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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
I was abused as a child by my parents, and especially my mother and my now ex stepfather physically which included, but not limited to, traumatic brain injuries as well as being punished for exposing their affair to my father, who in turn decided to punish me for being an unwilling participant.... View More
answered on Nov 26, 2023
Sorry to hear about your terrible ordeal. Your description seems to indicate that all wrongdoing occurred a few decades ago. There is a high probability that a lawsuit for money damages due to such wrongdoing would be barred by the statute of limitations (assuming that would be raised as a... View More
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answered on Nov 24, 2023
In Florida, if you are under 18, your ability to influence criminal charges, especially those filed by someone else, like your mother, is limited. Since you're 17, you're considered a minor, and typically, the decision to pursue or drop charges in a criminal case is up to the prosecutor,... View More
My son went to my aunt's house cause he was homeless not to be abused what can be done through the court?
answered on Nov 19, 2023
Your inquiry is vague regarding the words "abused" and "controlled". Certain types of abuses are crimes to be brought to the attention of law enforcement. For example, if he's being held against his will, that would be a crime. If you're NOT talking about something... View More
Long story short, I lost two sons in an accident and one survived they were in the care of their father who survived as well. CPI became involved when I brought my surviving son home from the hospital. I was the non offending parent but that quickly changed once me and the cpi worker had a... View More
answered on Nov 19, 2023
Sorry to hear about your terrible ordeal. The legal grounds available to sue DCF are very limited due to various legal obstacles, such as immunity from certain grounds that are available to sue certain other governmental entities. In some limited circumstances, there are potential grounds to sue... View More
answered on Nov 18, 2023
The third party person who pays for the litigant's attorney has no say in how the case progresses, because the payor is not the client. Neither clients nor payors dictate anything; the case progresses according to the law as applied to the facts of the case. If you think that you are going to... View More
My adult son age 26 has been living with my half-aunt and her live-in man friend due to my husband and being homeless for a year now. Things do not look good from what we can understand thats going on in my aunt's house communication by phone from my son or any aloud visits for no legal... View More
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answered on Nov 18, 2023
It's understandable that you're concerned about your 26-year-old son and his living situation. In general, adults have the legal right to make their own choices about where they live and who they associate with. If there are no legal restrictions or court orders preventing you from seeing... View More
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answered on Nov 16, 2023
To file for temporary guardianship of your mother in Auburndale, Florida, start by consulting with a local attorney experienced in guardianship law. They can guide you through the specific requirements in your area. You'll need to gather relevant medical documentation that demonstrates the... View More
My father died suddenly and I wanted to get his medical records but my step mother would not allow me to as she is considered next of kin. She is getting remarried now and I want to know if that would make me next of kin to get the records.
answered on Nov 16, 2023
Florida Statute 456.057 governs who shall have access to medical records. It allows a patient's "legal representative" such access. Assuming your stepmother qualifies as personal representative of your father's estate, she would probably be considered his "legal representative".
This is for a divorce and I have moved to a different county I don't have a car to be able to drive to the other county. I was there for 6 months
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answered on Nov 15, 2023
Yes, you can file a motion to dismiss a divorce case that was filed in the wrong venue. In Florida, a divorce case must be filed in the county where either party has resided for at least six months immediately before the filing of the petition for dissolution of marriage. If the case was filed in... View More
My mother was brought down to Saint Cloud Fl by my aunt after her husband died on April 23. My aunt is planning on with a living man friend taking over my mother's Lower Manhattan NY apartment My aunt claims my mother doesn't want to talk with me but my mother never told me that and I... View More
answered on Nov 14, 2023
You didn't indicate what, if anything, is preventing you from going to your mother's place or calling her. That info would be necessary to determine what, if anything, a lawyer can do for you. Contacting your mother would also be the first step in determining what rights, if any, you... View More
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answered on Nov 13, 2023
In Florida, the time it takes to receive a child support payment after Social Security has taken a lump sum for child support can vary. This process often depends on several factors, including the efficiency of the Social Security Administration (SSA) and the state child support enforcement agency.... View More
The daycare is federally funded should the parent call the police and report it and pull out the child is that a criminal offense? Does the Director and her 2nd in command get in trouble or fired or brought up on charges.. they both are responsible for feeding the child via feeding tube connected... View More
answered on Nov 10, 2023
Start with a complaint to the police / Sherriff with jurisdiction over the daycare center. You should also make a complaint to the state agency that licences the center the Florida Department of Children and Families (DCF).... View More
I recently entered into a supported relationship and verbally agreed to stop alimony. That relationship lasted six months. Can alimony restart being alimony was not terminated via the court? Unfortunately the loss in alimony has caused a detrimental loss to my living situation, to support me and my... View More
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answered on Nov 9, 2023
The answer will depend on what kind of agreement you entered into with your former spouse when you agreed to the termination (verbal, written, etc.). Since you did not file anything with the court then there may be a chance; however, your former spouse will argue that you reached an agreement and... View More
It was made for her supposed pleasure but apparently she wants to blackmailed me
answered on Nov 7, 2023
If she is asking you for money or some other benefit to prevent her from showing it, she's likely committing a crime, and you can report her to law enforcement - IF you want this issue to become public record and IF having her arrested, possibly hauled off to jail, and prosecuted is desirable.... View More
Pinellas County, fl.
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answered on Nov 5, 2023
If you believe your constitutional rights have been violated in court, particularly in matters as serious as custody disputes where you feel your children are in danger, it is critical to seek legal advice immediately.
Contact a local attorney with experience in family law and civil rights... View More
Is also on the lease , and leave with no money even tho our bank account has $37,659, and with no car . Id literally leave destitute. What are my rights ? Do i have a right to our money ?
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answered on Nov 3, 2023
You must file for divorce in order to get legal protection. You are entitled to one half of the marital assets (and liabilities) accrued during the marriage. You also have an equal right to live in the property that is rented to both of you. Speak with a local family lawyer for more specific advice.
We have a total of 5 children but only 4 live with her. We have a written agreement that the children at the age of 13 can decide where they want to be. The ex and her boyfriend work shift work and my 12 year old is raising the other kids. But it’s 5 girls and my youngest boy. My middle girl... View More
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answered on Nov 2, 2023
Unless your parental rights have been terminated you can always return to court to modify timesharing. You must file a motion and explain why you want the change. The legal standard is what is in the best interests of the child. Speak with a local family lawyer for more specific advice.
Florida. Parenting plan states mental health must be mutually agreed. Agreement for provider was reached. Child has been actively going to sessions for several months. Non Custodial parent now states they no longer consent to child seeing provider and is demanding the primary parent to change... View More
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answered on Oct 31, 2023
The current law is that either parent my consent to mental health counseling for child. If child is already in counseling by agreement then the parent that wants a change must go to court if no agreement can be reached. Otherwise child continues with current provider. Speak with a local family... View More
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