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answered on Jan 16, 2024
If the divorce is already filed then you can file a motion expressing your concerns. You must justify your concerns to the judge. The legal standard is what is in the best interest of the child. You must also schedule your motion for a hearing. Speak with a local family lawyer for more specific... View More 
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answered on Jan 16, 2024
You, as the father, must go to court to establish and/or modify timesharing (custody). If and when the mother is no longer incarcerated she can reestablish her timesharing rights. You do not get custody "by default" just because she is in jail/ prison. Speak with a local family lawyer for... View More
the wife if the title to the property was never placed in her name ?
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answered on Jan 11, 2024
Assuming that the two of you lived together in the house during the intact marriage, you would need to establish the value of the house on the date of marriage and another value for the date of division. As a starting point, each party would be entitled to half of the change in value during the... View More
My husband and I have been separated for 6 months. Have no official parenting plan yet as I filled for divorce and he is in default and we are awaiting a date for the hearing. I notified him over text message I was taking our children on vacation out of state for vacation. Can I legally get in... View More
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answered on Jan 10, 2024
As long as there is no court order to the contrary, each parent has equal rights to travel with the children. You should let him know when and where you are going and when you are returning. If appropriate. let him know that he can contact the children during their time away by telephone, text or... View More
In order to garnish SSI benefits, one qualification is that an Order/Judgment should reflect and show on its face it is a "court ordered victim restitution." 42 USC 662(e)(2); 5 CFR 581.305 (a) (3).
Is a CA Family Law Court Order / Judgment for stolen retirement benefits... View More
answered on Jan 10, 2024
No. An order for victim restitution would have been ordered in a criminal case, not in a civil case such as a family law court case.
By the way, it doesn't appear that 42 USC 662 (once a federal statute) exists. "Section 662, act Aug. 14, 1935, ch. 531, title IV, §462, as added... View More
The fifth wheel I pay on but it is in his name until it get paid off per divorce papers. My ex husband passed away does the divorce papers make it legal that I still pay on fifth wheel and it is still mine?
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answered on Jan 9, 2024
The fifth wheel is still yours per the divorce decree; however, the loan may be a different story. If the lender learns that your ex has passed away they may want to collect on the note in full. You should still have an opportunity to refinance in your own name or try to make arrangements with the... View More
Child born out of wedlock April 2022. Father submitted parenting plan, she says she never got it. She lives in Polk County, he lives in Duval County. He's full time college student at UNF, full time security guard for State of Fla. and USMC Reservist (Savanna, GA). His plate is full. He has no... View More
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answered on Jan 8, 2024
It sounds like you have a child support order but no parenting plan. You need to return to court and file a motion to establish a parenting plan and timesharing. The court will order a timesharing schedule that is in the best interests of the child. What you are describing would be a long distance... View More
Recently I have filed for a contested divorce in Florida (with minor children). We were able to reach the settlement and now we want to file it with the court. Which forms do we need to do this? Namely turn the contested divorce into uncontested. Which 12.903 is needed since there are multiple... View More
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answered on Jan 6, 2024
You don’t need to change your initial pleadings. Simply file the signed settlement agreement with the court. If you have met all of the other requirements then you can schedule a final hearing. Speak with a local family lawyer for more specific advice.
Background: I am the noncustodian parent and I see her once a month for my custody. Her father has the primary physical custody. He doesn’t care when I bring concerns and he doesn’t know about the animal abuse matter yet because I don’t know how to bring this up. I know my child doesn’t... View More
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answered on Dec 31, 2023
The discovery of your child abusing an animal is a serious concern and needs to be addressed immediately. This behavior can indicate underlying emotional or behavioral issues that require professional intervention.
First, it's important to document the evidence, such as the video you... View More
My sons father held my phone hostage while I was in the Emergency Room and went through my phone, without my consent through years of texts, social media and personal data. Sent himself the private communication, then contacted family relatives with false accusations and shared these images... View More
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answered on Dec 23, 2023
In Florida, the situation you're describing concerning the invasion of privacy by your son's father is serious. To address this within the legal system, there are a couple of steps you can take.
Firstly, you can consider filing a motion in your existing family law case,... View More
I am getting married soon, and we are thinking of a prenuptial agreement. Neither of us are wealthy, but I am in the process of securing a publisher for my writings. Can a prenuptial agreement be made to take those works "off the table" if we get divorced in the future?
Soon to... View More
answered on Dec 22, 2023
A prenuptial agreement can provide a variety of protections for each spouse in the event of divorce or death, including the protection of pre-marital assets and income/assets acquired during your marriage. If you have written the next Great American Novel, a prenuptial agreement can address the... View More
answered on Dec 19, 2023
The court will take a detailed look at your financial situation and draw a comparison against your spouse's. This assessment aims to position both parties on an equal footing. If you can't afford a lawyer but your spouse can, the court may level the playing field. They may require your... View More
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answered on Dec 13, 2023
Hello! Since you have been separated for 13 years, how complicated your divorce would be would depend on whether you have minor children or assets and/or debts together. I cannot provide too much advice as I do not know your situation. It could be a very simple divorce and depending on the... View More
When I was pregnant with our son, my (now ex) husband went to prison in OR. Once he was born, I moved in with family in FL. Upon my ex's release, he had an affair, so I filed for divorce. He was granted conditional video visitation to start with, since he's never met our son. This was... View More
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answered on Dec 7, 2023
You need to look carefully at the court order that awarded you custody and him visitation. In Florida, you are required to notify the other parent within 24 hours if you move your home address. Your situation may be a little different because he was in prison. Take your court order and speak with a... View More
answered on Dec 22, 2023
There are many factors that the court must consider in determining an alimony award, including the relative financial positions of each party, the length of the marriage, and the purpose for awarding alimony in a particular case. A consultation with a family law attorney will help you understand... View More
HE was born in Puerto Rico. His will states ALL his Property & Assets are to be Equally divided to his 2 Biological Daughters (two different wives) & StepDaughter. He owns 2 Homes & Parcel of Land & no mortgage in Ceiba, Puerto Rico & 1Condo Property in Pompano Beach, Fl with... View More
answered on Dec 4, 2023
I am very sorry for your loss on the passing of your father, please accept my condolences at this sad and difficult time for you and your family. Since your father owned property in both states, some version of probate will be required in both states. You will want a Florida Probate Attorney to... View More
My father passed away and my brother did also years ago. Does my brothers children inherit his part of my fathers inheritance? How does that work
answered on Nov 30, 2023
I am very sorry for your loss the passing of your father, please accept my condolences for you and your family and this difficult and sad time. Generally, it depends, was there a Will and or a Trust, is there a surviving spouse. If there is no Will or estate planning, then it may also depend on... View More
My mother and stepfather divorced about 10 years ago but still stayes together. About two years ago, he used his money to buy a house and put it solely in my mothers name. My stepfather is emotionally abusive and threatens to kick my mom out of the house which causes her to panic because she thinks... View More
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answered on Nov 28, 2023
In Florida, if the deed is only in your mother's name and she is unmarried then she owns the house. You do not mention whether there is a mortgage and if so, whose name is on the mortgage. Assuming that there are no encumbrances (mortgages or other liens) then your mother can sell the house if... View More
ex wife is dragging out divorce. filed over 2 years ago and no final date in site. can she claim my social security benefits if the marriage isn't final and we are still legally married at 10years?
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answered on Nov 28, 2023
The duration of a marriage can impact entitlement to Social Security benefits, particularly in the context of a divorce. Generally, for an ex-spouse to claim Social Security benefits based on their former spouse's record, the marriage must have lasted at least 10 years. This is a federal... View More
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answered on Nov 27, 2023
You do not say whether mother and father are married or not. If married and mother wants to stay in Florida then she needs to file for divorce. If not married then mother controls where the child lives until father goes to court for paternity. Father cannot force unmarried mother and child to move... View More
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