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Florida Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Florida on
Q: If I'm married & separated and we have no court-ordered parenting plan, can my wife take and hold our child at her whim?

While we have no court-ordered parenting plan, we've been operating on agreements for the rotation of our child. Our latest agreement, in writing, was a 2-week rotation. She suggested a 2-month rotation, which I rejected in writing.



In keeping with the 2-week rotation, I've... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2020

No, I doubt a sheriff or other law enforcement officer will assist you without a court order.

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: My ex husband forge my signature on our divorce decree and had some one represent me to get a divorce and claimed we had

No kid together, but we did. Is there a lawyer who would take my case up front and take money after the win?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2020

Attorneys are in general not allowed to agree to contingent fees in domestic relations cases.

2 Answers | Asked in Divorce, Family Law and Landlord - Tenant for Florida on
Q: My wife an i are getting a divorce we were co renting a house she left June 4th has not been back i changed the locks

what are the laws in florida i read 20 day abandonment but what to know what are my options so if she decides to come back an break a window or destroy my stuff

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 26, 2020

You could charge her with criminal conduct, but the police might well figure that since you are still married she could have some sort of defense to the charges. So you should get an order in the dissolution action providing that she stay away from your residence.

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1 Answer | Asked in Criminal Law and Family Law for Florida on
Q: child protection services are bad. They went to the home did nothing and the kids was abused because of it..

child protection services are bad they go out of the house they do a little investigation they leave and then when they leave the kids get beat so why would we call child protection services if the cops aren't doing anything the courts don't care. services are crappy.

who do we... Read more »

Henry George Ferro
Henry George Ferro answered on Aug 25, 2020

This is a website that permits people to ask questions of lawyers regarding a range of issues....If you are looking for a lawyer to represent you may want to call the Florida Bar; or contact a local lawyer.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Florida on
Q: how can I get the bank to stop allowing money from a disabled person be stolen through payment apps? Nobody will fix it.

I am caretaker and poa of my friend who had a massive stroke. His wife divorced him during the incident and made a new account for him and has been taking his money as well as his sister in law through venmo or paypal. I have tried everything and no one can do anything. The bank says call online,... Read more »

Leonard Louis Cagan
Leonard Louis Cagan answered on Aug 25, 2020

Contact the local law enforcement agency and ask that they do a fraud investigation.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Hi, I'm trying to terminate a child support case from another state. I live in Florida, and the support order is from NY

My kids are 23 and 25 years of age, and I'm still being charged for monthly support. How can I terminate a court ordered support case from New York, if I'm living in Florida? Hopefully there's online forms that i can mail to the courts, because there's no way I can go all the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 24, 2020

Call, write, send an email to the clerk of court in New York and ask if there are such forms.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My exhusband is trying to send my kids to live with his mom in a different state for the school year. Can he do this?

He lives in Colorado, I live in Florida, our case jurisdiction falls in Colorado. He has decision making. But he wouldn’t be going with the kids. Him and his fiancé were kicked out so they sent our 2 kids and their 1 child to live with his parents in Kansas for the school year.

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Aug 19, 2020

I'm pretty sure the courts in Colorado would not be ok with him sending the children to live with third parties over a parent. Unfortunately, you will have to get an attorney in COlorado to assist you since I'm assuming that is the home state of the children for the last six months.

Good luck!

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I've been overpaying by $100 for the past 5 years, but I also have been paying the child's mother directly, am I screwed

My husband has a custody agreement where he is supposed to pay $300 a month plus an extra $100 for back payment till the $1500 he owed was paid off. I adore him, but he just does whatever she says because he's scared of her. He didn't realize the $400 was supposed to be temporary and that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 18, 2020

You do not need a lawyer. Your husband needs to call the Department of Revenue and find out the balance they think he owes. Go from there: I he can prove the payments he will be good to go.

1 Answer | Asked in Family Law for Florida on
Q: Can I take my biological children from their biological father and keep them at my residence and not get in trouble?

I want my children to live with me and go to school in my county without getting in trouble. Me and their father have no legal agreement about custody.

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Aug 17, 2020

An unwed Mother is the sole and natural guardian of children born outside of a marriage. Therefore as the Mother, only you have the authority to choose their school and their residence. Once you go to court though, that changes. You may want to try to work it out with the Father. Otherwise, you and... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Florida on
Q: been dealing with support case for 13 yrs with my child’s mom. She has family that works in the system manipulated

Child lives with neither parent yet she seeks child support. Lost my job and I’m a injured vet whom served 7+yrs. original case from Illinois. Mother moved child from Chicago to Arizona without fathers (me) consent or knowledge

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Aug 17, 2020

Your question is unclear. If you need someone to review the order of child support or modify it, since you lost your job, you will need to have someone where the order was initially entered, which from your question was not in Florida. You may want to repost your question in the Illinois section of... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My daughter turned 18 last year Florida revenue closed the case in 2017 why is the st of Georgia unaware of this

Why are they still garnishing my disability check and took my stimulus money when I don't owe them nothing I sent a copy of the transaction history dating all the way back to 2012 showing balance due is zero I believe I'm intitlled to reimbursement from the date of case being closed til now

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Aug 17, 2020

Sometimes, when a child support order is not clear when child support ends, you have to ask the court to end the child support. You may need to get a court order ending the support and addressing the issue of over payments.

Good luck.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: My child support case has been closed since 4-28-17 I'm still paying do I have a case
Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Aug 17, 2020

Having a closed case is not the same as not having a responsibility to pay child support. It's unclear what you mean by closed case. If your child/children have all reached the age of majority (18) and graduated from high school, then you should be done paying. If money is still being taken... Read more »

1 Answer | Asked in Family Law for Florida on
Q: hello, i would like to know how can i change of division on court?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 14, 2020

If you mean how can you change judges the answer is "you cannot."

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Florida on
Q: What can i do?

The judge take my child from me and delivered in teh hands of a sexual offender without the child be attended first to his counsel and set me to have supervised visitation with my child up to 2 times a week. The order was not served by hand, mail or e-mail. The order do not present any steps for... Read more »

Henry George Ferro
Henry George Ferro answered on Aug 13, 2020

You paint a very serious picture...has the judge issued a ruling yet...and what kind of hearing was scheduled and what happened...remember appellate time frames...Although it sounds like any appeal of this case is unlikely...Custody issues are always reviewable...Sounds like something went terribly... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: Can I take my son on the road working with me he is home-schooled

I got a recent job opportunity to travel for work my son has been living with me for the past 4 years his mom pays no child support at all neither one of us have ever went to court for custody my question is can I take my son traveling to work with me his mom is refusing to let me go but I know... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 13, 2020

There is no legal impediment stopping you from doing so. If his mother opposes the plan, her only option would be to bring you to court by the filing of a lawsuit against you. I wouldn't hold my breath.

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1 Answer | Asked in Family Law for Florida on
Q: VOLUNTARY TERMINATION OF PARENTAL RIGHTS - LAWFUL TIME-LINE PROTOCOL

1.) If a Parent files a Voluntary Termination of Parental Rights and then further amends the petition 4 months later, and

2.) If the next hearing was 42 days later and then the Adjudication Hearing was then 187 days (3 days over 6 months) after the voluntary petition was amended:... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 12, 2020

I am unable to respond to this question without having an opportunity to review all the pleadings and talk to your lawyer. I will say this: Rather than relying upon statutory language that you think might "control" this important proceeding you should ask the Judge what s/he wants to do.... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Modification/Best interest factors

In 18’ I gave my ex wife sole legal and sole physical custody (supervised visitation to her discretion not to exceed 10 hrs a month) of our daughter. At the time I was going through some Legal issues Of DV with my girlfriend, hence agreeing to give my ex all that power. I tried to terminate that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 11, 2020

The answer to this question falls under the heading of "Never Ask-Never Get" or "It Cannot Hurt to Ask." Suggestion: If you were represented by a lawyer in the divorce you should contact them and pay them to help you get what you want. Why? Because I can read your latent anger... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Am i able to retrieve money ex owes per court decision in divorce court?

Divorced stated ex husband had to pay balance of 15,000. From money owed on home to me by our sons graduation (june 2020). He did not pay stating he kept son full time senior year so he dont have to pay that meaning (refused to have him come visit me). Can he take that money owed for home?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 10, 2020

No, but you will have to contact your divorce lawyer to help you enforce the original order.

2 Answers | Asked in Family Law and Child Support for Florida on
Q: What do I do if recommended order from a magistrate had wrong information?

The information used to calculate back support did not have the correct overnights. How do I proceed to try and have it corrected?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 10, 2020

File a motion telling about the mistake.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex is threatening to get my daughter taken from me because I allowed him to see her after courts said not to.

In 2012 my daughter was taken into foster care because my ex was abusive to me. They said if I can't protect myself I can't protect her. I was eventually reunified after doing victim's classes, parenting classes ect. He did nothing, so was never reunified. He went to prison shortly... Read more »

B. Elaine Jones
B. Elaine Jones answered on Aug 10, 2020

Your ex is most likely taking you to court in the family law division. The Court that entered the Order reuniting you and your daughter and denying your ex contact with you daughter was the dependency court. That case is most likely closed at this point. While it was not a good idea for you to... Read more »

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