Get free answers to your Family Law legal questions from lawyers in your area.
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.
my babymama and i have made plans for me to see my son but when they day comes she always come up with the excuse that hes sick. i send her whatever money i have to her for him and constently make plans on seeing him which she cancels day of. in the last two years ive only gotten to see him 5 times.
answered on Jun 2, 2022
If you haven't established paternity (assuming you are not married to your child's mother), you will need to file a petition to establish paternity, custody, timesharing and child support. After finding you to be the legal father, the Court will determine what is in the best interest of... View More 
answered on Jun 2, 2022
Depending on the county, you may be able to file a motion for contempt or motion for temporary relief. You should consult an attorney in your area.
My great aunt passed away in 2013 and everything went to my great uncle as the will stated. then in 2015 my uncle passed and being the executor his estate and his power of attorney before that I'm wondering what's needed to claim property in my great aunts name that we just found a few... View More
answered on May 31, 2022
Hi there - given that you uncle passed away about 7 years ago, the first step would be to determine if a probate has been opened. There are many factors that would go into whether or not you have anything to claim:
1. Was there any property left to probate at your uncle's passing?... View More
I have a Florida family law matter hearing and the other side is calling the arresting officer to testify regarding an upcoming criminal trail. My criminal attorney has advised me not to discuss my criminal case in the family case. Can I file an object to this officers testimony? I haven't... View More
answered on May 28, 2022
It depends on whether the officer's testimony will be relevant in the family law case. No, they can't use the fact that you have been charged with or arrested for a crime; an arrest is not proof that you did anything wrong. But, depending on what the officer is asked in the civil case,... View More
answered on May 27, 2022
You still have to pay your child support even for the time that you are in jail or prison. Imprisonment is unquestionably a "substantial change in circumstances," which means you will be unable to earn an income to pay child support. However, the law in Florida upholds that it is still in... View More
We were married for 25 years, kids are in highschool now, si she can get a job.
answered on May 26, 2022
First step is to read your settlement agreement carefully and make sure that your alimony is modifiable. If yes, then you need to file a Motion for Modification and explain your reasons for asking for the reduction. Speak with a local family lawyer for more specific advice.
Our son is secondary beneficiary. I heard I will get denied bc in Florida the divorce immediately deleted you as beneficiary. He wanted to keep this policy to ensure security for the kids if he passed.
answered on May 26, 2022
I am unaware of any statutory provision cancelling your right to be the beneficiary of his life insurance on account of your divorce. Go ahead and apply for the life insurance proceeds. If the insurance company is aware of such a provision, your son will of course get paid instead. If he is a... View More
she has had the money 13 days. can i text about the court order relationship ask when i can expect money? No personal comment? Neither of us lawyered up.
answered on May 25, 2022
No. If the restraining order prohibits you from communicating with her, don't text her at all. If you are trying to indicate that she is to send you some money and you haven't received it, send something about that, in writing, to the court.
I couldn't log into this new software and was a few mins late. Once in, the judge said my attorney was gone and she'd send me something to schedule another hearing so she can get a status update. She then said I can leave (there was another guy there, don't know who he was or why... View More
answered on May 24, 2022
Normally at a hearing on a Motion to Withdraw there is little or no discussion about the case. You now represent yourself. You do not mention whether your spouse has an attorney. If there is no other attorney and you and your wife have agreed to the parenting plan and marital settlement agreement... View More
So I’m 16 years old and my parents are divorced with dual custody over me. I stay with my mom one week and same thing goes with my dad. I got hired at a place in my mom’s town, and since my dad lives 45 minutes away from there, I can imagine it’d cause some difficulties for him since I... View More
answered on May 20, 2022
I’m sorry to hear that you’ve been put in this position by the unfortunate circumstances of divorce. To answer your question, if you ask your dad permission to stay with your mom, he does have control over you as to where you will be staying during his court ordered time. If he says no, the... View More
We are both military she is Air Force. I am army national guard on a deployment. She is not going to allow me in the kids life and is going to send me court docs requesting protection. No domestic violence has occurred.
answered on May 19, 2022
In Florida, if you want to assert your rights you would need to file a petition for paternity. In Florida if you take no action the mother will have full legal custody and control of the child. Speak with a local family lawyer for more specific advice.
Mother lives in Fla, father lives in Ga
answered on May 19, 2022
In general, jurisdiction of the court lies where either parent or the child lives. If you are in agreement then you can enter into a parenting plan without court intervention or involvement. I am assuming that the parents are not married so legally this would be a paternity matter. The issue that... View More
next week). We had a mediation back in February where the mediator amended the Parental Plan and Marital Settlement Agreement but we ran out of time and didn’t get a chance to sign.
I’ve requested the amended documents from the mediator but he said he doesn’t keep them and that I... View More
answered on May 18, 2022
1. It is not humanly possible for me or any other Florida lawyer to tell you why your counsel of record does not respond during his pending motion to withdraw.
2. However, since you recently went through a divorce you must have noticed that your ex did not respond to you during the... View More
The mother and I have a verbal time sharing agreement nothing through the courts. We were never married. The mother was recently arrested for domestic abuse against myself. The baby is in my custody. The mother has a no contact order with me. Can I get custody of the child?
answered on May 17, 2022
You need to go to court on a paternity case to solidify your legal rights as the father. You have custody by default at this point but that could change unless you go to court on your own behalf. Speak with a local family lawyer for more specific advice.
If I have sole legal and physical custody I would still have to file to terminate parental rights? Even if the father has abandoned the kids completely for a long period of time?
answered on May 16, 2022
Yes. Legal and physical custody (timesharing) comes with the partner legal obligation of child support. When parental rights are terminated there may no longer be a financial support obligation. This is an area where you should definitely speak with a local family lawyer for more specific advice.
If the parent who has the child in their custody realizes that they can no longer financially support her can I sign power of attorney over to the man who has been in her life the last 10 years and she knows as step dad or will she have to go to her biological father even though she does not want... View More
answered on May 13, 2022
It's worth a try. It's always possible that the biological father will ask that he be awarded custody, but that remains to be seen, doesn't it?
He has to go through his employer to fix it. He has but his employer isn’t doing anything but his employer says he is. Is there anything legally I can do to get his name fixed so we can get the insurance that he’s paying for since march?
answered on May 12, 2022
It seems odd that a mere spelling error on the insurance paperwork should prevent you from getting medical care for your child. If the child needs medical attention, ask the medical provider to contact the insurer and get the care pre-approved.
answered on May 12, 2022
Your grandson needs to file a Petition for Paternity to legally establish his parental rights. Speak with a local family lawyer for more specific advice.
And if so then is spouse automatically entitled to 50 percent? If she agreed to give me the house what proof would I need?
answered on May 10, 2022
If the house was purchased during the marriage, it is marital regardless if only one party is on the deed.
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.
