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 Child Support for Florida on
Q: I reside in Florida with my two minor children. The father of my children resides in Puerto Rico.

How do I enforce child support? Previously, I tried to put him in child support at no avail. I have even provided his address and SS but still I am never entitled to anything including health insurance

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 1, 2023

Have you ever been to court for paternity? You need a court order to pursue child support. The father can be served in PR and child support can be enforced in PR. See if your local jurisdiction (court) has a child support enforcement office. They normally help you for free. Otherwise speak with a... View More

1 Answer | Asked in Arbitration / Mediation Law and Family Law for Florida on
Q: Is it acceptable for an attorney after being hired on a family matter take over 2 years to even submit docs to see judge

I hired an attorney who up till this moment I have yet to see the judge. I just wanted representation the law is not exactly on my favor in my state for being a grandparent. But still they took my funds and said they can at least try if that was OK which for me it was. So now I'm wondering was... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 31, 2023

This sounds like an issue between you and your attorney more than a legal issue. Make an appointment to see your attorney in person and find out what is happening. Grandparent rights in Florida is a difficult issue but if you have had the children for seven years that will definitely work in your... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Libel & Slander for Florida on
Q: when a parent has been served with a summons along with the paperwork mentioned below what paperwork would the other....

parent have to turn in in order to start the process in getting the minor child back? Paperwork included in the summons was a verified petition for sole custody of minor child and modification of child support, notice of related cases, notice of social security number, UCCJEA and notice of... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 30, 2023

You need to read the verified petition for sole custody of minor child and modification of child support and answer each numbered paragraph ADMIT or DENY. After you do that then a hearing can be scheduled on the merits. At the hearing you can present your evidence through testimony and exhibits.... View More

1 Answer | Asked in Family Law, Real Estate Law and Tax Law for Florida on
Q: Are taxes owed on a house after a quit claim deed is filed if there is no transfer of assets?

I am filing a quit claim deed so that I can relinquish my rights to my home with my future ex wife. Will there be taxes involved?

James Clifton
PREMIUM
James Clifton
answered on Mar 29, 2023

No transfer tax is due on a deed between spouses or former spouses pursuant to a dissolution of marriage when the real property is transferred following the divorce and the property was their marital home or an interest therein at the time of divorce. If you are referring to Federal income tax... View More

1 Answer | Asked in Family Law and Divorce for Florida on
Q: Do I need to fill out family law financial affidavit for uncontested divorce?

Husband trying to divorce me. Says uncontested but he clearly is making it an issue. Threatening contested divorce if I don't split 5050 on car. Marital Settlement Agreement states Automobile is not joint and sole responsibility of that on the title (me)

But arguing with me we need to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 29, 2023

A financial affidavit is required if there are children or if there is an alimony claim. If you are, in fact, arguing over assets or liabilities then a financial affidavit is a good idea. If the case is uncontested with no children or claim for alimony then you can proceed without a financial... View More

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: My bf bought me a house he put my name only on deed the agreement was to pay the house bills which I’ve been doing

Wants to add his name to deed after few monthes take me off where do I stand ??? I do not want to be out o. The street !!!

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 28, 2023

No one can make you sign a deed but you will face a few problems if he tries to sue you for the equity in the house or he has a mortgage and stops paying the mortgage. You should consult with a real estate lawyer and bring any documents you have regarding the purchase of the house and the deed.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: What options are available to reduce/remove child support when the child is now living with me?

Child support was filed in West Palm Beach currently reside in Jacksonville

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 26, 2023

You need to return to the court that issued the child support order and notify the court of the changes that have occurred since the last order was entered. Changes in timesharing (where the child lives) and changes in the parent's incomes are valid reasons to modify child support. Child... View More

1 Answer | Asked in Family Law, Probate and Estate Planning for Florida on
Q: Hi! My sister received a check from UBS made out to *** <her mother's name> TRUST ***

and then on line 2, the name of her mother's deceased husband as "TTEE" and then my sister's mailing address below that. Can she deposit this check?

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2023

Any check can be deposited. You just need an account in the name of the trust. If you do not have such an account, then you will need to open one. In order to open one you will need a taxpayer ID number for the trust. You are probably also going to need an updated certification of trust. My best... View More

1 Answer | Asked in Family Law for Florida on
Q: How is a declaration letter and evidence submitted for a modification of a parenting plan in Florida?

I am wanting to include a declaration letter and evidence but I'm not sure how or when that is supposed to be filed. Is it filed with the modification of parenting plan or submitted after it's filed? Is the evidence supposed to be explained in the declaration letter?

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 21, 2023

I do not know what a declaration letter is. However, normally you file a motion outlining what you want from the court and why. Evidence is not submitted with the motion but presented to the court later at a properly noticed hearing. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My mother in law has temporary guardianship of my my two little girls they closed my case but my mother in law dead

The grandmother who had temporary guardianship of my two little girls passed away yesterday what do I need to do now

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

You need to return to the court that issued the guardianship order to see who is next in line. If you are willing and able to assume custody then you can present your case. Speak with a local family lawyer who specializes in guardianship for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: My sister has guardianship of my son but has left him with me for the last 6 months under my care and has cut contact

The court still thinks she has him in her care she has kept them updated with lying under oath and now I'm receiving papers saying until I challenge her guardianship I cannot have contact with my son but I have him living with me and am 3000 miles away?

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

You need to return to the court that issued the guardianship order and explain what has happened. Speak with a local family lawyer that handles guardianship cases in the jurisdiction where the order was issued for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: When filing a divorce in Florida

In Florida can you tell me what forms I need to print out to file a divorce?

We have 6 children together, yet do not have custody of them...do we still need to add them in divorce?

Also, with dents or 401 k or anything obtained how do we go about that? Is there any way to find out... View More

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

You are asking questions that are a little complicated for an online answer. If you do not have custody or financial responsibility for any children then they probably do not need to be included. As far as assets, part of the divorce process is a mandatory disclosure by each party of what they... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: Have joint custody with my wife and my 10 yr old son visits me 4 days a month,can we share a 1 room if each has own bed?

We live in Florida in mom's two bedroom and my wife says it's the law that he has his own room at 10. Currently we have one room to share, separate beds and I don't have any visitors to my mother's home. We have raised 2 very successful daughters, but since our divorce 2 years... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 16, 2023

There is no law that says a 10 year old must have their own bedroom. The legal standard is "best interests of the child." As long as you can show that you have a safe and healthy environment for the child you are meeting your obligation. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: What about filing an emergency jurisdiction

Custody issues in TN but live in FL now

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 15, 2023

The UCCJEA gives a court (and State) jurisdiction after a child has lived somewhere for six months along with permanence. Meaning there can be no plan to return to TN. Enroll in school in FL. Get a pediatrician in FL. Etc. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law for Florida on
Q: what Florida form is used to modify a parenting plan if the other parent is homeless and on drugs?

The other parent has failed to follow the court order and is now showing up to my daughter's school to take her on days that aren't his. He has not been able to provide a stable and safe home for her. He is inconsistent and tells my daughter negative things about her family on both sides.... View More

Pamela J. Fero
Pamela J. Fero
answered on Mar 15, 2023

You can visit the local court to get help finding the applicable form you can use and get guidance on what best actions you can take to protect yourself and your children from your ex. The issues you mentioned are serious. You should act now before ex makes more serious issues that will greatly... View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: ex parte to return with child to tn from fl. Not official been served or notified. Would they show mid of night to get ?

the mother, my fiancé and I live in FL for 4 months now. The daughters father who has not seen her in over 2 yrs filed several motions and apparently already has an order for us to return to tn and give him child. Are cops going to show up at my door? Help. No extra money. Scared to death. She is... View More

John Michael Frick
John Michael Frick
answered on Mar 15, 2023

I am assuming from your question that there is a custody order that was either issued by a Tennessee court or was registered with Tennessee as a foreign judgment. I am assuming that the custody order gives the father certain visitation rights.

When you moved from Tennessee to Florida,...
View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: lived in fl for 5 months and child’s non custodial parent gets a crt order in tn to bring them back can it be enforced
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2023

Yes. Assuming that no other court case was filed before now, jurisdiction would be in Tennessee, not Florida. The Uniform Child Custody and Jurisdiction Act (the law in both states) would require that the child has been in Florida for at least six months before exclusive jurisdiction would be in... View More

1 Answer | Asked in Family Law and Libel & Slander for Florida on
Q: I have a temporary injunction on someone . She messaged someone in my family with lies/character defamation

...to cause problems AFTER she was served the stalking injunction. Will the state attorney likely view this as a violation of injunction? (in Florida)

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 14, 2023

If the injunction prohibits "stalking", probably not. Florida Statute 784.048 (2) defines stalking as follows: "A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree,... View More

1 Answer | Asked in Family Law for Florida on
Q: My daughter is heading for an unwanted divorce. Her husband has blocked the money. What's possible? Pensacola FL.

I know there are pro-bono services, but can she somehow tap the marital estate?

He's giving her a $50/week allowance.

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 13, 2023

As a starting point both parties should have equal access to the marital estate. However, this is a legal concept and very often not the reality. She should consult a local family law attorney as soon as possible to protect her legal rights, financially and otherwise.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I believe my wife is hiding assets. Is there a way to find out about spouse's assets without filing for divorce.
Rand Scott Lieber
Rand Scott Lieber
answered on Mar 9, 2023

You can hire a private investigator to research your spouse's financial accounts. 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.