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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law and Elder Law for Florida on
Q: My cousin is in a nursing home with dementia. Taxes are due on his FL home. can a family pay the taxes b4 tax lien issue

Can I submit an invoice to be reimbursed upon the sale of the home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 24, 2024

Yes, you can pay the taxes. You should also look into whether the home is exempt.

But someone should be responsible for his financial affairs; that person should take care of the tax payments.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: My sons father relocated our son in violation of a temporary custody and status quo order and FS 61.13001, what do I do?
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 21, 2024

You need to file a Motion to Enforce to notify the judge that an order has been violated. Then you need to request a hearing on that motion. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Divorce, Family Law and Child Support for Florida on
Q: I'm remarried, If I were to pass away, would my current wife be force to pay child support from my previous marriage?

I remarried in 2019 when my son, who lives with his mother in PR, was 12 years old. I live in Florida and I'm in perfect health but the question still arise. My son will be 18 this June and planning to go to college. I know that I need to pay child support most likely beyond him reaching 25... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 19, 2024

The child support obligation is yours alone (not new wife) and will terminate on your death.

1 Answer | Asked in Family Law for Florida on
Q: Trying to get at least visitation with my grandson in Louisiana

Grandson was taken by the dad because my daughter is dealing with mental health issues and now they won’t even let me see my grandbaby. It’s been almost three years. I’ve tried reaching out on social media but got no response. I don’t know what to do at this point. I at least want some type... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2024

If the child is in Louisiana, has been there for at least six months, and there is no court case involving him, in Florida or elsewhere, this is not a matter of Florida law. You need to contact an attorney licensed to practice law in Louisiana.

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Florida on
Q: How can I get a lawyer and not pay more money when parents were force to sale their condominium as a owners

If they wouldnt pay 12,000 assessments fees they were obligate to sale their little place then they only want having a family member having a guardianship . Also, making hire professional JWB realty never said parents should pay all from their little place money.Plus they make parents sale their... View More

Linda Liang
Linda Liang
answered on Mar 13, 2024

I am sorry to hear what your parents are going through. However, your questions are not clear.

You said you have a hearing soon and judge issued an order making you pay lawyer fee in the next few years. Does that mean yo already have an attorney working for you and you are happy with the...
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1 Answer | Asked in Family Law and Civil Rights for Florida on
Q: Hello everyone, I am in need with your help to find an attorney or hire an attorney is against the DCF case ASAP.
James L. Arrasmith
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answered on Feb 24, 2024

If you're facing a case involving the Department of Children and Families (DCF) and feel the need for legal representation, it's important to act quickly to secure assistance. Start by reaching out to trusted friends, family members, or community resources for recommendations or referrals... View More

1 Answer | Asked in Family Law for Florida on
Q: My ex-husband signed for a loan during marriage. I did not sign. He's in prison and trying to add my name to this loan

In divorce decree states I am to pay even tho I did not sign. What do I do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

If that's what the divorce decree provides, you are obligated to pay according to the decree.

1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Do I have to have a separate room for my daughter in order to win custody. Currently temp time share. Want sleepovers.

I have a 4 year old daughter. I am currently going threw a divorce. my Divorce lawyer tells me that I have to get my own place. I live with my brother and I have my own room. I am on the lease now. I told my DL that I can give my daughter my room and I can set up the livingroom for myself. So it... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

You should believe what your attorney tells you; or get another attorney.

1 Answer | Asked in Family Law for Florida on
Q: How can I terminate parental rights of my children’s father when he is in a different country and I can not serve him?

I was divorced in December of 2021 and was awarded temporary sole custody. I would like to terminate the father’s parental rights on basis of abandonment. He has not seen his kids in over two years and has provided zero financial support.

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

What are you trying to accomplish by terminating the other parent's rights? You already have full control. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Does the new law regarding supportive relationship apply to a divorce Judgment entered in 2015?

My Former Husband has filed a counterpetition alleging a supportive relationship.

I filed a petition for modification in December of 2020 requesting an increase in alimony and extension of durational alimony. This is still pending because I cannot get discovery of his financial situation.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 6, 2024

The law on supportive relationships has been in effect longer than since 2015. It can probably be raised as a defense with or without a counter petition. The law will be interpretd as it stands today with few exceptions. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: What’s next after petitioner denies my counter petition?

Petitioner filed for dissolution of marriage. Respondent answered and filed a counter petition. Petitioner answered with a general denial. What is next?

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

Next is the exchange of mandatory disclosure. Read family rule 12.285 for the list of what is required. After the parties exchange the discovery (documents) then the court will probably order you to participate in mediation. Speak with a local family lawyer for more specific advice

1 Answer | Asked in Family Law for Florida on
Q: Does the new alimony law apply only to "initial petitions"?

Could the new alimony law apply to a petition for modification filed in dec 2020 pending of a 2015 final judgment ?

(11) The court shall apply this section to all initial petitions for dissolution of marriage or support unconnected with dissolution of marriage pending or filed on or after... View More

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

Your modification will still be based on the law that applied to your 2015 final judgment. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Florida on
Q: What do we do about residency and time-sharing while we are in the middle of a divorce?

My spouse served me with divorce papers after I put a temporary injunction on them. Currently I am occupying the marital home and have full time-sharing/custody of the children (due to temporary injunction). If I voluntarily dismiss the temporary injunction, will my spouse be able to come/go from... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 2, 2024

You need to address these issues with the judge that is handling your divorce case. If there are no court orders to the contrary than you continue to share the children and the house. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Florida on
Q: Am I responsible for the other parties attorney fees if I voluntarily dismiss the temporary injunction I placed on them?

I put a temporary injunction on my spouse and they hired an attorney before the hearing. If I decide to voluntarily dismiss the temporary injunction prior to the hearing, will I be responsible for their attorney fees?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 2, 2024

Generally speaking each party is responsible for their own fees in an injunction hearing. You have an absolute right to dismiss your petition. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Child Custody and Government Contracts for Florida on
Q: What type of lawyer would I need if I'm dealing with a closed CPI/ DCF case in regards to getting my daughter back.
Rand Scott Lieber
Rand Scott Lieber
answered on Jan 29, 2024

A family lawyer that handles or specializes in dependency cases.

1 Answer | Asked in Family Law for Florida on
Q: My sons father got married to someone that tried to attack me prior and I don’t feel safe with my son being in this pers

Person care. Can I get court order for supervised visits?

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

You can file a motion but the burden will be on you to show that there is a danger to the child and that it is not in the child’s best interest to have unsupervised timesharing. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Does Mom of a 6 m/o baby have to send baby for weekend with her Dad and girlfriend after g/f endangered infant 3 times?

My son and his ex (never married) have a 6 month old daughter. Mother and baby live with me still, but Dad moved out months ago and rarely comes by now. His new girlfriend has endangered the infant 3 times now (first time was at 4 months old) and Mom is terrified as Dad demands the baby this... View More

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

Until the parties have been to court on a paternity action the mother has full control of custody. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Court ordered Mediation

We recieved court ordered mediation for our divorce. We have agreed on a marriage settlement and have both signed it. Can we skip a professional mediation service?

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

You need to file your settlement agreement with the court and then notify the court and/or the mediation service that the issues are settled. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: We're moving back to city/state where my son's Dad lives, but he's never met him/been involved. Do I have to tell him?

When I was pregnant with our son, my (now ex) husband went to prison in OR. Once he was born, I moved in with family in FL. Upon my ex's release, he had an affair, so I filed for divorce. He was granted conditional video visitation to start with, since he's never met our son. This was... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jan 2, 2024

You need to start with the court order that addressed custody from your divorce. Was that in Florida or Oregon? Next, speak with a family lawyer in that jurisdiction who can advise you more specifically on your rights and obligations.

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: Question about an elderly person with dementia and a caregiver who is now on the house deed and in the will.

In 2019, my grandmother’s caregiver told the family that the doctor said her dementia was getting worse and she could not drive or make any financial decisions. In 2020, my grandmother’s lawyer, who is friends with the caregiver, allowed my grandmother to sign over her condo and change her... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 1, 2024

Sure, it merits looking at. But the different signature doesn't necessarily mean that her mental ability was diminished.

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