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Florida Family Law Questions & Answers
3 Answers | Asked in Divorce, Immigration Law and Family Law for Florida on
Q: Should I file for my divorce first or VAWA green card?

I'm an immigrant married to a US citizen who will be filing for a VAWA green card. I was a victim of domestic abuse and I would like to divorce my spouse. During our marriage he was the main bread winner and I was the care taker at home. I could not work due to immigration reason but I have a... View More

Jamile Moraes Pellicer
Jamile Moraes Pellicer
answered on Sep 6, 2023

The decision of whether to file for divorce first or pursue a VAWA (Violence Against Women Act) self-petition for a green card depends on your individual circumstances and the facts of your case. It's essential to consider various factors before making a decision, and it's advisable to... View More

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2 Answers | Asked in Family Law and Child Support for Florida on
Q: my daughters father stopped paying child support. he makes deposit at the bank. how can i file with the state?

My daughters father makes child support payment by depositing it to my account at the bank on the 1st of every month. This month he didnt do it and did not respond after i reminded him. I want to file for child support payments through the state of florida. How can I do that? He lives in broward i... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 3, 2023

Contact the Florida Department of Revenue Child Support Program:

https://childsupport.floridarevenue.com/

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1 Answer | Asked in Family Law for Florida on
Q: mother failing to split 50/50 ot of medically needed glasses

I have a 50/50 split custody agreement with my ex amanda for our daughter. In the papers it states that out of pocket medical expenses are to be paid 50/50. My daughter broke her glasses and i got an estimate for a new pair and mom is refusing to pay half as my daughter broke them at my house. She... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 31, 2023

First, you should just pay for the glasses. Second, you need to decide if it is worthwhile to go back to court to try and collect her half. 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 to set up child custody while married?

I am currently married but seperated and I would like to set up custody arrangements so that my spouse can see our child. If I do that before the divorce will that affect child support payments?

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 30, 2023

The two parents can voluntarily enter into a parenting plan. As long as you both agree and sign then it is a binding contract between the two of you which can be used later if you divorce. Technically there is no child support due while you remain married. Once child support begins it will be based... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My ex spouse threatened to shoot me 2 years ago, and I'm wondering if there is a basis for a legal case

My ex spouse threatened to shoot me 2 years ago, and at first she denied that during my divorce hearing under oath, but during the next hearing, she confessed about it for the record.

She also previously filed 2 DCF cases and 1 domestic violence case against me, which were never proven.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 30, 2023

Theoretically, it could be a criminal assault case (if she threatened to shoot you at the same time she made the threat), or a criminal case for perjury, but I would doubt that the criminal authorities (either in Florida or in the military) would elect to prosecute. If by "a legal case",... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Can I file something with the courts to have electronic communication with my child?

I live in Texas and my daughter lives in Florida. Long story short, before moving to TX I did not see my daughter for 8 months because the mother decided she wanted to stop coming to court ordered custody exchanges. The judge did not take that lightly and she was found in contempt and the judge... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 30, 2023

You do not mention if you have ever been to court regarding the child. If there is an existing court case in Florida then you can file a motion for electronic communication with the child. If there is no court case then you must file a petition for paternity (assuming that you are not married).... View More

1 Answer | Asked in Family Law and Banking for Florida on
Q: Can I get my son in trouble by asking him to pose as me to help do my online banking

I gave him POA already

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2023

Using a Power of Attorney (POA) to manage your financial affairs is a legal way to grant someone else the authority to act on your behalf. However, it's important to ensure that the actions taken under the POA are within the bounds of the law and the terms specified in the POA document.... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Florida.Parenting plan states on specific date, father shall exercise time sharing and then every other weekend after.

Child asked to go to a sleepover birthday party during father timesharing weekend. Father does not wish to travel to take child. Father states that mother should make arrangements with his mother for the entirety of his timesharing weekend. He would not be with child, however seeking to pawn off... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 24, 2023

The father is responsible for his timesharing. You do not need to make arrangements with his mother. You do not mention how the exchange is handled or how old the child is. Normally a parenting plan says that if a parent does not show up to exercise timesharing after a certain period of time the... View More

1 Answer | Asked in Family Law, Civil Litigation and Divorce for Florida on
Q: Is it illegal to deliberately delay a court ordered settlement payment.

I'm disabled and the ex-wife was ordered to divide the pension 50/50. She knows I need to retain an attorney in another matter and is deliberately delaying releasing the money until I lose my case.

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 24, 2023

A well drafted agreement or order should have a deadline for payment. A delayed payment is not 'Illegal" but depending on when it was due, you can file a motion for enforcement and contempt. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Hello, i live in Ny and the jurisdiction of mu case has now been moved to Georgia. Foreign jurisdiction. What next.
Rand Scott Lieber
Rand Scott Lieber
answered on Aug 23, 2023

You do not say why it was moved. Presumably the other party lives in Georgia now. If you want to pursue further legal action on that case it will be in Georgia unless you have a legal reason to move it elsewhere. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son has had his 5 yr old back in Fl for 2 months. Can he file to keep him in Fl where he was born?

My son's girlfriend took their three-year-old to New Jersey for 2 years against my son's wishes. She would not send pictures or facetime. My son did not have the money to fight it in court. She put him in an abusive home and called my son to come get him because she could not take care... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 18, 2023

Legally, until your son goes to court the mother has all of the legal rights regarding the child. He can file a paternity case in Florida, however the court may not rule on custody until the child has lived here for six months. Multi-state family cases can be complex so speak with a local family... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I move?

I am a full time single mom and the dad doesn’t help do anything but “FaceTimes”, we are married and I am looking to move to increase income. There’s no custody order or anything regarding the court. I’m not ready for a divorce until I’m financially set. Can I move out of Florida though... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 17, 2023

Yes you can move; however, if your husband files for divorce here it is possible that you would be ordered to return. The better course is to tell him what you are doing and why. Regarding filing elsewhere, most states require that you live there six months before you can file for divorce. Speak... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: In florida divorce proceedings. Does the whole mortgage payment get deducted from the equity of the marital home or just

The principal?

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 17, 2023

For equitable distribution, you would subtract the outstanding mortgage balance (the payoff amount) from the fair market value (or selling price) of the house to calculate the equity. The starting point then is to divide that number in half. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Can I move without Father’s Permission?

My baby father and I are separated but still married, there’s no court order for anything regarding custody or divorce. I want to move to another state. He doesn’t support this child, and only wants to “FaceTime” the child. Can I move from Florida to another state without notifying him.

John Michael Frick
John Michael Frick
answered on Aug 17, 2023

If there is no court order, you can generally move to another state with the child without the other parent’s permission. However, the other parent can file a proceeding seeking custody or visitation in the state you are moving from, which you may have to address. Once the child has lived in a... View More

1 Answer | Asked in Family Law for Florida on
Q: How do I establish my paternal rights in Florida? Never married, child born out-of-state, already on birth certificate.

My daughter's mother and I have never been married. We ended our relationship when our daughter was 1, she is now 9. The mother and I both currently live in Florida, but our daughter was born out-of-state. I am already on the out-of-state birth certificate as the father. I want to ask the... View More

Destardes Moore
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Destardes Moore
answered on Aug 14, 2023

You would file a Petition to Determine Paternity and For Related Relief in the county where the Mother and minor child reside. You should consult with an attorney regarding the specific facts that may be applicable to your case.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I am in Hillsborough county and I am currently separated from my legal husband and I have a child with someone else.

I need to establish paternity with the other man and seek child support because my husband was automatically put on her birth certificate

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 14, 2023

Your husband is the "legal" father and is responsible for child support unless the other father comes forward voluntarily. At that point you cold file a petition to disestablish paternity and switch the responsibility from your husband, the "legal" father, to the biological... View More

1 Answer | Asked in Estate Planning and Family Law for Florida on
Q: My siblings are all in the USA and they want to gift me the house left my my father after he died. Can they do it with

Out going to Puerto Rico? Our mother still luves in the house.

Thank you

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 12, 2023

It's very likely that there would be no need for them to go to Puerto Rico (where I assume the house is located, and assuming they have title). Contact a lawyer licensed to practice law in Puerto Rico to prepare a deed and to arrange the transaction without the necessity of travel.

3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Florida on
Q: I have a will created in 2015 in FL. I since sold the residence listed in the will. Do I need a new will to list my new

Home or attach a paper to will with new home address?

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 10, 2023

If your circumstances have drastically changes you may need to create new estate planning documents, if it is one or two changes you can likely address it via a Codicil being added to your Will. If you are trying to avoid probate entirely, I would advise speaking with an estate planning attorney,... View More

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1 Answer | Asked in Family Law and Civil Rights for Florida on
Q: If you were given a phone as a gift before 18 that your mom pays does she have the right to take it now that you're 18.

Me and my mom got into a fight which she started and proceeded to beat on me. I did swing back to get her to leave me alone. She was upset because I was sharing my feelings with my aunt that had nothing to do with her. I was talking to her about my feelings when my mom came up there yelling at me... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 9, 2023

No one has the right to renege on a gift, but if the phone service is not in your name, and the phone was provided from the service, your mother might be able to get away with claiming the phone belongs to her. You seem to have much bigger problems in your household than the wrongful taking of... View More

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: How do I modify a Marriage Settlement Agreement when the Divorce is not finalized.

My wife and I agreed to a "short version" marriage settlement agreement back in Dec. 2022. I get 5 days/week timesharing with our son, she gets 2. The child support was based on this timesharing plan.

Since Dec. 2022, she has not seen our son once and the divorce is not final.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 8, 2023

Child support and timesharing are always modifiable until the children emancipate. You should keep a calendar and record every overnight that mom misses. You can use that as evidence when you seek to modify. You could also file the modification now. Your case is open, the agreement is binding, and... View More

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