Get free answers to your Family Law legal questions from lawyers in your area.
Sister's husband, whom I do not trust, has been meddling in my deceased mother's house sale. Mom did not leave a Will but she instructed the monies be divided between all 4 children. Sister is remainderman as it seems at some point someone advised them to put the house as a Life Estate.... View More 
answered on Jul 16, 2022
If your mother conveyed a remainder interest to your sister, while reserving to herself a life estate, you would in theory not be entitled to anything. Consult with an attorney.
Dated 7 years and married for 3 months bought the house while we were together with my money and under my name only, in 2018. He paid for mortgage while I was pregnant 2 kids. Now we are splitting “infidelity” and he wants me to sell my house and for me to give him part of profit from house .
answered on Jul 12, 2022
Regardless of the name on the mortgage and the deed, he has a marital interest in the house for the time that you were married.This can be a complicated calculation based on the facts that you have provided. For example, you would be entitled to recover your down payment if it came from your... View More
I was charged with a DUI offense in November of 2020. I had 2 minors in the car, which caused me to be charged with child endangerment. That charge was dropped because this was my first offense. I didn't have to serve any jail time, I did have my licensee suspended. I did my community service... View More
answered on Jul 12, 2022
Because the DUI involved minors in the car you will definitely have to convince the court that drinking is not a problem for you. Hopefully it was an isolated incident. It will not matter that the charge was dropped. The legal standard is what is in the best interests of the child. You can also... View More
I received a document with this title and I don’t know what it means.
answered on Jul 12, 2022
An online translation tool yields the following: "motion requesting order to summon by edict and authorization to question by edict?" Apparently, someone wants a summons issued and an order authorizing discovery.
I have full custody of my son. I had housing issues and my parents would not allow me to live with them but offered to take in my son. They had him for several months and now my housing situation has changed. I went to pick him up and they said they plan to file custody papers because they have... View More
answered on Jul 11, 2022
Most definitely, your parents cannot buy parental rights. Grandparents can file temporary custody/guardianship as long as they can prove that it is for the child's best interest. But if their offer is made known to the court, it would end badly for them.
answered on Jul 7, 2022
You do not mention the relationship of the sellers. If the parties are married then the property can be divided pursuant to a divorce action. If the parties are not married then you would need to pursue the Puerto Rican equivalent of a partition action. All of the above is based on Florida law. You... View More
So my wife and I have been separated for two or so years. We still had a great relationship, just had to take care of our own issues before we would give the marriage another chance. The three children we have were living with her full time, but I also had them a decent amount of time as well. We... View More
answered on Jul 7, 2022
Your wife needs to notify the child support enforcement agency that you are together. This inquiry was probably triggered by the snap benefits.
I have a final order for dissolution of marriage because of a default judgement. I was never served and motioned the court to vacate and it was denied. Best part that I was never married with the person because it is a void marriage. She was still married when we got married. Motioned the court to... View More
answered on Jul 7, 2022
Your question answers itself: you didn't appeal in a timely manner.
My biological parent has caused me a lot of trauma mentally and I was wondering if I can choose to live with my step parent because I am old enough to choose (16 years of age)
answered on Jul 7, 2022
Legally it will be your parents or the court who decide where you live. The step parent biological parent distinction will not be an issue because of the adoption. Both parents will be on equal footing. The legal standard that the court will use is what is in the best interests of the child. The... View More
As the question states. This is in FLORIDA I have verifiable proof(multiple documents) the respondent lied. Anyone could do simple math to find the discrepancy. My trial is set for two weeks. What are my options? What motions could I file to get their updated checking statements and also to delay... View More
answered on Jul 5, 2022
You would have to file a Motion to Continue and inform the court that you need more time to complete further discovery to get the account statements that prove the financial affidavit is not accurate. Best of luck to you!
We went to court and he got primary custody because it was in the middle of school year he now left to work out of state and left her with his mother to live .his wife did not want for her to stay in their home. My daughter does not want to be with grandmother and the school year is about to start... View More
answered on Jun 30, 2022
You can file a petition for modification as long as you prove it's for the child's best interest to live with you. Act the soonest.
She recently passed away and he is getting an inherent.He owes me 16yrs of back child support.
My mother has custody however my mother surrendered my daughter to me in 2018 and decided to cut ties with us. she came back into our lives in 2020 only to create more problems for me. Now in nasty custody battle and we have a hearing for next week to see if my daughter would be returned to her... View More
answered on Jun 28, 2022
I really need more background on the case to get an understanding of the nature of the claims being made and the procedural history of that matter. Courts are almost always going to recognize the superiority of a parent over a non-parent. That being said, there are situations such as abuse ,... View More
My son has a smartphone that his mother gave to him without discussion with me. The phone has a lock code that his mother will not share with me and she has instructed the child to not share it with me. Our parenting agreement has no mention of cell phones to guide us. I have parental controls on... View More
answered on Jun 28, 2022
This is a shared parenting issue and may possibly be addressed in your parenting plan under communications. If not it is still a shared parenting issue . You should consult with a qualified attorney to discuss the situation and give a good analysis as to how to proceed forward
Though I am getting my paralegal degree, I haven't reached family law and I'm scared I am going to lose my case and be placed on child support, and even lose my rights to my daughter. I am reaching out because I need help I'm just a full-time paralegal student mom and cashier who is... View More
answered on Jun 28, 2022
You should go to the family law forms website and almost everything is there.
https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms?parentId=669505&sort=form/number%20asc,%20form/date%20desc&view=embed_custom&searchtype=form&limit=50&query=&offset=0
I have a few documents I need from my ex, and 12 questions I want him to answer. In my county we have a printable interrogatories paper, but nothing for the other 2. Not sure how to ask for them, or if there is anything special I have to do. Can I just email my request to his lawyer, or do I have... View More
answered on Jun 28, 2022
It’s a really bad idea to represent yourself. The first place you need to look is... View More
answered on Jun 24, 2022
Contact a family lawyer to know if you can request for a child custody re-evaluation. You will need to proof that getting your child back is in his/her best interest.
My ex fought for full physical custody of our son and I ended up agreeing to it for a variety of reasons. Now, years later, when I have not had overnights with my son since the agreement, she no longer "wants" our son, flew him to my state to visit, and is now refusing to take him back. I... View More
answered on Jun 28, 2022
Sure, you can file a motion for contempt/enforcement. On the other hand, it might be beneficial to consider filing a modification action and pick up some child support along the way. Support should be retroactive to the date she stopped exercising access. Talk to an experienced family law attorney.
answered on Jun 22, 2022
"Child abandonment" is apparently a legal concept in Alabama, and perhaps other states, not in Florida. It's doubtful that you would be prosecuted, if that's what you are worried about.
Good afternoon, my ex husband and I are divorced. We have a daughter together and she spends every other weekend at his house. He has a relationship with a woman that has three kids and all three kids sleep in the same room because she lives in a two bedroom house. Now he is planning on moving in... View More
answered on Jun 20, 2022
The court standard is always "best interests of the child." He does not have to provide a separate room for your daughter at his house. He does need to provide a room that is safe and appropriate for the child. You knowing the other children is not relevant to the court unless they are... View More
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