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Florida Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My son is scared to go to his dad. We have a court order, it is my sons dads today to have him.

My son told his dad he has a problem with the drinking at his dads, his dad told him there’s no drinking though. My son told him he doesn’t want to go to his house and his dad told him “to bad there’s a court order “

WE HAVE A PARENTING PLAN SORRY NOT A COURT ORDER.

Pamela J. Fero
Pamela J. Fero
answered on Aug 12, 2022

Do whatever it takes to encourage your child to maintain a relationship with his father. Inform your ex that his behavior affecting your son and try to work things out. If all efforts fail, consult with your attorney to determine the best way to proceed.

1 Answer | Asked in Family Law for Florida on
Q: Can my ex withdraw my child from school and then Reenroll him just to reflect his address for bus stop purposes?

My ex husband has lived at 3 different addresses over the past year. I have lived in the same home since 2017 and my son takes a bus to and from school to my house and has for 3 years. His father just moved back into the area and wants to change my sons primary address on his records to reflect his... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 12, 2022

Read your parenting plan carefully. There is a section that says whose address is used for school purposes. If it is yours and he changes it then you can go to court with a motion for enforcement and contempt. If it is his address or it is unclear then you must return to court for clarification.... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Florida on
Q: How do I ask a court to modify a already existing parenting plan
Pamela J. Fero
Pamela J. Fero
answered on Aug 11, 2022

If both you and the other parent agree to the modification, you can speak with your respective lawyers and have them draft a new parenting plan that you can submit to the judge for approval.

If the other parent disagrees, you can file a petition for modification. You must convince the court...
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1 Answer | Asked in Family Law for Florida on
Q: My son's father moved out of state, do we still follow the parenting plan that was in place before he moved?

Also will he have to pay child support?

Emily Konicek
Emily Konicek
answered on Aug 11, 2022

That would be grounds for filing for a modification of timesharing/parenting plan, as it would probably be impossible to follow the previous schedule. Child support and travel expenses would also be addressed in the modification.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Is there anyway to get a temporary injunction for protection against domestic violence with minor children lifted?

We lived together, she left and then this happened. She’s already broken windows and super glued my gas cap shut.

Pamela J. Fero
Pamela J. Fero
answered on Aug 9, 2022

The respondent can file a motion to modify or remove a restraining order if he/she proves that the circumstances that granted the injunction no longer exist. It's up to the judge's decision to remove the injunction. If the judge finds the petitioner is no longer in danger, the injunction... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: I loaned my mother $43,000 @ 7% interest per annum secured by a promissory note, payable upon her death.

I loaned my mother $43,000 @ 7% interest per annum secured by a promissory note, payable upon her death.

The agreement between us was that her house would be use to pay the bulk of the note. When she died we were advised by the estate attorney that the Florida Homestead law would prevent... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 4, 2022

The short answer (and my legal advice) is to follow the correct advice given to you by the attorney probating your mother's estate because the estate attorney will fight you in court over this issue--using your mother's money.

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1 Answer | Asked in Family Law for Florida on
Q: My wife and I are looking at drawing up a postnuptial agreement, is there a template to follow that would be valid in Fl
Rand Scott Lieber
Rand Scott Lieber
answered on Aug 4, 2022

Obviously you can Google something but there is no form or template for this. Assuming that you want the agreement to be binding and enforceable I highly recommend that you speak with a local family lawyer for more specific advice.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: My friend and her husband claim her mother on there taxes as a dependent. She wants to get a divorce and he says that

She cant because she is claimed by them. Is this true? Is my friend trapped?

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 3, 2022

What you are describing is completely false. Florida is a no fault state and you can get divorced with out restriction as long as you have lived in the state for more than six months. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: Recently the father of my son passed away. A letter was found in his apartment that said he owed child support.

How can I go about collecting any amount paid into that support?

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 2, 2022

You can contact whatever agency was collecting the support. Big picture, in Florida, it is the Central Depository or State Disbursement Unit. If, in fact. they had collected any child support they should have tried to forward it to you (assuming that you are the obligee) already. I do not think... View More

1 Answer | Asked in Child Support and Family Law for Florida on
Q: I'm paying my back pay child support can I get a passport

At least a temporary or limited passport

Rand Scott Lieber
Rand Scott Lieber
answered on Aug 1, 2022

If child support enforcement has put a restriction on your passport then you will need to file a motion to lift the restriction. If there is no restriction then you can get a passport as you normally would. There is no such thing as a temporary or limited passport. Speak with a local family lawyer... View More

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Florida on
Q: Can the Principal be/ sign as his own witness on a General POA

My Dad’s “daughter” downloaded some generic General POA form for my Dad January 31 2011 and he was suffering from dementia & a brain aneurysm 10yrs prior. I finally got a copy and it shows him as the Principal ( all her writings not his, including writing his name ) and he also signed... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 28, 2022

No, Florida law (and Florida Statute 709.2105 in particular) requires that powers of attorney have two witnesses. Clearly the principal cannot be the witness to his own POA.

How was it "upgraded" to a durable POA in 2021? Did he again sign it, were there again two witnesses,...
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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Pension after a divorce and remarriage.

The papers from our divorce state that he was required to sign over his pension to me if he remarried before our youngest was out of high-school. He did remarry before that happened but never had the papers sent. I haven't questioned it because it is part of our divorce and should be honored... View More

V Julia Luyster
V Julia Luyster
answered on Jul 26, 2022

I would not wait. If you were to get his pension upon his remarriage before your child graduated from high school and there is a final judgment and a signed agreement, and those are the facts. You should ask him to sign over the pension. If he does not you should move to enforce the final... View More

1 Answer | Asked in Family Law, Landlord - Tenant and Small Claims for Florida on
Q: I need to know if I have any options and should I move out of the house?

My grandfather got me an house to live in. I have paid the mortgage for over 7-10 years. My grandfather died and my father took over the house. He refinanced in his name. He was able to do that because his siblings signed over the rights only if the house remained mines. The mortgage on the house I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2022

It looks like your father can, if he knows what he's doing, evict all of you, including your boyfriend. The two of you probably should start looking for a different place to live.

1 Answer | Asked in Divorce and Family Law for Florida on
Q: I'm looking for an affordable lawyer. My ex and I have split and I need a divorce. Custody will most likely be an issue.

We have 3 children ( 11, 9 & 4), and he has a daughter (17y) from a previous marriage. There has been a history of verbal abuse and allegations of him propositioning the 17 year old daughter. It was investigated by dcf and no charges filed, but I do have a video recording of him admitting to... View More

Michael Ferrin
Michael Ferrin
answered on Jul 23, 2022

Contact our office to discuss our payment options.

1 Answer | Asked in Family Law for Florida on
Q: What can I do to help my niece and nephew (twins) 15y/old in a guardianship if they are begging me to help them

My older sister past away in May of 2021 her two children twins my niece and nephew 15 y/old at the time lived with their mom and my mom their grandmother. In July of 2021 with no choice my younger sister had them come live with her. My younger sister has two kids of her own and her boyfriend her... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 22, 2022

You need to schedule a consultation with an attorney that specializes in dependency. This is a complex matter that will require expertise in dependency and guardianship.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Florida on
Q: Im pretty sure the documents are through the court originally. When the mother got a few years sentence.

The court ordered DNA when she wanted child support money. He is still not on birth certificate, but now 13 years later and his sentence is 40 years. His half sister found him in prison when their father died. Didn't even know of each other. Now she has hired him a lawyer in prison and he... View More

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

If the father is in prison for 40 years then I am not sure that I understand your concern. Please speak to a local family lawyer that specializes in dependency for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Supreme Court Parenting Plan form for Florida. Extracurriculars, childcare, and transportation

1. If you could can you please interpret the definition for extracurriculars? What type of activities fall under the definition?

2. Childcare, does this mean schooling or does it also include sitters or family members watching the children?

3. Transportation, does one parent have... View More

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

All of the answers rely on common sense and agreement between the parents. If the parents do not agree on any particular issue then the remedy is to go to court.

1. An extracurricular activity is outside of school like soccer or music lessons.

2. Not schooling but it could mean...
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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If my mother has had temporary custody of my kids for the past 6 years, can she move without telling me where?

What can I do to find out what my rights are as the mother?

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

Step one is to look at the court order that gave your mother custody. That document should spell out your rights regarding the children and what you need to do, if anything, to have custody returned to you. Speak with a local family lawyer for more specific advice.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Florida on
Q: How to approach a divorce with wife when she has walked out on me and our kids won't hardly even speak to children

Has taken most of belongs from home. Has vehicle at know drug house and tag in my name. And says car has been towed. Lied to issue a temporary injunction on me. Is clearly on drugs. And a lot more that has happened

Pamela J. Fero
Pamela J. Fero
answered on Jul 18, 2022

Can you locate your wife or not?

You can file for divorce by publication if you have exhausted all efforts to locate your wife. You must prove that you made genuine efforts to locate your wife but turned to be fruitless. Prepare a dissolution of marriage notice for publication and get it...
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1 Answer | Asked in Family Law and Social Security for Florida on
Q: I was born in Philadelphia ps in 2001 at home. I have 12 siblings that have an ssn but I do not.

I am wondering if there is anything else I can do. I applied many times already. And almost lost hope. I hope I can get help

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 17, 2022

The best place to find out about the evidence requirements to obtain a Social Security number and card is at 20 CFR 422.107. See https://www.ssa.gov/OP_Home/cfr20/422/422-0107.htm. To obtain an original Social Security number card, you must submit convincing evidence of:

1. your age,...
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