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Florida Family Law Questions & Answers
2 Answers | Asked in Family Law for Florida on
Q: What rights does a grandmother have to her grandchild in Florida if her son- father of the child was killed?
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 3, 2022

A grandmother can always petition the court for custody or visitation rights of a grandchild, as an “interested party”. If your son was killed on the premises that lacked security, then you could bring a lawsuit as a guardian ad litem for the child to sue for the wrongful death of his father.

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1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Hello i signed a notarized paper only to give guardianship of my child no court involved can I grab my child when ready
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 28, 2022

If no court was involved, the "notarized paper" you signed probably only gives the so-called guardian the right to take care of the child as long as you agree. It would be revokable, in other words. If that is the case, you could resume physical custody whenever you want.

1 Answer | Asked in Family Law for Florida on
Q: I gave my sons grandmother temporary guardianship and I would like to revoke it.
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Oct 28, 2022

You do not need to do anything formal to revoke Temporary Custody granted under Chapter 751 of the Florida Code if it was "concurrent". You can simply make a request in writing. If it was "not concurrent", you must file a Motion to Reopen the Case in order for the court to... Read more »

1 Answer | Asked in Family Law and Child Support for Florida on
Q: Wanting to ask if you're close to the ending of a family court case, all needs to be done is the proposal and

Child support agreement.The mother lawyers are being rude, won't answer any questions due to the missing of one payment the price is ridiculous so I am wanting to ask if i we can continue the case with out the lawyer they have already because they put into withdraw. Would the mother be able to... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 25, 2022

No person is required to have a lawyer to pursue a divorce case. The question that you have asked is very broad. My recommendation is to speak with a local family lawyer for more specific advice. Look for someone with a free consultation.

1 Answer | Asked in Family Law and Divorce for Florida on
Q: How can I get my personal belongings back from my husband?

My husband and I agreed to separate. We are still married. I took what few personal belongings I could, and he agreed that I could come back for the rest of my belongings when I was able to get a moving truck. This was supposed to be immediate, but every time I was able to come get it, he'd... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 25, 2022

It sounds like you need to go to court. You say that the two of you have agreed to divorce. You are going to need to file a divorce with the court. At that point you can ask the court for help with getting your personal items returned. Your other non-court option would be to contact the police and... Read more »

1 Answer | Asked in Divorce, Contracts and Family Law for Florida on
Q: Statute of limitations on a car that was never repossessed. Ex husband was ordered in divorce to payoff and sign to me

Recently found out he stopped paying on it several years ago and that repo was looking for it then. My question is what shall I do about this situation. I did contact finance company when I found out and the person was not very informative but casually said someone will come get it next week. That... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2022

You have raised two separate legal issues. Regarding the divorce agreement, you can return to family court and pursue your ex for the value of the car that was never paid off. Regarding the repo, that is an issue between the finance company and whoever's name is on the finance documents. If... Read more »

1 Answer | Asked in Divorce and Family Law for Florida on
Q: If life insurance was a part of your divorce and your ex souse dies can a fiduciary change the beneficiary?

No modifications of the divorce what so ever were ever put through to the court.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 24, 2022

Life insurance is a contract with the life insurance company. From the divorce case you need to read your final order or agreement carefully to see what the requirements were. If the spouse has already passed away then the life insurance company will do whatever the contract said. Beneficiaries... Read more »

1 Answer | Asked in Family Law for Florida on
Q: Can you be served notice of hearing for restraining order from a different state via text message or email?

My husband served me with divorce papers last Monday. He lives in Washington State and i have moved here in Florida a week and a half ago. I just received a text message informing me that a restraining order will be heard against me via Zoom tomorrow.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 21, 2022

You would have to look at the rules from the other state. In Florida, personal service is required, meaning a person hands you the papers. You may want to consult with a Washington attorney about this issue.

1 Answer | Asked in Family Law for Florida on
Q: In New Jersey can I get a Noncertified copy of someone's marriage certificate?
Rand Scott Lieber
Rand Scott Lieber
answered on Oct 20, 2022

You need to look online. You will need to know the county and/or judicial circuit where the license was issued. Marriage licenses are public records in Florida.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: I want to legally recognize my son, give him my last name on his birth certifiDoes his mom need to be okay with it this?
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Oct 19, 2022

Yes. When adding father's name to the child's birth certificate, both parents must consent. If the mother does not consent, you can file a petition to establish paternity. It will be granted after providing genetic samples proving you are the biological father of the child. The court will... Read more »

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1 Answer | Asked in Family Law for Florida on
Q: My children's father is currently homeless, and I want to know if I can keep my children from spending weekends with him

He currently gets them every other weekend. He has been staying at a house that his girlfriend is renovating for an investor, which is over an hour away from their school and activities. The house is under construction, and there is only one bedroom where 4 teenagers (my 2 kids and his... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 19, 2022

It is always appropriate to put the safety and wellbeing of the children first. However, you should also file something with the court explaining your concerns as to why you are preventing the timesharing. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law, Immigration Law and Child Custody for Florida on
Q: Establishing parternity 14 years later.

My son was born in Florida while his mom was still married to another man, how can I establish paternity?

My son, his mother and I live abroad now.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 19, 2022

Based on Florida law you cannot accomplish this without the cooperation of the man that she was married to at the time of birth. However, since none of you lives in Florida the court here will not have jurisdiction (the ability to decide your case). You may not be able to do anything before you... Read more »

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Does a custodial parent (court ordered) have to continue providing/ maintaining their child past 21 years old?

Initial decree had father/non-custodial, 4 years later father got court order custody. Child left back with non-custodial parent/mother (never changed court order), child left at 19, now is 21 demanding continuation of child support to the custodial parent/father.

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 18, 2022

You need to carefully read the original order and what it says about termination. In Florida child support ends at 18 or high school graduation. If your order is from another state it may extend child support to 21. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: My son was adopted by a family friend 12 years ago and I just found out it was fake and fraudulent the entire time

When DCF came to me out of nowhere and asked if I can take him cause the family that has him cant handle him. I have the adoption papers as well. I haven't seen my son since he was 1yrs old. I could've had my son this entire time.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Oct 11, 2022

Contact a lawyer as soon as possible to know if you can still move to reverse the adoption.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Husband wants to adopt my child whose biological father is no where to be found. What can I do?

Living in Florida. I have a child that is not my ex husband's, but the child has his name by default ( as he did not physically sign the birth certificate) been divorced since the child's birth...and we've been out of communication ever since. Fast foward 10yrs, my now husband wants... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Oct 11, 2022

Florida’s adoption law requires that the consent of both parents be given before a court can make an adoption final.

If one parent does not consent to the adoption, the court will only make the adoption final if it finds that:

✅ The non-consenting parent is unfit

There...
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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Timesharing plan never made legal with court and the mom won't follow through and set a court date been a year now

We were never married and she just moved out last month. She wont set a mediation or court date and its been over a year and im stuck in limbo. They say I can't do anything because she was the petitioner. Can I just have her plan thrown out and started over with a new petition by me or what... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Oct 6, 2022

To ensure your child's safety and well-being, you must establish a timesharing plan with the court. You should consult with a family lawyer to determine the best way to proceed with your case.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: I receive child support payments. If I am able to pay off a car loan. Would that change the amount of support I receive?
Rand Scott Lieber
Rand Scott Lieber
answered on Oct 6, 2022

Child support is based specifically on each parent's income. Unless paying off the loan will increase your income (the amount of money you earn, not spend) then there will be no change. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal for my aunt to go into my home without permission and go thru all of my things? I’ve only got 1100 left

And it’s mine, currently the home is technically still hers, so I don’t know if there is anything I can do about my aunt going into my home without permission. The home is in Texas btw

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 5, 2022

You will need to repost your question with some more facts, such as whether there is a lease, what does "technically still hers" mean and 1100 what?. You will also need to repost this to a category for Texas. The laws vary from state to state.

1 Answer | Asked in Family Law for Florida on
Q: Do I have to disclose finances before paternity is established
Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Sep 29, 2022

Yes. You will have to comply with mandatory disclosure. You need to fill out the financial data to determine future support.

1 Answer | Asked in Family Law for Florida on
Q: My case was Ordered to Private Mediation. It is stated that "within 10 days the PARTIES may agree upon a mediator".

My ex husbands lawyer chose the mediator with out asking if I agreed. I was unhappy with the decision. This same mediator had previously not conducted mediation appropriately. He was giving me bias awnsers such as "Well Judge --- won't go for that. He never does." I than spoke with... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 27, 2022

I agree with Mr. Minnick, but don't think that the mediator saying that the judge wouldn't go for something indicates that the mediator is necessarily biased.

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