Family Legal Questions

Yoiur discussion is a bit vague on the details, but the law on the subject is that in the absence of an agreement to the contrary, an engagement ring is a conditional gift, completed upon marriage, and is the separate property of the recipient upon marriage.  For a complete discussion of the issue, see the article posted here. For information aboiut separation and property settlement agreements, see the discussion and information posted here.  Really, yoiu need a consultation with a family law specialist well-versed in these topics.  Please see our Consultation Policies, Procedures, and Costs page posted here, and call at your convenience to ask any preliminary questions or set a consultation appointment.... Read Answer

While only a court can award guardianship, you and the children's father can sign a Temporary Power of Attorney for Our Minor Children allowing the children to live with their grandmother and older sister and allowing them to enroll the children in school, take them to the doctor, etc.  This is revocable at will.... Read Answer

I'm sorry, it's difficult to tell what you are asking.  Are you referring to division of assets in a divorce or dissolution?  If so, the short answer is, it depends.  An attorney will need to take a detailed look at the entire situation before he or she can answer that question for you. Best of luck.... Read Answer

Depends what you mean by papers. If you mean the document waiving service by sheriff, assuming you don't dispute the contents of the petition,  that is fine. However, if she presents you a separation agreement or something similar, that is the document that lays out who gets what. You need to review it carefully, preferably with the assistance of counsel as that document has significant consequences. ... Read Answer

Dear Anonymous:     In order to establish parental rights in Florida there must be a Final Judgment of paternity established by the Court.  If the other parent is contesting your paternity then it is best to file an action to establish paternity and request that the Court order a paternity test.  However, perhaps if you do the home test and show that there is paternity the other parent will agree to same.      Now you could file the action for paternity (and timesharing as they run together) and then see if, in the answer, the other parent admits paternity.  If she does, then the test will be unnecessary.  If she does not you would have to file a motion with the court  for DNA testing, with you bearing the initial cost, subject to reimbursement if you are, in fact, the parent.  However, to truly establish a timesharing schedule wtih the child, even if the parties agree, you want to have a court order with the timesharing in it so ithis can be enforced if the other parent fails or refuses to follow it in the future.   I hope this helps.   Best of luck, Cindy S. Vova  Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton/Miami-Dade 954-316-3496/561-962-2785  ... Read Answer

Dear Ms. Gibbs:     First, if the parties have not established paternity through a Court judgment, then dad has no technical legal rights.  So, if he left the state he could be required to return immediately.  However, since the primary concern should be the best interest of the children, the parties would have to work out a parenting plan that would cover most aspects of timesharing, dividing holidays, schools, etc.  A form for a parenting plan can be found at  https://www.flcourts.org/content/download/686031/file_pdf/995a.pdf.   If the parties can work through this, then there also has to be a determination of child support.  There are many on-line free calculators to assist.  They may not be 100% accurate(and it also depends if the information included is accurate to start) but it will likely come pretty close.   If all this is amicably resolved, then a Petition for Paternity would have to be filed with the Court (there are forms for that as well), all of the agreements fwould also have to be filed,  and a final hearing held.  If the parties can be civil about all this, they might be able to go to a mediator and get everything straightened out without  adversity.    Hope this helps. Best of luck, Cindy S. Vova LAW OFFICES OF CINDY S. VOVA, P.A. Broward/Boca Raton/Miami-Dade 954-316-3496/561-962-2785   ... Read Answer

Dear Ms. Millee:   Typically the consent of both parents is required to change a child's name.  However, if you are the legal guardian of the children, and the parents do not consent, you would have to serve them with notice of the petition for name change.  If they do not respond then it is likely the judge will grant the name change.  If they do respond then you will have to make our your case as to why the change will be in the children's best interest. Good luck!   Regards, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward-Miami Dade- Palm Beach 954-316-3496/561-962-2785    ... Read Answer

What type of case is it? Is the $1,000 a reoccurring monthly amount or a one-time payment? If this is a one-time payment, you must make a decision as to whether it is going to cost more trying to collect on the debt or if you should just let it go. If you hire a lawyer, you could easily pay more than $1,000.  Further, if the person lives out of state, you have to calculate the cost of services, together with any cost you will incur to locate the person.  Sorry, you are in this position, but trying to enforce an order is often difficult because the other person will be given an opportunity to tell his or her story and the court has to decide if there has been willful defiance of the court order.  Unfortunately, you will need an address because you must take steps to serve the person. The purpose of service is to make the individual is aware that a lawsuit is pending, so he/she can defend.   It may be worth it for you to contact an attorney in the field of your matter to discuss this issue in greater detail.  Please note that lawyers charge by the hour, therefore, you need to discuss payment before setting up a consultation to avoid any confusion.   Wishing you all the best ~... Read Answer

What you have written seems reasonable, on the basis of what is disclosed.  That said, it is not possible to really respond intelligently as to what is going on without complete information about what is in the file, what is and was known to the lawyer, when, what the lawyer says is the basis for the delay, and a host of other things.  Really, if you are uncertain, you should start with a heart-to-heart with yoiur attorney; if you are uncertain whether it is valid, consider getting a second opinion consultation.  If unsatisifed, consider obtaining replacement counsel.... Read Answer

After you are married, you can petition the Circuit Court where you live for a change of your child’s name. You will need to serve the out-of-state birth father with a copy of the Petition but it sounds as if the father will not respond to the suit. If he does not answer, you can prevail by default. Note that a name change for a minor (like an adult) needs the completion of a background check of you by the FBI and the Florida Department of Law Enforcement. You must have a set of two fingerprint cards to send each agency. You can expect a delay of a few months to receive the criminal background checks.  If successful, you can request a new birth certificate to be issued out with the new name.  This sounds very bureaucratic and it is. I would recommend you have an attorney assist you.... Read Answer

Yes. You need to file a Petition in the Circuit Court of the county where you now live to both domesticate and enforce the Final Judgment in Georgia. Once the judgement is domesticated, it becomes a Florida judgment and can be enforced in our state. You should have a lawyer’s help with the Petition for domestication and enforcement. Good luck!... Read Answer

The entire situation is unclear, but it is probably a good idea for you to review the Guardianship, Adoption, Termination of Parental Rights, Custody, and Child Support pages of our website, here.  The situation is so complex, however, that you probably need an in-depth consultation with a family law specialist, with this firm or another, to go over all options.... Read Answer

Short answer: no.  There may be other repercussions for saying false facts verbally or in writing a letter, but "perjury" is not one of them -- and a host of privileges make even outrageously false assertions in connection with litigation usually unactionable.  The details are, well, detailed, and can backfire, so you should consult with knowledgeable counsel before taking any action of any kind.... Read Answer

For a legal adoption to be accomplished, both biological parents need to surrender their legal rights to another person who is willing to adopt you. I dont know what has taken place in your life that both of your biological parents are willing to surrender their legal rights to you but presumably you believe that it is best for you. The person willing to adopt you will then file a formal adoption complaint with the court system and accompanying that complaint should be the written statements by both biological parents acknowledging their agreement to surrender their legal right to you over to this other person and that both acknowledge that it is best for you and that it is a permanent decision. After that complaint is filed with the court system, there is an investigation by a state agency of the person seeking the adoption and the household to ensure that it is appropriate and that there are no concerns about the person seeking the adoption. Once all of the paperwork is filed, the court will then set a final hearing date and then grant the adoption. Once the adoption is approved, then the person seeking the adoption is recognized formally and legally as your parent and the rights and obligations on your biological parents terminated. ... Read Answer

First, keep in mind the typical writing of this provision when it refers to 2021 or an odd year, will be referring to the tax year and not the time when the claim is made and return is filed.  So 2020 is an even year, but it is when one files their 2019 taxes and would be considered an odd year (tax year).  A provision setting a condidtion precedent that current support is all paid for the obligor to be able to utilize the dependent deduction is very common.  Not having it in the decree would make me ask him in writing if he would agree to forgo that provision, if you had to even say, lets figure out the value of the dependent deduction to each of us, and the one for whom it has a greater value should be able to claim it, you could even entice him with offering credit toward his child support obligation.  If that doesn't go anywhere, file to enforce support and to modify the Decree with the addition of that provision.  Both are straight forward and logical so they won't typically lead to protracted fighting in court. The easiest case for enforcement is one where you can point to things he has purchased that were NOT court ordered, where he used his income instead of paying the child support.  An Application for Contempt Citation is the most common way to get his attention, it is a "quasi-criminal" proceeding, if he fails to appear at time of arraignment, the Court typically authorizes a Bench Warrent with Cash Bond set in an amount he will have to pay in order to be released from County Holding.  If he is employed it would be a good idea to get an "Income Assignment" put into place. This would all be much easier to accomplish with a lawyer, you may be able to be awarded at least a portion of your attorney fees too, unless he has a good excuse for only paying less than $2 on average for each of the last 42 months.  As you may be aware lawyers are NOT allowed to represent parties in family law matters with a "contingent fee" as it is feared that it will make litigation even more contensious and never-ending, but on enforcement of an order to collect payment a contingent fee is allowed.  I'm not sure if you'll find any lawyers willing to take on the case on a contingent fee, but it may be an option.  DHS-Child Support Enforcement is very overworked and underfunded, understaffed, etc. but it wouldn't hurt to pay the nominal fee to open a case with them, they can suspend his state issued licenses as a motivation to get current on his payment of child support. Call a lawyer, many will give you a FREE initial consultation.... Read Answer

It depends upon your current Will. How and when it was drafted. Wills can be simple or extremely complicated. However, in Texas, if you had a Will drafted and were subsequently divorced, then your former spouse will be treated as if they pre-deceased you.    Texas Estates Code: Sec. 123.002. TREATMENT OF DECEDENT'S FORMER SPOUSE. A person is not a surviving spouse of a decedent if the person's marriage to the decedent has been dissolved by divorce, annulment, or a declaration that the marriage is void, unless: (1) as the result of a subsequent marriage, the person is married to the decedent at the time of death; and (2) the subsequent marriage is not declared void under Subchapter C.... Read Answer

If your husband was previously married to a woman in Utah and did not obtain a divorce before marrying you, then your marriage is void.  A person cannot be married to two people at once.  The location where the marriage took place has no impact on the question.  In the case of a void marriage, you can get an annulment, which is a court order officially declaring that the marraige is void.  In the alternative, you can remain in a void marriage, and when (if) your husband divorces the Utah woman, you would at that point begin a common law marriage with your husband.  If you do nothing, and he does not divorce the other woman, you would not be entitled to any rights as surviving spouse in the event of your husband's death. ... Read Answer