Florida Recent Legal Answers from Lawyers

This is NOT your fight. This is an issue for the bio-parent to address with thier family law lawyer. YOUR involvement is likely to simply escalate the issue into a controversy the bio-parents will have to sort out. You should encourage your spouse to retain a qualified family law lawyer to address any such allegations through the court. Trying to get DCF/CPS to intervene as a cheap alternative is generally going to backfire.... Read Answer

Dear Ms. Monroe: Sorry you are in this situation.  You do not specify whether there has been a prior court case or not, or whether paternity has ever been established, so this answer assumes paternity has never been previously established. The father has a right to file in the county where you live or he lives.  However, you can file to change the "venue" of the case to your county on the grounds that it is inconvenient to have the case in Palm Beach.  This may be particulary true if the child (until the father took her) always resided with you in the Ft. Myers area. If, as you state, there is a case filed, you should immediately file a motion in the court to have your child returned to you, especially if the father never established paternity, stating, as you have in your inquiry, that the child always lived with you and that the father will not tell you of the child's whereabouts. Custody (what we now call "timesharing") in Florida is a complicated issue, and very fact specific.  The court starts with the premise that each parent should have 50 percent of the time with a child, and the party who objects to this must prove why the other parent should not have this timesharing arrangement. (drunk driving, better for the child to live in Ft. Myers, he would likely not honor a timesharing schedule, etc.) and whatever else may be relevant. It may help you if you seek, at a minimum, a consultation with a knowledgeabel family law attorney.  These cases are difficult and more difficult to navagate alone. Best of luck, Cindy S. Vova Family Law Office of Cindy S. Vova Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785   ... Read Answer

This simply does not happen arbitrarily as described. If they added some one to your insurance its because someone is claiming to live at your address with you. You need to address this with your insurer - this is not a legal issue. If the person does not live with you and you have no idea who they are  - this should be easily corrected or explained. ... Read Answer

YOu need to hire a lawyer ASAP. You have some issues like violation of Fla. Stat. 83.67 where the LL may owe you for locking you out. As to the notion of paying 1/2 the rent while remining on the property the whole month, no one will belive that unless the person that told you that confesses to it or there is written confirmation for same. That said, the LL would have needed to have served a 3 day notice on you in December to properly allow an eviciton lawsuit. ... Read Answer

Dear Tracy,   I am sorry to hear about this and hope your condition improves. That being said, the answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. I'm happy to speak with you about this. Loren L. Gold, Esq Direct Line: 954-742-6999... Read Answer

Reach out to any one of the thousands of attorneys in Florida who practice criminal law and provide free initial consultations. However, please know when you do that rarely if ever are criminal legal issues resolved with letters and phone calls, and law school and admission to the bar takes years and literally hundreds of thousands of dollars, so if you're looking for a $50 ten minute resolution to a violation of probation arrest warrant, you will likely be disappointed.... Read Answer

A party to a contract has a duty to disclose any material fact to the other party when entering into the contract. Since the other party did not disclose to you the existence of a gym located on the floor beneath your unit,  That non disclosure would constitute fraud by ommision. Your remedy would be your right to sue him for rescission and be excused from further performance under the agreement. ... Read Answer

Despite that it's a he said she said, you still may have a case. A lot of times, 911 calls reporting the accident can discern witnesses who may have seen the accident and called 911. This records are all taped and can be retrieved. Additionally there may be cameras from businesses near by that can also be obtained. Time is of the essence so retain counsel ASAP before said tapes are overwritten. Finally, reconstruction accident experts can be retained to determine who was at fault. Retain counsel here in Florida for contingency fee representation which means you pay nothing unless you win. ... Read Answer

Dear Anonymous:    Florida law changed in July, 2023 as to timehsaring between parents.  There is now a presumption that BOTH parents are entitled to 50/50 timesharing, subject to a number of factors that could persuade the court to give one parent less than 50/50 timesharing.  However, the burden of proving that a parent should not have 50/50 time with children is on the parent who is objecting to this arrangement.  In your fiance's situation, he certainly does not have to accept the child's mother's proposition for timesharing, and he can go to court and, subject to the child's mother proving otherwise, get the 50/50 timesharing he desires.   As to the alternating week schedule, that is a possibility.  Another common schedule is where the parents split the week, with one parent having Mondays and Tuesdays and the other parent having Wednesdays and Thursdays and the parties rotating the weekends from Fridays (usually after school or child care) until Monday mornings.  The Court will look at what is best for the child, including, if applicable, a parent's work schedule.  So since your finace wants 50 percent of the time with his child, then he should pursue that because the law is on his side. Best of luck. Cindy S. Vova Law Offices  of Cindy S. Vova, P.A.  Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785          ... Read Answer

      Dear Vicky, I am sorry to hear about this and hope your husband's condition improves. That being said, the answer to your question can only be obtained through medical expert review of your husband's medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing him serious and permanent injuries. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. I'm happy to speak with you about this. Loren L. Gold, Esq Direct Line: 954-742-6999... Read Answer

I am very sorry for your family's terrible loss. Based upon the information which you have offered, there may be multiple responsible parties potentially involved. I can only give you a general answer based upon the information provided. The answer to your question can only be obtained through medical expert review of your medical records to determine if and by whom the standard of care was breached and if that breach directly caused the loss of your baby. A Medical Malpractice attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to sending them out for review by the appropriate medical experts. If you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. I see that you are seeking an attorney and I would be happy to speak with you. Loren L Gold, Esq  Direct Phone: 954-742-6999 https://www.lorenlgoldpa.com/... Read Answer