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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law for Florida on
Q: Need help we have 1000 lawyer said could help with guardianship but now we actually need jennings Florida

Petition to terminate guardianship all consenting. was a permanent guardianship through courts in Valdosta they said she could petition court to get her daughter back at a later date.

Michael  Mayoral
Michael Mayoral answered on Nov 5, 2021

First, my advice is that you consult with a family law attorney in Florida. However, in order to get proper assistance from a lawyer on this forum, you should consider doing the following:

1) Frame the issues as clearly as possible. What are the facts of your issue, state it in the most...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Florida on
Q: In the state of Florida is it a law that you have to press charges on your abuser with an open CPI Case?

They are trying to take not give me back my kids what type of lawyer do I need to hire to sue the are doing discrimination of me and my Rights

Michael  Mayoral
Michael Mayoral answered on Nov 3, 2021

It is not a Florida law that says that you must press charges, however, generally speaking, the Florida Department of Children and Families can remove a child from a home if they can show the home is dangerous for a child because of ongoing domestic violence. You should consult with a family law... Read more »

1 Answer | Asked in Real Estate Law, Family Law and Landlord - Tenant for Florida on
Q: Can owner throw out A squatters property when the squatters leave for an appointment for example or anytime?
Barry W. Kaufman
Barry W. Kaufman answered on Oct 27, 2021

No. You have to remove people from your property using the law. Throwing away people's belongings, cutting off water, etc., is called "self-help" and is specifically prohibited. Hire an attorney to get rid of the squatters, and their junk, legally.

1 Answer | Asked in Family Law for Florida on
Q: Is it legal for a half uncle to marry his half niece. So half brother of the woman’s father.
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 27, 2021

No.

Florida Statute 741.21 Incestuous marriages prohibited. provides as follows:

"—A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal...
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1 Answer | Asked in Family Law for Florida on
Q: What can we do about a 40 year marriage that apparently was never legally recorded?

We were married on a whim in Vegas by a man we met that invited us to a party, Lots of drinking. He was supposed to be a person who could legally do it. If I remember correctly he gave us paperwork in script that I think was supposed to act as a temporary license while he filed the rest with a... Read more »

Michael  Mayoral
Michael Mayoral answered on Oct 26, 2021

It sounds like the most efficient thing to do would be to apply for a marriage license and properly complete the marriage. All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, including retired judicial... Read more »

2 Answers | Asked in Family Law for Florida on
Q: I want to record my next hearing I have the statue for Florida but I need help with the title

I am pro se in Walton county Florida

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Oct 26, 2021

You cannot record any hearings without the court being aware of it and authorizing it. WHat is the always available route is to hire a court reporter to take down everything that happens and can create a transcript of the hearing after attending.

Good luck!

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: How can I change child Custody agreement if there was no Substantial change since it was approved?

Agreement states I see my kids every other weekend, i requested my ex for more time, she refused. My kids requested to spend more time with me, their mom refused. They dont want to go back to their mom after their visit, they feel overly stressed and distraught. A Lawyer i spoke to said there is... Read more »

Linda Liang
Linda Liang answered on Oct 18, 2021

Mental abuse can be qualified as substantial change. The key is that you need to have evidence. Once you do, find an attorney.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Are there any resources available for someone who can't afford to pay for a PI to serve a parent with contempt paperwork

My son has been told he needs to hire a PI to find his daughter's mom in order to serve her with contempt paperwork. She has kept him from having any contact with his daughter for over 1 year even though there is a parenting agreement in place. The courts have told him he needs to hire a PI... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 13, 2021

Has he tried one of the many online "find a person" resources?

1 Answer | Asked in Family Law for Florida on
Q: Can you help with a mom keeping her daughter from any contact with her dad even though there is a parenting agreement?

My son lives in Michigan and the last he knew his daughter & her mom live in Tampa. The mom has not allowed any kind of contact with the daughter for over a year. He has requested wellness checks but she isn't at any of the addresses he knew about & has filed for contempt but... Read more »

Laura E. Kenney
Laura E. Kenney answered on Oct 13, 2021

In order to properly serve the Mother, it will be necessary to hire a PI or process server company to do so.

3 Answers | Asked in Civil Litigation and Family Law for Florida on
Q: Do I have to sign over 50% of my business to my soon to be ex husband?

He is trying to force me to sign over half of the business or he will keep our son from me until we go to court.

Jane Kim
Jane Kim answered on Oct 12, 2021

You need to consult with a divorce lawyer in your area. Nobody can "force" you to do anything, it is called coercion and is illegal. Both of you have to come to an agreement on how to divide the assets and liabilities of the business, if that's what you'd like, and then follow... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: My son went to visit with his father in Flordia.last summer supposed to be back before school.Father overdosed on drugs

He told them I had them i had abdomen my son .He was going to placed in foster care.,but fortunately his fathers girlfriend mom got temp.guardianship.This lasted until December..via telephone.she never once received any paper work any legal documentation of this.Court was dismissed on her... Read more »

Linda Liang
Linda Liang answered on Oct 12, 2021

What is your question?

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Adoption for Florida on
Q: I was adopted by my grandparents my blood mother was always in the picture she died unexpectedly mo will am I entitled
Phillip William Gunthert
Phillip William Gunthert answered on Oct 11, 2021

I am sorry for your loss on the passing of your mom, please accept my condolences. The answer to your questions is generally yes if you were named in a Will or Trust or if the estate was intestate (without a Will) then you can reference Florida Statute 732.108 (c) Adoption of a child by a close... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: Can I get emergency guardianship over my husband who has Huntington’s disease?

The disease destroys brain cells and causes mental and psychological and behavior problems. I had to leave him at one point for more than a year and when I came back the house and finances were wrecked. He would have lost his house if he hadn’t refinanced. He let’s me handle the finances now... Read more »

Linda Liang
Linda Liang answered on Oct 10, 2021

You can if the court says so. You should go to the court to try to obtain guardianship.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Is an 11 yr old who lives in Fl able to decide to see her dad when her mom won't allow it & refuses to work out custody

The mother doesn't allow any contact and there is absolutely no custody arrangements, however the daughter and father found each other via snapchat and have been carefully communicating because he is afraid the mother may get upset with their daughter.

Linda Liang
Linda Liang answered on Oct 10, 2021

Are they divorced? Is there any parental plan agreement? if there is one, the father can go to court to apply for a court order to enforce the agreement. If there is not, the father should also go to court to ask for an order to enforce visitation.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Can I be abused of kidnapping if the mother got arrested for domestic battery against me? Child is with my mom in Ga

I’m from Ga living in FL and my mother has offered a safe place for my child to go seeing as how the mother of my child got arrested yesterday for violence against me and do not want to be risking it anymore around my child in the same house as well with our names on it. She is now bonded out and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 9, 2021

I think you mean 'accused of kidnapping". She could accuse you, but it's extremely unlikely that anyone will take the accusation seriously.

2 Answers | Asked in Divorce and Family Law for Florida on
Q: My husband cheated on and we have a child. Just looking for advice on how to go about stuff

We have a mortgage, cars, a boat, joint bank account and an 11 month old child.

Laura E. Kenney
Laura E. Kenney answered on Oct 8, 2021

Good question and first let me say I am sorry for what you are going through. Florida is a no fault state when it comes to infidelity and the divorce process but infidelity can become relevant if the unfaithful spouse used marital funds to conduct the affair. Feel free to reach out for a... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: My ex wife in Florida won't get my 12 year old son vaccinated. His 17 year old brother just died from COVID last month.

I live in Missouri. How can I get him vaccinated? Can I get custody? Can I at least get him vaccinated?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 8, 2021

You would have to apply to the court which awarded his custody to your ex wife. You would ask that the court order her to get your son vaccinated.

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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Florida on
Q: I am looking for a divorce lawyer, family law,and domestic abuse for my niece. She lives in Port St. Lucie Florida.

My niece has 3 girls and is married to a man that has been abusing her and the girls for years. She and the girls are finally safe living with her mother in Port St. Lucie Florida! This man has restraining orders against him from his own mother and father, and now sister. I need a lawyer to help... Read more »

Laura E. Kenney
Laura E. Kenney answered on Oct 6, 2021

As a former prosecutor who specialized in domestic violence crimes I am well aware of the complexities facing a woman in your niece's situation. I am glad to hear she has an injunction protecting her and the children. Divorces with family violence must be carefully navigated. Please contact... Read more »

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I'm not the one with the case...my current boyfriend is and he's paying child support and back child suppprt

However she doesn't work eventhough I got her a job twice at my job and is currently living with us without her child... so he is essentially giving her money for a kid she doesn't live with and on top of that she currently resides In our house

Laura E. Kenney
Laura E. Kenney answered on Oct 6, 2021

In order to guide you in the right direction, I would need a little more information about the child and where they are currently living. Child support can be modified through the Courts with a showing of a substantial change in circumstances. Feel free to reach out to me through my profile for... Read more »

3 Answers | Asked in Family Law and Child Support for Florida on
Q: How can I serve papers to a realtor company if it’s all virtual. There’s no physical address, can I send via email?

I am trying to get financial records, dad is a realtor and hiding money. I would like to subpoena so that I can have records for child support court

Rand Scott Lieber
Rand Scott Lieber answered on Oct 5, 2021

If it is any sort of registered business then you can look it up on sunbiz.org

As a business entity you are required to provide a physical address and a registered agent to receive service of process.

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