Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Family Law Questions & Answers
1 Answer | Asked in Family Law and Health Care Law for Florida on
Q: My mother gave me a durable power of attorney in Florida and has since moved to Puerto Rico. Is it valid in Puerto Rico?
Rand Scott Lieber
Rand Scott Lieber
answered on Jun 29, 2023

It should be valid anywhere as long as she does not revoke it.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: If I were to enlist in the airforce at 17 would I be considered emancipated? In florida
Rand Scott Lieber
Rand Scott Lieber
answered on Jun 27, 2023

You would be emancipated of you joined the military.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: Originally from PR. Never filed a CS claim. Currently in FL since 2013. Son moved in w/ me 6 yrs ago he is 20 now.

Father lives in PR. Always threaten me not to file for CS bcause he took care of our other 2 daughters now over 21. My son needs help for college. Should I file a claim in PR since in FL age is 18th and does not recognize college expenses and support after 18th? Can I file for back child support?

Destardes Moore
PREMIUM
Destardes Moore
answered on Jun 26, 2023

Based on the information provided, it appears unlikely that you can file a new case for child support in Florida. However, I recommend you consult with a local attorney who can assess your unique circumstances. Furthermore, it may be beneficial to consult with an attorney in Puerto Rico to... View More

2 Answers | Asked in Family Law and Immigration Law for Florida on
Q: Can I file a lawsuit against my husband's ex girlfriend in the state of Florida? We are residents in the state of FL.

My husband and I separated (no divorced) for almost a year last year. He started a relationship with a woman that lasted a few months. After talking and trying to solve our differences, my husband and I decided to get back together and restore the family we once were with our four children. We are... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 25, 2023

No, your husband probably can't successfully sue her for this. Report it to law enforcement.

View More Answers

1 Answer | Asked in Child Custody, Family Law and Immigration Law for Florida on
Q: Can a parent file a petition for child that lives in another state?

My ex lives in Pennsylvania she came from Honduras 5 years ago with her other husband and kids. I have a son with her that’s been living with me in Florida since 2015 when I arrived to the state from Honduras. Recently she came down here to Miami to pick up my son to spend the summer in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2023

If your son stays with his mother in Pennsylvania for six months or more, she will be able to file for custody there, and the Pennsylvania courts will have exclusive jurisdiction to decide custody. You should contact a Pennsylvania attorney for more specific advice regarding how to get your son;... View More

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Florida on
Q: Both my partner and I have restraining orders against his ex for stalking, both orders in place for the past four years.

Family members have informed us that she is attempting to rent 1 of the 2 apartments above us. I contacted the rental office and informed them of the order this week. She has not moved in yet but has started receiving mail at the apartment as we have been told by a family member who was asked to... View More

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

You took the right first step by contacting the leasing office. If the person in fact moves in then you can notify the police. A violation of an injunction becomes a criminal offense. Speak with a local lawyer for more specific advice.

1 Answer | Asked in Family Law, Divorce and Child Custody for Florida on
Q: Can I obtain an attorney to assist me with mediation so that I can just get my regular weekend visitation unmonitored.

This has been going on since the end of 2018 into 2019. My ex accused my mother of being under the influence of drugs (she was age 65) when she exchanged the children with him. He would stop me from seeing them if I didn't give him $300/month for child support. Unfortunately after he stopped... View More

Destardes Moore
PREMIUM
Destardes Moore
answered on Jun 17, 2023

You can retain an attorney to assist you with mediation. If that is the only proceeding you would like to retain an attorney for, then you would need to search for attorneys who offer limited-scope representation. Any allegations of abuse should be reported to the proper authorities. Consult with... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for Florida on
Q: I'd like to get information on obtaining a pro bono attorney for my case if possible.

I currently have a restraining order placed on me two years ago, but the other party has been contacted me, and even visited my apartment. I feel that the restraining order is unjustified,as the other party can't prove they fear for their life .

Destardes Moore
PREMIUM
Destardes Moore
answered on Jun 17, 2023

You may be able to file a Motion to Dissolve the Injunction. You should consult with an attorney regarding the specific facts of your case to determine if you meet the burden required to dissolve the injunction. Contact your local legal aid center for assistance.

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: If my child's paternal father did not sign the birth certificate in FL, does he have any rights?

He has been absent for nearly her entire life (almost 9 years). Looking into child support/back pay. He has moved out of state now and I am to be wed next spring and would like my future husband to adopt her. Looking for any advice on the first steps and the best way to go about this.

Destardes Moore
PREMIUM
Destardes Moore
answered on Jun 17, 2023

In Florida, in order for an unmarried biological Father to have parental rights, the Father would need to file an action with the Court to establish paternity. Consult with an attorney to determine what type of notice the biological father is entitled to as it pertains to the step parent adoption.

1 Answer | Asked in Family Law for Florida on
Q: How do i get a court order to change a death certificate for someone who died in Georgia. I currently live in Florida.

My husband and I were separated (not legally) at the time of his death. His family reported he was divorced but we were not. I contacted the Georgia Department of Health and they stated I needed a court order to get it changed but would not tell me how to get it or what kind of an attorney to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 12, 2023

You need to contact a trusts and estates lawyer in Georgia to help you, preferably in the county/ circuit where your husband passed away.

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: my brother forfeited on a agreement on the purchase of a home and land

my brother was supposed to pay the light bill and i pay the lease to own of said property @ $300 then we both pay the property taxes. well he got a settlement and moved out of property well the property is in both of our names he has not put no money in property, i have put new windows removed all... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 10, 2023

This answer is based on Florida law and assumes that your property is in Florida. You can file a lawsuit called Partition which will end one of three ways. 1, you keep the property and buy your brother out. 2. your brother keeps the property and buys you out. 3. the property is sold and the two of... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: what can i do if my daughter is with her dad and his girlfriend but is infested with head lice and they have no

intentions of cleaning her head out.

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Is there an active family court case? Get her to an MD and get a report to the judge. This case arises under FAMILY/ CHILD ABUSE law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

1 Answer | Asked in Family Law for Florida on
Q: we have alimony agreement for $1200 month for 3 years. which is 43200... is there way i can pay off alimony early ?

we have divorce agreement in place.. which is alimony for 3 years at $1200 month.. was wondering if pay 43200 could the legally end my alimony...

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 9, 2023

Yes, you can prepay your alimony obligation. Just get a receipt or other proof of payment and your legal obligation will be complete. To go above and beyond, you could file a notice with the court that the obligation has been satisfied in full. Speak with a local family lawyer for more specific... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: what can a parent do if the minor child has a head lice infestation and dad and dads girlfriend knowingly and willingly

just leave the minor child infested? what steps can i take as the biological mother who still has all rights to the minor child in order to get her placed back in my custody

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 9, 2023

If you have all rights to the child then why can't you just take the child? If there is a court order regarding the child then you can report to the court that issued the order that there is a problem. If the problem is severe enough you can report the issue to DCF. Speak with a local family... View More

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: what steps can i take if the girlfriend to the biological father of my oldest daughter is insulting me on social media

while still having an active Family Court case? there is also proof that she was insulting me. i was just wondering what could be done in situations like this

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 9, 2023

There is not much that can be done (legally) to stop insults on social media. You could notify the judge in the family case about the behavior and express concern for its effects on the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: I was granted a temporary order against en ex.

I'm in Florida and am going through a pretty tumultuous break up. This was part of a series of mental health crises where I experienced some very unsafe thoughts.

As a result, I lashed out at him in the midst of a crisis.

He has shown up to my house several times unannounced.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 9, 2023

Step one is make sure that he is served with the temporary injunction. You (or the Sheriff) can contact the probation officer directly. They may or may not be able to tell you the possible consequences of a probation violation. You may also be able to report his behavior directly to the police.... View More

1 Answer | Asked in Family Law for Florida on
Q: Can I bring up someone’s record of domestic violence at a domestic violence injunction hearing?

In my petition , I did mention he has a record and that is why it makes me afraid. Am I able to talk about this in my hearing ?

Saint Augustine FL

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 9, 2023

In general, prior bad acts are not admissible. It is definitely relevant if you were the victim in the prior case. If not, you would have to show why the prior incident is relevant to the current case. Speak with a local lawyer for more specific advice.

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: My mother currently has Legal custody of my two boys since 2016. But the boys actually live with me.

I pay child support to her and since my mom doesn't get food stamps for them she told me to apply and now DCF is wanting me to fill out forms because they want to know why I'm receiving food stamps and paying child support for the same kids. Please advise.

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

You need to start with the court that gave your mother custody. Ask that court to change the custody to you. Then you can stop paying child support and apply for food stamps. Speak with a local lawyer for more specific advice.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: In Puerto Rico do you need two witnesses to sign a Quit Claim Deed
Rand Scott Lieber
Rand Scott Lieber
answered on Jun 8, 2023

Two witnesses in Florida so probably yes.

View More Answers

1 Answer | Asked in Family Law for Florida on
Q: I can put a motion or lawyer to follow up CS from Asume case owed from the non custodial father? I live US he lives PR

He owed more than a year of CS. Asume told me by phone that the Agency here on Florida is the one that needs to bring follow up to the case, not me. Asume don't answer my calls, certified letters, etc that i send asking for action about this.

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

You must start with the court that issued the child support order. They may have an enforcement agency that can help you for free. Speak with a local family lawyer for more specific advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.