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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: What motion should I file if Respondent moved child out of state without notifying me during Paternity Case in FL?

A UCCJEA was also filed with the petition. The lawyer didn’t notify me as well. The child now lives 22h away oppose to 6h . What should I do to get this settled quickly .

Pamela J. Fero
Pamela J. Fero
answered on Nov 6, 2024

File an Emergency Motion for Child Pick-Up Order. This motion can request the court to order the immediate return of the child. Since the respondent did not notify you about the relocation, they might be in contempt of court, especially if there was a court order in place prohibiting such a move... View More

2 Answers | Asked in Probate for Florida on
Q: Am PR for 3 years and feel need to make attorney change. Can I lawfully seek legal consult with others before firing?

Current attorney is non-responsive with same patterns for 3 years. I need help!!

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 6, 2024

Yes, you will have to pay their fees and accumulated and fire them, the issue that arises is that you will also need to pay for the new attorney to get caught up and review matters and then work on progressing the probate onward from that point. You can always pay an attorney for a review and or... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Went for a walk and hit a super slimy slippery piece of sidewalk.wiped out hard and broke tibia and fibula in left leg.

2 surgeries-7 days in hospital and now looking at 1 month stay in rehab followed by home rehab.wont be able to walk on leg and drive car until at least January.do have a good case vs city?their were no signs of any kind to avert area/with light rain coming down I couldn’t see the hook on... View More

Michael J. Mandelbrot
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Michael J. Mandelbrot pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2024

Hi. I think a lawyer would review your potential case. The key questions - has there been falls there before? Did the City about and maintain this street? Was the substance caused by tree, dew or...? Did the City know or should they have know about this dangerous condition. There are very strict... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Went for a walk and hit a super slimy slippery piece of sidewalk.wiped out hard and broke tibia and fibula in left leg.

2 surgeries-7 days in hospital and now looking at 1 month stay in rehab followed by home rehab.wont be able to walk on leg and drive car until at least January.do have a good case vs city?their were no signs of any kind to avert area/with light rain coming down I couldn’t see the hook on... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 6, 2024

So did you go back and take pictures of the accident site? Was this on private or public property? What time of day or night did you fall down? If pictures were taken, did they show a dangerous condition that a person was not likely to see, who was casually waking? If the evidence shows that the... View More

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3 Answers | Asked in Personal Injury for Florida on
Q: Went for a walk and hit a super slimy slippery piece of sidewalk.wiped out hard and broke tibia and fibula in left leg.

2 surgeries-7 days in hospital and now looking at 1 month stay in rehab followed by home rehab.wont be able to walk on leg and drive car until at least January.do have a good case vs city?their were no signs of any kind to avert area/with light rain coming down I couldn’t see the hook on... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Nov 6, 2024

Every negligence case has two parts: (1) Liability, and (2) Damages. It sounds like you have sustained significant damages, but the issue is whether the city created and/or was aware of a hazardous condition prior to your fall and did nothing to remove it. Florida law is very specific regarding... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. He only came to visit me and our daughter with a return ticket.

My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 5, 2024

A US citizen can sponsor their spouse for a green card if they entered the country with permission, even if that spouse falls out of status. The issue in your case is did the spouse, who entered the country do so with preconceived intent. Did he conceal his intent to reside permanently upon his... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. He only came to visit me and our daughter with a return ticket.

My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 5, 2024

Consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating what was your husband's intent at the time he entered as a visitor, it sounds as though he entered the United States using the Visa Waiver Program. Although one who enters... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. He only came to visit me and our daughter with a return ticket.

My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More

Michael I. Sherman
Michael I. Sherman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2024

I agree with my colleagues that consulting with a qualified and knowledgeable immigration lawyer would be the best first step. The Green Card process is complicated, and it is best to seek the guidance of an immigration lawyer who has been through the process many times, is knowledgable about the... View More

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1 Answer | Asked in Criminal Law for Florida on
Q: Is it legal to be charged for the same charge in two different states
Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on Nov 4, 2024

Yours is a complex question suitable for law school. The starting point would be the status of the two states as sovereign entities under the US Constitution. Each State has the right to enforce its laws. The limit of a State’s power to prosecute is likely a product of both jurisdiction and due... View More

1 Answer | Asked in Family Law for Florida on
Q: I got married after a divorce and my last name was Stewart but divorce changed to Evans and I put Stewart instead that 1

is my marriage legal even though I put Stewart instead of Evans because my name was going to be Evans anyway they had me put the former last name

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 4, 2024

If your marriage license was executed by a proper officiant and filed with the clerk then you are legally married. Think about it like a typo. I am assuming that the remainder of the identifying information is correct. Moving forward you always have the option of going to court for a legal name... View More

1 Answer | Asked in Car Accidents and Civil Litigation for Florida on
Q: Can employer be liable for damages to a parked employee's car in the parking lot caused by their abuse shelter resident?

Daughter works for an abuse shelter. Her car was backed into and damaged while parked in company parking lot as she was working on the clock. An abuse shelter resident reported hitting the car. Shelter resident says they just recently got driver license back, but has no auto insurance. Suggested... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 4, 2024

In that scenario, the company running the shelter would not be liable for the vehicle damage unless it was somehow foreseeable to the company staff that allowing the resident to drive in the parking lot would create a risk of damage - for example, if the resident had a bad traffic record that... View More

3 Answers | Asked in Immigration Law for Florida on
Q: My daughter is getting out of prison after 20yrs and she has an ice hold what do I need to do
Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

You should consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating your daughter's criminal history for immigration purposes, a good immigration attorney will also want to know about your and your daughter's father's... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord leased the unit to another person after i gave written notice of my intent to extend my lease.

This is the clause in my lease "• B. Lease: This Agreement shall continue as a lease for term. The termination date shall be on (date) February 28,. 2025 at I I :59 PM. Tenant has the option to extend this lease for an additional year by written notice 30 days prior to termination."... View More

Fernando A. Prego
Fernando A. Prego
answered on Nov 4, 2024

If a tenant exercises the option to extend the lease with the proper notice and in compliance with the terms set forth in the lease, the landlord generally does not have the right to reject the tenant’s exercise of that option.

Lease options to extend are typically binding on the landlord...
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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. I'd like to sponsor him for a green card as my spouse.

Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 4, 2024

A US citizen can sponsor a foreign national who entered on a visitor visa for a green card. It is important to understand that if the husband entered with intent to permanently reside, that would be considered immigration fraud. However, if he entered with the intent only to visit, but then later... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. I'd like to sponsor him for a green card as my spouse.

Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.

Michael I. Sherman
Michael I. Sherman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2024

The I-485, rather than the I-539, is used for the Green Card process. There are other applications, as well, such as Form I-130. The best advice that I can give is to consider speaking with a knowledgeable and experienced immigration lawyer who can guide you through the process, and who can... View More

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. I'd like to sponsor him for a green card as my spouse.

Should I file I-485 or I-539 to adjust his status? Appreciate your guidance.

Kevin D. Slattery
Kevin D. Slattery
answered on Nov 11, 2024

Consider scheduling a consultation with a competent and experienced immigration attorney. Whether your husband had the intent to immigrate when he entered the United States as a visitor, presumably as a U.K. Citizen through the Visa Waiver Program; this could affect the method by which he should... View More

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2 Answers | Asked in Probate for Florida on
Q: As I am PR for almost 3yrs for my late father’s estate, am I entitled to see all filings on docket for probate case?

I have requested all docs and information from estate attorney, that I hired, and still no response after 6 days. I see a hearing scheduled for tomorrow with no knowledge of purpose and see filings to judge from another heir that has no attorney.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 31, 2024

You should be getting every single document that is filed ongoing from your probate attorney if you are the named Personal Representative in the Probate Case approved as such by the judge. If you are not being updated and getting documents there is indeed a problem, this is the job of your probate... View More

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2 Answers | Asked in Divorce and Family Law for Florida on
Q: It appears my daughter in law is going to file for divorce. My son has not been served yet. She withdrew her paycheck

from a joint account that their mortgage is taken out of each month, therefore making my son pay the mortgage. Is this legal? What can my son do? He alone does not make enough money for ALL expenses, and there are 3 children involved.

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 4, 2024

Generally when a divorce is filed both parties are expected to maintain the financial status quo. That means that each party is expected to continue to pay the expenses that they traditionally paid. Until your son is in court for a divorce action he really does not have any recourse. Speak with a... View More

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1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: Someone broke into my shop, changed the locks, can I break into my own shop?

They are staying in a trailer next to my shop on my property. I just started the eviction process. They broke into my shop, switched the door and padlocked it and started filling it with their belongings. They never had any permission by me to enter my shop and they never bothered to ask for... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Call the local police immediately. You describe behavior that constitutes Burglary, Theft, Criminal Mischief and Trespassing. If verified, the police should arrest them. You will then be able to re-enter your shop, and remove their property since it has nothing to do with the eviction process. I am... View More

3 Answers | Asked in Personal Injury for Florida on
Q: my attorney had received an offer which was a 1/4 worth the value of the at faults claim coverage my attorney

My attorney is encouraging me to think more medical treatment and he says it will help to ensure more payout for my claim as opposed to me just closing out now is it true that if I seek more medical treatment I could get a bigger payout or is this a hoax

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 29, 2024

Your case's value is based on its damages. Damages encompass past & future medicals, wages/earning capacity, and pain and suffering (sometimes punitive/punishment damages, but that's rare). However, pretty much all damages are primarily based on the medicals meaning the more treatment... View More

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