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Florida Family Law Questions & Answers
1 Answer | Asked in Estate Planning and Family Law for Florida on
Q: Before we got married, my spouse and I disclosed our financial assets

and I am employed and make a very good income and I have a son that is a minor from a previous marriage to whom I would like to transfer my assets for his future and I will rely on my income that I am earning now. I am not planning on getting a divorce, but in case my husband and I will get to... View More

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

Read the prenuptial agreement carefully. If in fact it says what is yours is yours then you can transfer it whenever you choose to whomever you choose. You may want to speak with a local family lawyer for more specific advice.

2 Answers | Asked in Family Law for Florida on
Q: My husband and I have a prenup ( that he wanted me to sign 4 days before we got married)

and long story short in the prenup what's mine is mine and what's his is his. He recently put me on the deed of his house ( the one we currently live in) however our prenup says that if I die before my husband, he will be getting a certain amount of $$$ from my estate. How do I avoid for... View More

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

You need to look carefully at the deed to the house and how it is titled. If it is tenancy bu the entireties then he will get the house if you die first and likewise you will get the house if he dies first. A specific dollar amount owed per the prenup will be enforceable regardless of how the house... View More

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1 Answer | Asked in Family Law for Florida on
Q: I have a parenting plan in place in florida. Was wanting to move to Ohio.

Can I move out of state if I continue to pay my child support?

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

You, the parent, can move wherever you like as long as it does not change the child's school or the other parent's timesharing schedule. Otherwise you need to seek either agreement from the other parent or go to court. I am guessing from your question that you want to move and leave the... View More

1 Answer | Asked in Family Law and Real Estate Law for Florida on
Q: My father passed away left the house to me and my brother I have lived here for fifteen years by myself

Now he is moved in the house has not paid anything has not paid taxes is calling the police on me weekly for no reason unfounded reasons is there anyway I can get him out of my house without having to sell it and give him half the proceeds

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

Unfortunately your only legal remedy is probably partition, which means buying your brother out. It doesn't necessarily mean that the house must be sold but he will be entitled to his share of the equity. You can argue and should receive credit for maintaining the house all of the years that... View More

1 Answer | Asked in Estate Planning, Family Law and Tax Law for Florida on
Q: My husband has inherited a house in Tennessee. We have a question about inheritence tax.

The deed to the house is in just my husband and his step-dads name. However there are 4 more siblings. The step dads will states that the house is to be sold and split 5 ways. Will my husband be soley responsible for any taxes due or fees since he is the only one on the deed?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 17, 2022

It appears that you husband and his step-father each have half interest in the property. So what do you mean when you indicate that your husband is the "only one on the deed"; has the step-father died? If the will is admitted to probate, one would expect that the step-father's half... View More

1 Answer | Asked in Adoption and Family Law for Florida on
Q: NC allows for dissolution of adoptions. I have been trying to figure out for 20 years how to be reunited with family

I have changed my name but I want my original birth record and baptismal cert with my family name. The adoption did not work out. Now everyone is dead mom step and dad. For emotional and mental reasons to die knowing I have been reunited with my family with my true Id returned to me. Can someone... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 16, 2022

If you are looking for advice on how to find your biological parents or their relatives, this is the wrong forum for that - it's not a legal issue. Look for organizations that help people with that issue. If you locate your biological parents and wish to be adopted by them, and they are... View More

1 Answer | Asked in Child Custody and Family Law for Florida on
Q: I have permanent guardianship of a minor child in. I want to give guardianship to a sibling in Florida.

What forms and what state do I file?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2022

The you would file in the court which originally awarded you guardianship. It is doubtful that the court has forms for that; you need to consult with an attorney licensed to practice law in that state.

1 Answer | Asked in Family Law for Florida on
Q: My mother and stepfather adopted my brother as an adult. Do I have any legal rights to inherit from my mother ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2022

If she dies with a will, it would generally depend on the terms of the will. If not, your step-father and half-brother would get shares of the estate; so would you.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Florida on
Q: is there a way to evict someone out of a house if they own 50/50 but don't actually help pay for the house & other bills

My wife owns 50/50 of a house with her sister because when their mom passed away, she didn't have a will. Is there any way we can legally get her evicted from the house and ownership of it? She doesn't work. doesn't pay the mortgage, electric, water, etc... we pay all the bills while... View More

Nina Whitehurst
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answered on Jun 14, 2022

The best solution to your wife's unfortunate situation is to her to hire a real estate litigation attorney to file a lawsuit called a "partition action" to force the sale of the house. Your wife and her sister would then split the proceeds. She might be able to convince the court... View More

1 Answer | Asked in Family Law for Florida on
Q: Is it possible to legally ask my children 33 years old to do a DNA test to prove maternity

I have asked them and they refuse to do so. I even sent them a 23andme test kit

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 13, 2022

In family court you can not compel a DNA test on an adult child.

2 Answers | Asked in Divorce, Family Law and Child Custody for Florida on
Q: Which post-divorce motion or form shall I file in order to obtain a court order for my sons passport renewal & travel ?

Greetings,

My name is Linda. I am divorced and am living with my 5 years old son. The divorce occurred outside USA, in Albania and the Albanian Court granted me the custody of my son for raise and education. Both myself and my son are Americans, but my ex-husband, the father of my son is... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 13, 2022

You can try applying for the passport renewal without the other parent's consent first. There is an exception when the other parent cannot be found. Otherwise you will need to "domesticate" your foreign final judgment and then file a motion for the passport issuance. Speak with a... View More

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2 Answers | Asked in Civil Litigation, Family Law and Collections for Florida on
Q: Hello A judge granted me judgement in small claims court. Now I need to collect. What would be the next step

How would I go about getting a writ of garinment

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 13, 2022

This is a specialized area of the law. Look for a consultation with a local lawyer that does collections. As I am sure that you have figured out, having a piece of paper that says that you are owed money is not the same as money in your pocket.

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What rights do she have?

My daughter father and i have a 19 year old daughter. we separated in NY in 2003 a year afterour daughter was born. he moved to kansas with a lady he started dating. they have a child who is about 13 now. he was deported back to haiti in 2014. in the next two years he would of been able to do... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 12, 2022

To inquire about whether your daughter has a chance to get custody of her 13-year-old half-sister, you should ask this question in Justia > Ask a Lawyer > Kansas > Family Law; it has nothing to do with Florida law.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Can I pick my daughter up from her dad's and bring her home if he is refusing to return her home.?

We are legally married but have been separated and living in different states for 3+years(almost 4). He has seen his daughter 3 times since. He asked to have her for the summer. She has special disability and all of her specialists are down here. She also needs MRIs and other important appointments... View More

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

Contact a family law attorney in your area as soon as possible. You may need to file an emergency Motion for Return of Minor Child.

1 Answer | Asked in Child Support and Family Law for Florida on
Q: If Separated in Florida &ex paying half rent as we are both on lease& legally obligated does that count as child support

Separated as of Jan 2022, he left home. Lease is thru July 30,2022 we are both listed on list he has been paying half the rent but not any child support. Will him paying half rent count as child support?

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 9, 2022

While it is not automatically considered child support, if you and the child are living in the home and he is not, he can make the argument that the half rent payment is for the benefit of the child. Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Can I vacate the order if I’m pro-se
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 8, 2022

I don't know what you are asking about, but the judge could perhaps vacate an order; litigants (including pro se litigants) can ASK the judge to vacate an order, if you can show that there is cause for doing so.

1 Answer | Asked in Family Law for Florida on
Q: What do I file if my ex Attorney after a hearing redoes the order Putting things in there I wasn’t in agreement to

Like I won this hearing and the judge sided with me but somehow he makes it in words it as if I’m the one at fault it was filed today how can I change it

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 8, 2022

Hire another lawyer and pay them to vacate the order you don't like.

2 Answers | Asked in Family Law and Child Custody for Florida on
Q: Im currently in a custody battle with my ex spouse he has primary custody of my 2 kids. Nothing has been granted yet by

The battle we have now is he wanting full custody instead of split because he wants to take the kids away from our divorce papers when we got a divorce are set to me having visitation rights every other weekend by court. my sons birthday is coming up and I got in contact with my kids father he told... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 7, 2022

You are bound by whatever court orders are currently in place. You say that your spouse has "primary custody." Is that in a court order? If you want to see the children and there is no court order then you need to go to court for clarification. Speak with a local family lawyer for more... View More

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1 Answer | Asked in Family Law, Probate and Estate Planning for Florida on
Q: How much time does a designated Trustee have to register a benefiary trust?
Phillip William Gunthert
Phillip William Gunthert
answered on Jun 7, 2022

Florida does not require or have a registration of a Trust. If what you are referencing is a "Notice of Trust", then the rule is upon the death of the person/settlor of the trust. Florida Statute states the following;

736.05055 Notice of trust.—

(1) Upon the death of...
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2 Answers | Asked in Family Law for Florida on
Q: Can my husband’s ex-wife come after me for alimony arrears after he dies?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 3, 2022

Normally not. You don't owe the alimony, he does. She could make a claim against his estate, but not you personally.

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