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Florida Family Law Questions & Answers
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
Pamela J. Fero
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... View More

Pamela J. Fero
Pamela J. Fero
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... View More

Pamela J. Fero
Pamela J. Fero
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
Pamela J. Fero
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... View 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.

1 Answer | Asked in Family Law for Florida on
Q: Can I throw out my exes things that he left when I kicked him out? He said he will come back for them and hasn’t.

I gave him 30 days to get out which are up on Friday. He moved over a week ago and left stuff at my house. Some is junk some is worth value. Can I throw it away without getting into legal trouble? For 3 days he said he would get it and hasn’t. Now he ignores me when I ask. His family won’t... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 27, 2022

Unless you want to continue this acrimonious relationship, I suggest you hold on to the stuff for at least 30 to 60 days and WRITE LETTERS to your ex and to his family just to have written proof that you did not steal anything.

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If a child has been living with grandparents, but there is no legal custody arrangement, can grandparent deny the mother

If there has been no court ordered custody or guardianship arrangement, Can a grandparent, who has been caring for a child for an extended period of time, deny the mother the ability to take the child back? And can they make rules denying the parent from having the child stay with said parent... View More

Pamela J. Fero
Pamela J. Fero
answered on Sep 26, 2022

If there is no court ordered custody arrangement, there is no reason the grandparents keep the child from you, unless there are proofs you are unfit to care for the child and they appeal for custody for the child. Speak to lawyer to know how best to proceed with your case.

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1 Answer | Asked in Family Law for Florida on
Q: Can a wife kick her husband out of the house if he has committed adultery in the state of florida? He signed a prenup.

Deed is in her name and her mother's. They have been married 4 years

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 26, 2022

I am assuming that you and your spouse live in Florida in order to answer this question. You can file for divorce. You can file for exclusive use of the home, meaning that he would have to leave the house. However, adultery is not an "automatic" reason for one spouse to be "kicked... View More

1 Answer | Asked in Family Law, Child Custody and Military Law for Florida on
Q: Will a POA suffice so I can take over my husband’s coparenting agreement while he is in school for his new assignment?

My husband, who is in the Air Force, is leaving for about five months to tech school to cross train to his new AFSC. There is a parenting agreement in place for my stepdaughter and right now we have her every other weekend (Friday - Monday). Will a military POA suffice so I can take over my... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2022

The Judge was the ONLY person who established your husband's visitation rights, and the Judge is the only person who can answer this question. Do NOT rely on a "military POA." Ask the Judge.

1 Answer | Asked in Family Law and Child Support for Florida on
Q: how can I protect my new spouse from my child support case in Puerto Rico?

my ex girlfriend may open a child support case on me if she finds out i am newly married. Can my pre nup in Florida protect my new wife from my ex trying to add my new wifes personal income for child support case in Puerto Rico?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 23, 2022

The mother of your child cannot force your wife to pay child support in Florida, whether the mother sues in Florida, Puerto Rico, or elsewhere. Child support would be your obligation, not that of your wife. If your ex does file for child support, you and your wife probably should not own property... View More

1 Answer | Asked in Family Law for Florida on
Q: I am divorced over 17 yrs kept the married name but want to change to my Maiden surname.

I have 4 children all over 19 actually the youngest will be 20 this Nov. Who also want to change their last names to my Maiden name. I would like to know how we start. Florida residents. Thank you.

Destardes Moore
PREMIUM
Destardes Moore
answered on Sep 22, 2022

You would need to file a Petition for Change of Name (Adult). The Petition and Instructions can be obtained at the Clerk's office or online. Good luck!

1 Answer | Asked in Family Law for Florida on
Q: The right to first refusal clause. Does it pertain to me as a stepfather?
Emily Konicek
Emily Konicek
answered on Sep 21, 2022

It depends on what your agreement says. If it's silent, then most likely you must ask the other parent first before you are able to watch the child.

2 Answers | Asked in Child Support and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

The mother of my child filed a lawsuit against me for child support money. I haven’t worked in three years due to work injuries and I’m unable to work because of my restrictions. I send my medical files to the department of revenue. I asked them to modify my support payment. Even when I was... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Sep 20, 2022

You must deal directly with the court that issued the child support order. File a motion and explain your situation. Timesharing and child support are not directly related, meaning if one parent withholds the child that is not a reason to not pay child support. You are raising complicated issues... View More

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2 Answers | Asked in Child Support, Social Security, Divorce and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.

Pamela J. Fero
Pamela J. Fero
answered on Sep 19, 2022

File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.

Talk to your attorney to know how best to proceed.

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: I was on child support with my ex husband and he gave me the kids because he no longer could care for them and now that

They are grown he is seeking back child support for the time I had them. What can I do?

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

You need to get a hearing before the court that issued the child support order to explain what happened. You should have returned to court when he gave you the children. Speak with a local family lawyer for more specific advice.

2 Answers | Asked in Child Custody, Child Support and Family Law for Florida on
Q: My decree states 880 per month child support for 2 children. 1 child turns 18 soon. Decree doesn’t state 440 per child.

When my child turns 18, he has graduated HS, will my supposed now be 440 per month?

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

You should speak with a local family law attorney to recalculate your child support for one child. It does not automatically go to half and it could even be lower than half. More importantly, you want to record the change with the court so that you are protected if there is a dispute in the future... View More

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1 Answer | Asked in Family Law and Civil Rights for Florida on
Q: Im sueing a district county how do i serve the lawsuit against a county in a state

Im suing an administrative judge and the county he works, for deprivation of my rights under the color of law, I need to serve a warning of rights violation and a letter of intent to sue to the county but I dont know who in the county i need to have served the summons once I file the lawsuit where... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 16, 2022

You should retain counsel to review your case before you actually file it. Judicial officers and prosecutors have immunity from suit with very rare exceptions.

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