Family Legal Questions

Simplest way to start is to ask her for a copy of the power of attorney document she claims your grandmother. I would also confirm your request in a writing (text message or email). Presuming she gives it to you, most likely the document will identify the name of the lawyer and the law firm that prepared the document. I would then reach out to that lawyer to find out what other changes were made to her estate plan (if any). If the lawyer does not wish to speak with you or provide you with any information, you need to speak with your grandmother to find out if she understood what powers she gave her neighbor. If her understanding was different from what the neighbor said, then you might want to record that conversation with your grandmother and then go to a lawyer who specializes in estate litigation for a consultation, bring with you the power of attorney document and the recording and any other material you have as to your grandmothers lack of mental capacity understand her actions including an identification of her medicines, the name of each doctor ( all listed on her medicines and in her healthcare benefit statements). The key is whether your grandmother was / is in control of her facilities to understand her actions and the powers given to the neighbor. If she is in control of her facilities and intentionally gave those powers to her neighbor, then you have a tougher road to prove undue influence. ... Read More

  Thank you for your question and I am sorry they are having this very negative experience with their adult child.  Your friend's problem is not a legal matter if they do not wish to pursue an eviction, which is their right. If the adult son does not want to seek necessary psychological counseling and they do not wish to evict, I would highly recommend that the parents seek counseling on their own. The goal would be to learn how to deal with the son, negate his ungrateful (and potentially dangerous) threats and perhaps how to recognize his serious emotional issues and how the parents can deal with those issues adult-to-adult.   If they need to protect themselves in the future should the matter escalate to a threatening situation, they should also learn how to secure a restraining order which would have a mandatory removal component  requiring the son to leave. Give them my best wishes... Read More

It sounds like the mother has a previous CPS history. They may be involved when the unborn child is born depending on the mother's status. For instance if she is known to be on drugs, the hospital will call CPS when the child is born. If there is CPS involvement, the dad could contact CPS to let them know he wants the child placed with him. If there is no CPS involvement with the unborn child, the dad will have to wait until the child is born and then file a lawsuit to establish his paternity and request that the court order the child to live with him.... Read More

This is too vague to respond to in any detail.  Normally, spouses always have access to visit -- if the hospital is allowing anyone; during COVID, many hospitals are prohibiting all visitors.  It is unclear what the problem really is, or why, and it may make more sense to speak with hospital staff first before consulting a lawyer.  If you do get there, try to figure out whether this is actually a family law matter.... Read More

  You say you have a "parenting Plan" and you are the petitioner.  I am assuming that you have filed another petition for some reason, as a petition (not a motion) requires an answer, and in the absence of an answer a default can be entered.  Since the other party filed "something" (i.e. the letter) you cannot get a clerk's default.  However, since the other party has still not answered,  you can file a motion for derfault, and you will have to get a hearing date so the motion can be heard before the judge.    Most likely the other party will answer before the hearing, making your motion moot, but at least you can move on with the case.  On the other hand, if the party does not answer, then the judge will either enter the default or give them a short window to still answer, and if that person does not answer within the time give, then the court will likely enter the default.  Either option will allow your case to move forward.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Boca Raton-Miami-Dade 954-315-3496/561-962-2785   ... Read More

Dear Mr. Marte:    If you have had paternity established by a court (or were married and had a timesharing schedule established in the divorce action)in Florida and had a timesharing schedule established by a court then you can try to enforce the terms of that court order.  However, if yoy have never done that and paternity was not established, establishing paternity  would be the first step you need to take.e to take.    Depending on how long the child has lived in Pennsylvania may determine if the court action would have to be brought in Florida or Pennsylvania.  It would probably be a good idea to consult with a Florida lawyer first, and that lawyer could determine if you need to file suit in Florida or whether Pennsylvania will be the proper forum.  Either way, if you want to see your child, move forward and take action.  The years go by too quickly.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward-Boca Raton-Miami-Dade 954-316-3496/561-962-2785... Read More

The old expression "right church, wrong pew" applies to your setting. This is not a matter to be handled by a divorce lawyer but by a lawyer who specializes in " special needs" law, "special education" law or or by lawyers who specialize in disability claims. I would search for lawyers who limit their practice to special needs law or special education law, as opposed to a lawyer who does everything and claims to also handle this area as well.  Most of the lawyers who specialize in these areas will provide you with a free initial consultation and have experience with "out of home placement" for children with developmental disabilities. ... Read More

Most likely they are saying you lack a history of being involved, but Grandparent visitation rights and a guardianship are different things.  You should consult with an attorney, trying to obtain a "Temporary Guardianship" without an attorney would be a huge mistake.  If it is your desire that the parents "get help" working out an agreed Guardianship with the step-by-step requirements for it ending should not be that difficult.  Visitation can and should be established and you will save a lot of time and prevent ill-will if you work together to reach agreements that can then be provided to the assigned Judge as a proposed Order.... Read More

If the existing order is for payment of the medical premiums, total up what has been incurred since the order, and send a request for his half of the payments; it might be easiest to agree to reduce your child support payments, going forward, by the father's half of the medical insurance premium.  Conceivably you could go back further in time than the last order, but it depends on what was litigated, and ordered, and why.  If you run into problems, you should probably consult with a family law specialist.... Read More

The U.S. does not have a national "registration" system.  Entering into a Nevada wedding should not have any effect on your visas.  It is a bit unclear what you are trying to do and why.  If you are lawfully married in the UK, you are considered married here.  If not, not.  You can have a ceremonial marriage here, and celebrate it any way you wish -- just call the chapel/venue where you wish to have your Vegas marriage and explain the legal situation, and they should be able to accommodate you.  People do "commitment ceremonies" and other "weddings" that do not formally have a legal effect all the time -- the fact that you are already legally married should not be an impediment to the ceremony you plan.... Read More

Thank you for your question. I am not sure from your posting if he owes “in excess of 400" or “in excess of 400,000" in back alimony. That’s a rather large gap!  I am also not sure what “AMS” means as well. For purposes of this answer, I am going to assume it’s considerably more than $400.00.   For over 35 years, my office handles primarily large asset family law cases and this potentially sounds like such a case. However, you have a few serious challenges. To begin, he may be losing his business in the civil litigation as you describe the situation. This means that his ability to pay the back alimony may be heavily constrained if not largely eliminated.  You said you “have done well” in the litigation to date. If so, why should you change your counsel or your forensic accountants, if you have anyone in that role? If you are looking to discharge them (likely for cost reasons?), you will probably not find a lawyer with any skill or experience willing to take on such a complex case ‘pro bono’. If your ex has substantially hidden or, worse, lost assets in the course of his business troubles, your pro bono lawyer will be quickly frustrated in any effort to find the assets needed to pay back the alimony arrears.  My recommendation: Keep your team in place, particularly if you believe you have done well thus far.... Read More

Thank you for your question. If the time limit for you to file a Counter-Petition in the family division case has run out, you can file with the court a Motion for Leave to Amend your existing Answer (if he filed a Petition in your family division case) to add the Counter-Petition. If he simply filed a Motion for Contempt in an existing divorce case (or a completed divorce/family law case that he has re-opened with the Motion for Contempt), you may need to file a Motion to Consolidate the domestic violence case with the family division case, which the judge will likely grant. Of course, if you are going to trial next week on the contempt matter, you may be out of time and should file a new case in the family division on the domestic violence matter.  As you can see, there are myriad procedural steps that must be followed. This is not really something you should try on your own without legal counsel. It can be money well spent.... Read More

Thank you for your question. The answer is no. Under Florida law (which you can look up under "Chapter 794.05, F.S."), the ages of you and the father-to-be are permitted for sexual activity. Please remind your boyfriend that he is responsbile for child support as long as the two of you are not living together and remain unmarried. Once married, there is no child support obligation during the intact marriage. Good luck!     ... Read More

You don't mention where the proceeding is, but it is never a good idea to ignore a court hearing; you should expect that whatever the other side has requested, from contact to custody, will be granted based on your non-opposition.  You should contact counsel wherever that hearing is going to be held, and make sure someone files an opposition and appears.... Read More

As a general rule, you are now and will remain a ‘legal stranger’ to your fiancé’s child both today and following your marriage unless you chose to adopt the child after your marriage. Otherwise, you have no legal obligation or rights with reference to your fiancé’s child when you marry. A word to the wise: Rarely is adopting your new spouse’s child a good idea. Your spouse’s ex will no longer owe child support to your new spouse and should your marriage fail (as almost half do), YOU may owe child support.  ... Read More

Thank you for your online question. To get to the heart of your inquiry, if you are looking to divorce you should understand that as a general rule the business is a marital asset along with all of the other properties - real estate and personal properties - acquired during the marriage by either one of you with some exceptions.  Whether it is in “his name” or not, the business may be marital. The lease is a business asset as well and will figure into the valuation of the business. You also asked if it is “illegal” for you to go work, presumably at the business. If it is owned by your business then you will need his hiring of you to render you an employee of the business. Otherwise, no. The other question asked if you can “take something out” (presumably money). If you are not an owner of the business or an authorized signatory on the business’s accounts you cannot take out money belonging to the business without your husband, as owner, giving you permission to do so. Strictly speaking, taking money without permission may be theft. If you file for divorce and need money, ask your attorney to have you receive temporary support from your husband during the pendency of your case.   With questions such as these, you will need the assistance of an experienced family law attorney to advise you. Good luck!  ... Read More

Thank you for your question. Your social security is not reduced by your share of his pension which is typically via a QDRO (qualified domestic relations order).  The pension is equitable distribution.  Social security will not be affected by any other source of income you get. I hope this was helpful to you.... Read More

Judges often will take a position that children shouldn't be around new significant others, but visitation should still be allowed and may be altered to address any issues, like not overnight, not when your boyfriend is around, etc.  I would imagine he would have a different view of things if he had a girlfriend... moving forward with orders for custody and parenting time (visitation) is the best remedy.  You may still shoot for joint custody even if he has them more nights of the year. If he is just trying to control you, that is a bad sign and should be discussed in detail with a lawyer.... Read More

I have a few questions which may help answer your inquiry. First, you said you are already divorced but do not have a Parenting Plan and that you only have what you described as ‘temporary custody’. I am not certain how you could be divorced without the court having decided the timesharing issues for your child, but that should be remedied as soon as practical.  Second, I do not know if you have a ‘temporary’ timesharing agreement with your ex and, if so, if your one-day trip to Disney would interfere with that agreement/understanding. You also did not state the nature of the relationship you have with your ex where your daughter is concerned. (That is, are you both highly cooperative where she is concerned or is this a high-conflict relationship with him.) Assuming that the information you have provided is accurate, that your trip is only for one day and does not interfere with any ‘temporary’ timesharing agreement with your ex, you should be fine with the trip from a legal perspective. However, as a guiding principle one parent should always tell the other if the child is being taken out of town particularly if there have no Parenting Plan addressing this issue. On a final note, if the Covid-19 virus is not particularly virulent in Disney at this time and your daughter is not immune-compromised, I would think this should not be a factor in your trip.  I hope this helps.  ... Read More

Thank you for your question.  I am sorry to hear you are going through this stressful time.  In a situation like the one you describe, you would likely need to file a Motion to Enforce Litigant’s Rights in the event your ex-spouse does not make the child support payment.  In the event there are other orders which he/she is not complying with, you may want to include those Orders in the motion as well.  There's a need to review the Orders and the MSA in order to provide you with a definitive answer.  I strongly urge you to schedule an attorney consultation.... Read More

Every lawyer handling family law matters is required to maintain a conflicts checklist system that should be checked before scheduling a consultation.  If you met with a particular family law attorney for a consultation and discussed the merits of your matter and your position with regard to issues to be addressed in the divorce, that lawyer cannot then represent your spouse in your divorce matter. If you met with a different lawyer in that law firm ( not the same lawyer as met with your wife), then the issue is whether that law firm can create a "Chinese wall" to ensure that none of the information you provided to the lawyer in the consultation setting is provided to the lawyer representing your wife and ensuring that the lawyer you met with has nothing to do with your divorce file. Candidly, most judges will be concerned about the same law firm representing your wife after a lawyer in that firm already met with you to discuss the same divorce issues. it smells bad and looks bad and your current lawyer has a right to serve notice on your wife's new lawyer of the conflict of interest and demand that your wife's lawyer removes herself from the case. If the lawyer refuses and you are concerned about what you said in the consultation and how that information can be used against you, then your lawyer has the right to file an application with the court to compel your wife's lawyer/law firm to leave the matter completely. Side note.... there have been cases where the client does not object to the other lawyer remaining in the case because of the working relationship between the 2 new lawyers or for any number of other reasons discussed between you and your new lawyer. As such, the issue for you to decide is whether that conflict is one which you want to press for the other lawyers' removal. Talk with your lawyer and make that decision but you can't hold it as an ace up your sleeve to pull out at a later date. It's either addressed immediately or you will lose the ability to raise it. ... Read More