some reason, the petition has to be amended before the parenting plan can be modified. If you don't understand, ask the lawyer?

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1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Florida on
Q: First of all my soon to be ex wife filed for child support in Santa Rosa county on 2-17-2023 then turned around and file

Filed a domestic violence injunction in Pinellas county on 2-22-2023 ( she don't live in Santa Rosa county neither do I ever. Then on 12-07-2023 filed for divorce in pinellas county, the day after I filed my answer to the divorce she filed violations of the injunction she says happened feb 3 ,... View More

Garrick Neal Fox
Garrick Neal Fox
answered on Oct 2, 2024

Sounds like you have a mess on your hands. You need a very good divorce attorney to sort this out. If there is a warrant for your arrest, that needs to be cleared first.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I have a closed child support case in Santa Rosa county fl and I filed a motion for change of venue and transfer of cour

Court file ( about 2 weeks ago) wanting to transfer my child support case in Santa Rosa to Pinellas county fl where my soon to be ex wife filed our divorce case after Santa Rosa county charged me with contempt of court for not paying child support even though child support says I'm current... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 30, 2024

You need to request a hearing in the court where you have asked for the transfer. They should either grant the transfer or deny it and explain why. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Divorce and Family Law for Florida on
Q: Can my soon to be ex-wife get child support in a county neither one of us ever lived in and still don't live in and have

a on going divorce case in a total different county?

James L. Arrasmith
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answered on Sep 27, 2024

No, child support should typically be filed and handled in the jurisdiction where the child resides or where the ongoing divorce case is already being handled. If your divorce case is ongoing in a different county, it's likely that the same county would handle matters related to child support.... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Not married and have a child together and want to leave and move out of state with child (for good reasons) he refuses

Everytime I try to leave and mention bringing the child it's immediately shut down and they get angry. I have absolutely nothing except for our child , them and their family and my dog. Haven't been able to keep a job due to them and now can't work. They gaslights me and is very... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 27, 2024

Although technically you can do what you like, this is a complex issue in family law. Try to schedule a free consultation with a local family lawyer to discuss your options.

1 Answer | Asked in Family Law for Florida on
Q: I have a FL court ordered parenting plan that consists of equally splitting medical and dental bills within 30 days.

Does this included orthodontic treatment too? The father is claiming braces are not necessary and does not want to pay his half.

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 26, 2024

Unfortunately if the agreement is not clear then either the parents have to agree or you can go back to court for the judge to determine if braces are included or not. That can be expensive due to attorney's fees. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How do I fill out a financial affidavit in a FL child support divorce case if I am unemployed (stay at home mother)

The husband is also unemployed.

Paul Michael McDermott
Paul Michael McDermott
answered on Sep 26, 2024

Just check the box that says "unemployed" and mark "0" on the income section. You can still complete the expenses, assets, and liabilities portion of the form.

1 Answer | Asked in Consumer Law, Copyright, Criminal Law and Family Law for Florida on
Q: Lexus nexis reports that my ex husband is my brother and list me as a owner what do i do
James L. Arrasmith
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answered on Sep 18, 2024

If the information in your LexisNexis report is incorrect, such as listing your ex-husband as your brother or showing you as an owner, it’s important to correct it as soon as possible. Start by requesting a copy of your LexisNexis report if you haven’t already, and review it carefully for any... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Husband removed all my access to funds/credit, can't afford my divorce atty & don't qualify for aid. What are my options

Husband contacted the bank after I used my credit card to pay attorney and he told the bank those charges were fraudulent when he knows they were not. He also drained most of the joint account and opened an account only in his name. He said he would do whatever is necessary to keep me from... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 12, 2024

You or your attorney can file a motion for temporary relief asking for attorney's fees to be paid by your husband or from marital funds controlled by your husband. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Family mediation fees. I am indigent, the father's income exceeds $50,000. Why do I have to pay the same $120.00 as him?
Rand Scott Lieber
Rand Scott Lieber
answered on Sep 11, 2024

The fee is based on your combined incomes. If you want a split other than 50/50 you must ask the judge and offer a legal reason. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Is my ex wife allowed to change the phone settings on the device I provide for our children when they are with her?

Per our parenting plan, each parent is 100% responsible for the device at our respectable homes. For months, I have tried to have her agree to use 1 device per household but she makes our children carry her phone during my timesharing. I finally agreed to let the boys take our phones to my ex house... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 11, 2024

The behavior that you are describing is not against the law but it is also not good parenting. If the two of you cannot resolve this issue then your remedy is to return to court for the judge to resolve the issue. Speak with a local family lawyer for more specific advice.

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