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Florida Family Law Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Florida on
Q: what can I do If my sons father is keeping him From me and won’t give him back and I am the primary parent

My sons stays with me (his mother) I took him to stay with his dad for 2 weeks he was supposed to come back but it has been a month and his father will not send him back to me because I won’t let him get food stamps for my child because he stays with me

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

If you have a court document that says the time is yours then go get the child. If the father refuses you can return to court to enforce the agreement. Although it is a last resort, you can also try to get the police involved. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Family Law and Child Custody for Florida on
Q: I am a unmarried mother, resides in Florida, the child was born in the state of Colorado. Do I have full legal custody?

My child was born in Colorado, but my primary residence is Florida where the child and I live. Does the resident state laws apply or does the birth state laws apply to custody?

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

In Florida, the mother is in control until the father goes to court. You do not mention how long you have lived in Florida or how old the child is. If you and the child have been living in Florida for more than six months then any legal action (like a paternity suit) would have to be in Florida.... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: Hi, my husband wants to divorce. He just filed last week and he says that I’m not getting anything from him.

Hello,I’m desperately looking for in attorney or any kind of advice. My husband just filed for divorce last week during we were in a session with the marriage counselor just because I said that he push me. Now he says that he will get everything the house, the cars and then I’m not getting... View More

Pamela J. Fero
Pamela J. Fero
answered on Aug 7, 2023

Florida adheres to equitable distribution of assets, whereby all marital possessions are eligible for property distribution regardless of whose name they bear. The potential for receiving spousal support during divorce hinges on factors such as the duration of the marriage and individual... View More

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1 Answer | Asked in Divorce, Arbitration / Mediation Law, Domestic Violence and Family Law for Florida on
Q: Myself & spouse have lived in home 27 years. If I file for divorce will he be made to sell home in St Pete and split the

Home in his name only. Do not trust him!

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 7, 2023

As long as the house is a marital asset, which it sounds like it is, the court will order the equity to be divided as part of equitable distribution. You will each have the opportunity to buy the other out or else the property will be sold. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law for Florida on
Q: After and over 10 years know guy is saying one or both kids could be his and not mine I been court ordered pay child sup
Rand Scott Lieber
Rand Scott Lieber
answered on Aug 6, 2023

If the children were born during an intact marriage then you are on the hook. If you were never married then you need to determine how paternity was established. It is possible after ten years that you can no longer challenge the finding. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: My ex husband put soap in my child's mouth for cussing and my son told me and they live in g. A. What do I do?
Destardes Moore
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Destardes Moore
answered on Aug 12, 2023

If you suspect that the Father's disciplinary actions towards the minor child constitute abuse or neglect, it's advisable to contact the police and/or Child Protective Services. If there's a current court order in place, consider consulting with an attorney to determine if the... View More

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1 Answer | Asked in Civil Litigation, Divorce, Family Law and Real Estate Law for Florida on
Q: I bought him out of joint home 4/2023. He closed on his house July 12, 24 but he won’t leave. How can I make him leave?
Charles M.  Baron
Charles M. Baron
answered on Aug 3, 2023

Schedule a consultation with an attorney handling real estate litigation or general practice; alternatively, an attorney handling landlord-tenant cases can probably help even though this is not a landlord-tenant matter. You should be able to sue for unlawful detainer and/or ejectment, and perhaps... View More

2 Answers | Asked in Child Support, Divorce, Family Law and Child Custody for Florida on
Q: Can my ex wife get any kind of alimony even though it was waived when our divorce was final?

We have 50/50 custody of 3 kids and child support was not granted for either party. My career changed and I now make a substantial amount more than what I was making at the time of divorce, which has been final for over 2 years. She’s unable to obtain employment and was a stay at home mom when we... View More

Pamela J. Fero
Pamela J. Fero
answered on Aug 3, 2023

She can go back to court and file a request for alimony and child support. She'll have the burden to prove that there is a need for those kinds of support and that you are capable of providing it. Talk to a lawyer to know how you can be prepared if this happens.

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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Child Custody for Florida on
Q: In the process of divorce and my spouse will most likely not agree to 50/50 for property and kids. What should I do?

During our marriage we purchase a house 1/3 mother in law, 1/3 spouse, 1/3 myself (loan) and sold with profit of 30k that amount has then been put into a house that is now under her name only that was purchased by her mother and forced to sign a balloon mortgage contract. She also made me sign a... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 2, 2023

In Texas, all property is presumed to be community property. The burden of proof is on the person claiming something as their separate property to prove their claim by tracing the property claim back to the magic moment of inception of title. While your first home was purchased during marriage,... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: What rights do I have if wife has abandoned our marriage and seeking divorce? She has no income. I receive a pension.

Her name is on the deed to the home. She's listed as beneficiary on pension.

Paul Michael McDermott
Paul Michael McDermott
answered on Jul 27, 2023

Florida is a no fault state so "abandonment" is a non-issue for the most part. As to your rights, the answer depends upon many factors including the length of the marriage and the number of overlapping years of employment where you earned your pension. Typically all property acquired... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and International Law for Florida on
Q: How do I prevent my husband from returning to the US with our children?

I am a US defense contractor in Germany. My husband is threatening to leave me and take our two children back to the US. We are here under the NATO Status of Forces Agreement (SOFA). What are my options to prevent him from taking them back to Florida? Do I need to file for divorce or is there some... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2023

I am not a family lawyer but I work on international cases. This is what I know...

If the child is not present in Florida and resides abroad, Florida courts may not have jurisdiction over child custody matters under normal circumstances. Jurisdiction in child custody cases is typically...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I would like to allow my child's maternal grandparents to have concurrent custody.

I know that I need to complete a FAMILY LAW FORM 12.970(d), WAIVER OF SERVICE OF PROCESS AND CONSENT FOR CONCURRENT

CUSTODY BY EXTENDED FAMILY form. What is the next step, and how long does this process take?

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

I am not sure what your legal goal is. Are you leaving the child with the grandparents? Do you want them to be able to sign legal documents for the chid in your absence? Your question is very broad. Speak with a local family lawyer and give more details for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: a deed not finished but 2yrs later finished by the defrauder and recorded is it legal

the deed was drafted but never finished later then the deed appeared with the witnesses and notary s printed signatures 2yrs later and after the commission date of each notary was expired

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2023

And, presumably, you want to know what can be done about it? Whoever was defrauded could sue to void the deed and clear title to the property. Notaries are supposed to keep records of what and when they notarize documents. The plaintiff could depose the notary and the witnesses to see what, if... View More

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: If you and your sibling own a house with both owning the same amount of house, is there any recourse for making the

Sibling either buy you out of the house or making them sell the house to split the profits?

Phillip William Gunthert
Phillip William Gunthert
answered on Jul 23, 2023

Yes, this would be called a Partition Action", I would encourage you to try to avoid this costly undertaking and find common ground and agreement with your sibling via a buyout/refinance or agreed upon sale and to avoid the Partition Action, if this is not possible, then a force sale or... View More

1 Answer | Asked in Family Law for Florida on
Q: How do I proceed to get power of attorney over very mentally ill relative?

Wendy is 65 years old. She has

borderline personality disorder. Bipolar psychosis possibly schizophrenia she hears voices. She talks to voices everyday

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 20, 2023

If your relative is no longer mentally able to grant you power of attorney then you will need to go to court. This is not a "do it yourself" issue. Speak with a local lawyer for more specific advice.

2 Answers | Asked in Family Law and Civil Rights for Florida on
Q: I'd like to add family members using legal instruments. For instance, I would like to add step-cousins without marriage.

Is it possible to 'assemble' a legal family that is not blood related? For instance, I'm alone and would like to add 2 cute step-cousins (one Asian and the other South American) and a step-sister without marriage. Is this possible now or is it something that has not been legalized?... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 19, 2023

Possible options include adoption, guardianship, and marriage. There is no such thing as legally turning someone into your sibling or cousin (at least in Fla.). If you are concerned about inheritance, there are various legal instruments available, with no need to legally make the beneficiaries... View More

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1 Answer | Asked in Family Law for Florida on
Q: A Peruvian citizen came to US to have baby. Father is US citizen. Father suing - joint custody. Her visa expires 2 wks

She speaks little English. She’s a captain in police. No transport. I will help. I speak little Spanish. She has 20 days to respond. She was only given the first page in Spanish. Im not sure she understands he is suing for joint custody. She said he was trying to take her baby. Her page in... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 19, 2023

She needs to file a responsive pleading within the twenty days, regardless of her language or residency issues. I suggest that you take the pleadings and speak with a local family lawyer for more specific advice as soon as possible.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Custody Issues between Florida and Pennsylvania

I’m a father and I have been living in Florida with my son who is 12 for 7 years. My sons mother recently came from Honduras and established in Pennsylvania. She came to Miami to pick him up for summer vacation which I agreed to because it’s appropriate for him to also see his mother. First she... View More

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

If you have never been to court before then the only way to protect your rights is to file a paternity case. Without that legal filing the courts cannot help you if the mother tries to keep the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Nursing Home Abuse for Florida on
Q: I was my mom's 24/7 caregiverNov,22. Still over medicated my sister had her declared incapasatated legal guardian placed

In netral bank cost thousands. Then june23 slapped a unlawful detainer now I'm tresspassed is this legal

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

You need to schedule a consultation with an attorney to evaluate all the facts and related communications. The action against you may or may not be lawful, depending on the details, and even if it's lawful, you may have potential counterclaims for money damages.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Florida on
Q: Will I have to pay child support if I agreed 50/50 joint custody with other parent on martial settlement?

I’m in the process of getting divorce and we have come to agreement to split child’s expense. He insisted on 50/50 physical and legal custody. I’m currently working and he hasn’t employed for over a year. If I agreed with 50/50 custody and put into parenting plan, would judge honor it or... View More

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

Child support is calculated pursuant to the formula in the statute (law). The judge can only waive the exchange of child support if the amount is de minimus (very low). It may be possible (outside of court) for you and the other parent to agree to something different but that can create other... View More

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