Florida Family Legal Questions

It does not void the entire agreement. If the agreement has been ratified by a court order, you can file a motion for contempt and to compel compliance with the agreement. However, you do not need to wait for your ex to establish paternity. You can file the documents yourself. See form below http://www.flcourts.org/core/fileparse.php/533/urlt/983a.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

You will need to initiate an action in Alabama since that is the home state of the child. You are posting in a forum for FL law. I would imagine that you would need to file something along the lines of a Paternity Action. I am not sure what it would be called in Alabama. Along with establishing paternity, you will be on the hook for child support, including "back" support if you have not paid in the past. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

"A time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child." Florida Statute 61.13(3). If as you say, she was aware of your school schedule prior to entry of the final judgment, I do not see how she can satisfy the above statutory language to proceed with the modification. You should definitely file a motion to dismiss, stating that she failed to state a cause of action. There is no form motions to dismiss and it is advisable to hire an attorney. However, maybe try googling for some examples of the motion, if hiring an attorney is not an option. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

You have to follow the agreement you signed. It dictates the timesharing and travel with the minor child out of state. If the agreement is vague as to the timesharing for the summer and the father is unreasonable withhold consent, you can motion the court to allow you to go to North Carolina. However, you might now get a hearing in time for July. You might want to mention something about this situation at the final hearing. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com  ... Read Answer

I am not sure what you mean by a "free" divorce. However, if you husband was already married when you married him- bigamy. This makes the marriage void and is grounds for an annulment. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

There are no "guidelines." However, if you are worried for the well being if your children you can file a Motion to Temporary Suspend Timesharing or limit timesharing to no overnights until your ex can provide separate bedrooms for the children. However, if it is not financially feasible for him, the court might not impose such a burden on him. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

Florida statute defines income very broadly. Hence, disability income, including military disability income is considered income for the purpose of paying child support. Florida Statute 61.30 defines income for the purpose of child support. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

It depends. Did you use marital funds to purchase it? For example, there were money in a savings account, accumulated during marriage that you used to purchase the car, than it is marital. However, if after the divorce was filed you went out, got a loan, and purchased the car, than it is not marital. However, if you traded in a car that you had during marriage, then some amount (the value you received for the trade-in car) of the car you just purchased will be marital. The operative date is the date of filing for the divorce, the "separation" date does not play a part in the demarcation of marital vs. non-marital assets/debts, unless the parties agree to this date. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

Usually, when I draft a parenting plan I include a "right of first refusal" option, meaning if the timesharing parent during his/her time will be away from the child for X hours, the other parent has the option to spend the time with the child instead. Check your parenting plan for that option. The grandparents have no rights in Florida when it comes to seeing their children over the objection of the parents, so they cannot "fight" you on this matter. If the court already ruled on this matter and established a parenting plan, to modify you would need show that there has been a substantial, unanticipated change in circumstances and that modifying the timesharing would be in the best interest of the child (see form below to file for Modification). While spending time with the grandparents is not necessary bad for the child, if you are available to be with the child at that time and the Father is not, the argument should be made that the timesharing should be modified where the Father and not the grandparents need to spend time with the child. http://www.flcourts.org/core/fileparse.php/533/urlt/905a.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

The birth certificate does not really mean much when it comes to "custody" (what is now called timesharing). If the child was not born during an intact marriage, you need to file a Petition to Establish Paternity (see form below). http://www.flcourts.org/core/fileparse.php/533/urlt/983a.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

Florida law does not have set rules as to age at which the child can be left alone. The Department of Children and Families website suggests the age of 12 see link below for more info https://www.dcf.state.fl.us/programs/childwelfare/caregivers/whentoleaveyourkidshomealone.shtml Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

A parent has no obligation to pay child support past the child's 18th birthday and definitely does not have an obligation to pay college expenses. Unless there is a court order/marital settlement agreement that says otherwise. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

You must file a notice of appeal within 30 days of rendition of the final order or you waive your right to appeal. Usually appeals are very costly and difficult to do without an attorney. You might want to see if a local legal aid clinic would take your case. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

You need to immediately file a Verified Motion for Temporary Injunction to Prevent Removal of Minor Child (form below). Make sure to include as much detail as possible, including the previous DCF issues and how you found out that she is planning to remove the child from the state. http://www.flcourts.org/core/fileparse.php/533/urlt/941a.pdf After you file the Motion, drop off the motion and the order (http://www.flcourts.org/core/fileparse.php/533/urlt/941b.pdf) with the judge's judicial assistant and ask him/her to call you when/if the judge signs the order. Thereafter, you need to serve the motion and the order on the Mother (sherriff's office can help with this). It also sounds like the child might be at risk of being abused again by the Mother's boyfriend. So, I suggest you file a motion to establish paternity and suspend timesharing with the mother. There is no form motion. You need to pretty much ask the court to establish paternity and temporary place the child with you based on the above specified facts. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com  ... Read Answer

   I don't know, why ARE you still paying child support? Child support in Florida terminates when the child turns 18 or, depending on when it was entered, when the child graduates high school, provided there is a reasonable expectation of graduation before age 19, whichever later occurs.    It could be that perhaps you entered into a settlement agreement that provided you would pay child support beyond the above period of time.    It could be that you owe arrears and are paying off the arrears.     It could be that the support is deducted by an Income Withholding Order from your pay and there was never a directive for it to stop.     There are probably a few other potential "could be's" be since I do not have the benefit of reviewing your Settlement agreement and/or Final Judgment I cannot give you an absolute answer.     If  you believe that support is being wrongfully deducted from your income then you should request the court for an order requiring it to stop.  You can also contact Support Enforcement and see if you have arrears.  Hopefully it is just an error and it can be easily resolved.   Best of luck, 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

what does the ex-BF want?  You should not ignore a court paper.   A notice of a hearing would not have a Judge's signature.  You really should have an attorney look at the paperwork.  Since it was sent by an attorney it probably could be a problem if you don't show up.  At the very least, you should contact the attorneys that did the adoption and ask them to look at the paperwork if it is related to the adoption.   M. Miller... Read Answer

You do have a choice in the matter.  You can select a family of your choice (who has a valid home study) to adopt.   That way you can make all decisions about who can adopt them...and maybe have an open adotption plan, if you want.  Let me know if you have any questions.  Mark Miller - Adoption Attorney. (jacksonville)... Read Answer

In order to get a "divorce decree" which is the final judgment, one of the spouses (the petitioner) needs to attend the final hearing. Depending on the judge's schedule that can happened rather quickly. Call the judge's judicial assistant to set up the hearing.   Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

To answer your first question, if your ex is not paying his court ordered child support and alimony, he is in contempt of the court order. You can file a Motion for Civil Contempt/Enforcement (see link for the form motion below). http://www.flcourts.org/core/fileparse.php/533/urlt/960.pdf To answer your second question, unless the trial or appellate court explicitly grants your ex a stay (meaning no further action can be taken, including enforcement of the order) your ex must comply with the court order and pay child support and alimony.   Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S.Vova, P.A.... Read Answer

My response in only based on the facts you provided, as I do not have any other facts regarding what kind of parent you are vs. your spouse. All things being equal, the courts try to have 50/50 timesharing between the parents. So that is your worst case scenario so to speak. He would not get "primary custody." However, your Husband living so far away from where you and your daughter live, 50/50 timesharing might not be possible. If he wants for your daughter to relocate and live with him, he would need to petition the court. Please see the statute below that includes the factors the court uses to arrive at a parenting plan. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13001.html - relocation statute Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

You can simply inform your attorney that you are not happy with her services and hire a new attorney. The new attorney will contact your previous attorney to arrange for a substitution of counsel documents to be filed with the court. It would also be helpful if you get all your files from your attorney to bring to your new attorney. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

In order for a minor child to testify in court, you need to formally petition the court. Please see the form below http://www.flcourts.org/core/fileparse.php/533/urlt/944a.pdf Since the child is almost 18, the child will most likely allow her to express her feelings regarding seeing her father. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

  First, are you writing this for your"friend" or yourself?  It really doesn't matter since you've not left your name.   Either way, you or your friend should file a Motion to Prohibit Mother From Leaving the County and/or State.  Since paternity is established she is not permitted to make such a move without the Court's approval (another whole process) or your written agreement.  Of course, if she does move, there is a process to return the child, but better to be proactive.  Along the same lines, you can file a Motion for Temporary Timesharing. The most difficult part is getting a hearing before the court, depending on what county you reside in, since courts in larger counties are often backed up.  Still get it when you can so you can proceed if mediation is unsuccessful. Best of luck, Cindy S. 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