Florida Family Legal Questions

Please see below a link to FL Supreme Court forms, you can locate the forms you need to file to change your name. The cost depends on the Court where you will be filing it. Please make sure to carefully read all the directions that come with the forms. http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml#982 Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.  ... Read Answer

If the children are also located in Missouri and have been there for at least 6 months, I suggest you contact an attorney in Missouri as you would need to file a court case in that state and not Florida. If you are short on funds, look into legal aid clinics. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.    ... Read Answer

You can temporaily deny access to the father, but you should simultaneously file a motion with the court.  Having an attorney who is experienced with family law is essential.  I have practiced in the family/divorce area for over 25 years, and would be happy to give you a consultation to discuss your options.  My office serves Orange and Osceola counties, so if you live in either of these, please feel free to contact me at readinglaw@hotmail.com. Alecia Reading, Esq. 407-518-5508 ... Read Answer

  The first thing you need to look at is your settlement agreement and/or final judgment.  What does it say about keeping the home?  Are there any conditions?  What triggers a sale, and how are the profits divided?  Who pays expenses during this time?       However, most likely the answer to your question is no. If your ex has a right to possession of the home for a period of time, living there with another person (unless there is language banning it) would not be prohibited.  Unfortunately, people move on after divorce and a new significant other is sometimes "uncomfortable" to the children.  They should express their discomfort to their father.    Again, the terms of the settlement will govern.  You need to take a close look at that.   Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496    ... Read Answer

  It depends...Did your prenuptial agreement discuss what happens when one of you dies?  Did it waive your spouse's right to claim to take an elective spousal share of your estate, and other rights that  a spouse gets under Florida Law?  If your answer is "yes" then you, or more correctly, your children are likely protected. If not, then your spouse can elect to take a third of your estate even if you shut the spouse out in your will.  A spouse and children also share, depending on a number of factors, in a parent/spouses estate in the absence of a will.     If you have concerns, you should have the prenuptial agreement reviewed.  With consent, if the prenuptial is silent on these areas, you could ask your spouse to execute a postnuptial agreement.  If your spouse is reticent to do so, you could sweeten the deal by offering to get a life insurance policy covering your life where your spouse is the beneficiary.  Term policies are usually not very expensive, and this way your spouse would be assured of getting something if you should die first.    The best option is to just make sure you outlive your spouse....if only we could control that.   Best of luck and health to you, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496  ... Read Answer

You do not need to be a United States citizen to file for divorce in Florida.  You also do not need to have been married in Florida in order to file for divorce in Florida.  But at least one of the spouses must have been a continuous resident of Florida for at least 6 months before the divorce proceeding is filed.... Read Answer

Emancipation is a legal status wherein a minor attains full legal rights and obligations as an adult. Under Florida law, there are a number of ways to become emancipated. Among these ways are the following: You may be legally married in Florida or another state, attain the age of eighteen years, or be declared emancipated by a circuit court judge in a legal proceeding. Assuming you are interested in the last method, you would need to file a Petition in the circuit court where you reside and state the reason you are requesting the court to declare you to be an emancipated adult. You will need to serve the court papers (the Petition) on your parents or legal guardian(s) an they will have twenty days to file a response with the court, referred to as an Answer. Assuming you successfully show the court the reasons for your emancipation and there are no other reasons to deny your request (for example, if there are pending criminal charges against you in juvenile court or you have other impediments), the court will hold a hearing to take evidence to support or oppose your Petition. ‘Evidence’ consists of documents and papers as well as the testimony of witnesses. Thereafter, the court will enter a final judgment and, if successful, you will be an emancipated adult at that time.... Read Answer

Hello.  If your Wife's former divorce action was not finalized before your date of marriage, then your marriage is void.  You are therefore not married.  I have been practicing in the divorce area for over 25 years, and my office is in the Osceola County area.  I also serve Orange County.  If you reside in either of these counties, I would be happy to provide you with a consultation so we can further discuss your situation.   Alecia Reading, Esq. 20 S. Rose Ave., Suite 8 Kissimmee, FL 34741 407-518-5508 readinglaw@hotmail.com... Read Answer

You can apply to the court for a name change to any name you want, as long as you are not defrauding creditors or others, or escaping from the law.  The court may deny the name change if there appears to be an ulterior or illegal purpose. or if granting it will potentially invade the property rights of others.  Be prepared to have a valid reason to change your name to a hispanic name.... Read Answer

      Unfortunately, you did not finish your question, so  I am not sure what you are actually asking.  However, if you want to know if the DROP will be included in the QDRO, I suggest you check what the language was in your divorce decree and/or settlement agreement as that will govern same. Best of luck, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com    ... Read Answer

In Florida, permanent alimony may be reduced or terminated if the alimony payor establishes to the satisfaction of the court that a supportive relationship exists.  These are highly “fact-intensive” matters, and the court looks to the totality of the circumstances.  While no single factor is determinative, the court may consider: 1.  Does the couple hold themselves out as a married couple by, e.g., using the same last name, a common mailing address, referring to each other as “my husband” or “my wife,” or otherwise conducting themselves in a manner suggesting a permanent supportive relationship?2. How long have the couple resided together?3. Has the couple pooled their assets or income?4. How much does either person financially support the other?5. How much has either person performed valuable economic services for the other, or for the other’s company or employer?6. Does the couple own or work in a business together?7. Has the couple jointly contributed funds to purchase any real or personal property?8. Does the couple have any agreement regarding property-sharing or support?9. Does either person provide support for the other’s children?... Read Answer

  Yes, one of the powers the attorneys have is the power to subpoena documents. You should discuss this with your attorney. This needs to be done well ahead of the mediation so there is enough time to receive the documents.   Best of Luck,   Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.   www.vovalaw.com  ... Read Answer

   Yes, your attorney can subpoena records from the child's mother's employer.  However, I am wondering why you have not asked your attorney this question.  If you only need the records, they can be subpoenaed through Florida Famiy Law Rule 12.351, where your attorny first provides notice to opposing counsel, and absent any objection within 15 days (10 if the notice is faxed or hand delievered) the subpoena can issue.    However,  you should first discuss with your attorney whether obtaining these records will really be dispositive of resolving the issues of who has more time with your child.  Also,  mediation is not trial, so the mediator will not be judging, only trying to get the parties to reach an amicable resolution.    Hopefully you can resolve this case in mediation.  It is better for the parents to come to a resolution then leave it to a judge who has hundreds of other cases and won't have to live with the decision. Best of luck, Cindy Vova info@vovalaw.com... Read Answer

  Usually the parenting plan would specify that if due to the holiday timesharing one parent would have the child two weekends in the row, the parents would switch to prevent that from occurring. There is no right or wrong answer; it just depends on how your parenting plan is worded.   Best of Luck,   Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.   www.vovalaw.com  ... Read Answer

If you have court-ordered timesharing with the children in PA, you should exercise that timesharing.  Once you have the children, you could file a modification petition in the court of jurisdiction along with an emergency motion to temporarily keep the children on the grounds that their safety is at risk if they were to be returned to the father.  Of course, you do not need to have the children in your custody in order to file a modification petition.  You could also contact the Department of Children and Families in the jurisdiction where the children live with their father, and inform them of the abuse and mistreatment.  While it may or may not be parental kidnapping (depending upon all the circumstances), it would not be wise to simply pick up the children and remove them from their father's court-ordered timesharing unless they are at imminent risk of physical harm.  Ylou should definitely contact an attorney to assist and guide you with these matters. ... Read Answer

  Just because he was not allowed to relocate with the children does not mean he cannot see the children. He is still entitled to see the children- called timesharing (not custody), unless he has done something terribly wrong and would be a detriment to the children. Most likely, the judge would work out a parenting plan where the Father can see the children in FL, maybe over long weekends, and maybe the children can travel to the state where he lives over long breaks like winter and summer break.   Below is a link to the FL statute that includes the factors the judge must consider when creating a parenting plan. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html   Also, below is a link for a long distance parenting plan. http://www.flcourts.org/core/fileparse.php/533/urlt/995c.pdf   Best of Luck and Happy Holidays,   Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.   www.vovalaw.com  ... Read Answer

   You are not required to give a reason.  Under Florida law you can object to a referral to a magistrate as long as it is done withon 10 days of the date of the order of referral, or 15 days if the order was served on you by mail.     If you want to list a reason, I suspect it would be because you prefer to have the matter heard by the judge.  The most important thing is timely filing the objection.       Best of luck, Cindy Vova    ... Read Answer

  Your husband DOES NOT have to be physically abusive towards you for you to file an injunction for protection against domestic violence (restraining order). If you have a legitimate fear of him hurting you (which sounds like you do), you can file for the restraining order. Make sure to list all the applicable facts, starting with the most recent first, include the fact that you scared of him hurting you, that he has hurt you before, and that you have nowhere to go. If the injunction is granted he will have to leave the house. After you get the injunction, you can file for divorce. Below is a link to helpful forms.   http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml   Best of Luck,   Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A.  ... Read Answer

   It depends. Typically the law of the state where the judgment or divorce was entered governs the enforcement. Therefore, although Florida does not require parents to pay for post secondary education expenses, I am not sure what the law is in New Hampshire.       Even if the law of New Hampshire does not require payment of post secondary education expenses, if you entered into a contract to do so then it would still be enforceable. The fact that part of the agreement was breached long ago and not enforced does not necessarily mean another provision cannot be enforced now. You need to review the entire agreement as you may have rights you wish to enforce against your ex as well.   Good luck, Cindy Vova... Read Answer

To get divorced in FL you must be a resident of FL for 6 months prior to the filing of the petition for dissolution. This would be demonstrated by a driver license. Since your driver license is from Mississippi you would need to bring a residence witness to testify at the final hearing. The witness needs to be somebody who knows you have been a resident of FL for 6 months prior to filing for divorce. However, since your husband lives in IL and has no connection to FL you would only be able to get divorced and no other relief can be granted. Please see link below to helpful forms. http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml   Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

In FL grandparents have no independent timesharing and/or "custody" rights. In order for your son to give you the legal permission to be the child's custodian, the child's mother needs to give permission as well. See below several links to helpful forms. http://www.flcourts.org/core/fileparse.php/533/urlt/970a.pdf http://www.flcourts.org/core/fileparse.php/533/urlt/970b.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

If  the parties are not married, paternity was never establish by any court, and a court has not ordered a parenting plan/timesharing, than you are the sole custodian of the child and can do as you wish, including moving to another state. However, he can try to file something in the court to try to stop you. It depends how soon he does it and which state is considered the "home state" of the child. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

Being "on child support" is not the operative fact that would allow or disallow you to move out of state with the minor children without the permission of the Father. I would need more information regarding your statement that you have "full legal custody." If the paternity was never established, naming the Father as the legal father and the court never ordered timesharing/parenting plan, than you are considered the children's only legal custodian and you can do as you wish. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com  ... Read Answer

If you as the respondent filed a counter-petition for divorce you can contact the judge's judicial assistant and ask for him/her to set a final hearing in front of the judge. However, if the petitioner is not in the agreement with the marital settlement, the petitioner might try to set aside the agreement. However, you should still try to set the final hearing or at least ask the judicial assistant to set a case management conference so you can have an opportunity to get in front of the judge and explain the situation. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer