Florida Recent Legal Answers from Lawyers

The father has a constitutional right to see his daughter. So if he decides to file an action to get a court order for reasonable visitation or even joint custody, then you will have to defend that action. In that action, you can also file a countersuit to get child support. Normally the judge always gives primary custody to the mother when the child is of tender years, and normally the father would get reasonable visitation privledge. ... Read More

If the eviction already occurred this would be a problem. The time to address allegations of HUD violations or an unlawful eviction is BEFORE the eviction takes place and hiring a lawyer from the beginning. I was able to look at part of your case and it seems you were removed from the property by writ of possession almost 1 year ago. It is not clear what you are attempting to do, or what result to achieve, at this point in time. You can call our office at 1-800-922-6442 to address this issue further or to provide more details.... Read More

Under the facts provided, she is correct and its not because you are married. Its because she is a "co-tenant" on a rent to own contract. Yes, she can "take what she wants" because you are still married and its all, in theory, marital property. You will need to retain a divorce lawyer and likely move forward with the divorce proceedings to address all of these issues otherwise. ... Read More

Not sure what the question is. That said - legal liability does not require pictures or witnesses though that is helpful. Either your dog "busted out the gate" or it didn't and it bit other dogs or it didn't. This all revolves aound the type of dog, its history of "bustin out the gate", the type of fencing and gate and its condition, etc. I would start with getting as much detail as possible about the allegations and if the other person is making a claim or demanding damages, you will likely need to retain a lawyer and report it to your homeowners coverage. ... Read More

Did you call the police? If so, did your neighbor get cited for any traffic violation? If you have suffered injuries as Mr. Gold suggested, you should retain an attorney to represent you on contingency fee which means that you don't pay anything unless you win the case. This website prohibits us from soliciting cases. However, you can research our backgrounds and reach out to one of us.... Read More

Dear Ms. Newton:    If the parties cannot agree on a value of the property, then the best way to resolve the issue is to either: a) Sell the property and then you will both know the highest and best value that can be obtained in the open market and then you can divide the proceeds, or; b) If one of the parties wishes to retain the property, then have a licensed retal estate appraiser do an appraisal of the property to determine value.   If you each wish to get your own appraisals and they differ, typically the parties will agree to the midpoint between both as to value.  Candidly, the appraisals should not differ that much as appraisers are held to certain standards in preparing appraisals.  However, if you go to court, each party would have to have their appraiser testify and a court cannot take a midpoint...the judge will have to determine whose appraisal should be used.  Again, another reason to resolve this amongst yourselves.     Also, as to your name being on the note,  it is suggested that if one party is buying out the other party that the party retaining the property be required to  refinance it to remove the other party's name from the note obligation.  Otherwise,  the party being bought out will still be on the obligation, and not only will it remain as a debt on his/her credit rating, but if the person retaining the property does not pay the note, then the lender can pursue both parties. Hope this helped. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade; 954-558-0074 Boca Raton/Palm Beach: 561-962-2785... Read More

You will need to retain a lawyer in Lee County, Florida and start seeking sanctions and possibly sue for malicious prosecution/abuse of process. At least you might be able to show others that she was sued for her false statements and not that the injunctions were denied due to lack of jurisdiction, etc.... Read More

The difficulty with filing a new I-539 or motion on I-290B is that you are already not legal in the US, and you face an unlawful presence bar of three years if you do either, and the adjudication takes over 180 days from the date of your initial decision, and you lose. If you do either one and the adjudication is not yet received by the fifth month after the expiration of your initial permitted stay, you will be faced with the choice of leaving the US to avoid the three year bar or staying and gambling that your application or motion will be approved. It is difficult to say which route would give you the best chance of being approved, but at least the I-290B motion would not be late. It should be further noted that DHS does not approve of persons coming into the US on tourist visas and giving birth in the country. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Contact a Personal Injury attorney to review all facts and circumstances-especially details regarding the dangerous condition which caused your injury before proceeding any further with the restaurant insurance rep- and hopefully obtain representation, rather than pursuing yourself. However, 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.... Read More

In theory co-signor can sue for breach of contract or a declaratory judgment action to be released from the terms. This ALL supposes that the loan document doesn't include waivers to the co-signor for modication by the primary parties. You will likely need to retain a lawyer to review the document and then aid in deciding what to do. ... Read More

You will likely need to retain a lawyer to sue for their removal. You can use the find a lawyer feature for this. If you try this on your own you might make things worse and find yourself getting sued or even embroiled in a criminal case as people doing what you described are often unhinged. ... Read More

Possibly. Its either and insurance claim or a small claims lawsuit against the property owner. With the rebar claimed to be 2 inches over the stop - you might find some difficulty if the property owner claims YOU were negligent by pulling your car over the stop - so insurance claim is likely your best bet. ... Read More

You will need to retain a lawyer to review your contracts in detail. Such repairs are usually subject to a construction lien and simply declaring that the contractor abandoned the job and keeping the material is likely to be a problem. Oherwise you run the risk of a lawsuit and a foreclosure action. ... Read More

Dear Anonymous: Florida law requires that both parties either file a financial affidavit with Court, or, if there are no children, Florida Family Law Rule 12.285  provides that: Upon agreement of the parties and filing of a notice of joint verified waiver of filing financial affidavits, the court shall notrequire that financial affidavits be filed. In the notice, both parties must acknowledge:(A)that evidence of their current or past financial circumstances may be necessary for future court proceedings;(B)they each have provided the other with a fully executedand sworn financial affidavit in conformity with FloridaFamily Law Form12.902(b) or 12.902(c), as applicable;(C) that the responsibility to retain copies of all affidavits exchanged rests solely with the parties;(D) that the waiver only applies to the current filing and does not automatically apply to any future filings; and(E)that the waiver may be revoked by either party at anytime. If they did not comply with this rule and file the notice of waiver of affidavits as set forth above, there are certainly grounds to try and set the divorce settlement aside.  It would be best to have the actual papers reviewed by an attorney.  The law is not clear if the waiver may be revoked after there is a final judgment,  or what your mother would be seeking to modify from the final judgment, but know that a divorce may be sent aside for fraud, and there is no limitation on how long after a divorce is finalized that it can be set aside for a fraudulent financial affidavit.  It would be interesting if your father claimed he did give your mother a financial affidavit, but I guess he'd have to produce it too.  Seems there are several grounds to attack the judgment worth exploring. Best of luck, Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade : 954-316-3496 Palm Beach/Boca Raton:  561-962-2785  ... Read More