Florida Family Legal Questions

Both you and your husband have equal access to the children in the eyes of the law, since there is no other timesharing (custody) agreement agreed upon or ordered by the court. However, if he is not actually taking the children 50% of the time, he cannot just say he is, in order to lower his child support obligation. Also, since you and your Husband no longer reside together, he should be paying child support. If do not believe that  it is in the best interest of the the children to spend 50% of the time with their Father, you need to file a petition for divorce and request that relief. Please see below helpful forms to file for a divorce and to fill out a parenting plan. You can also fill out an Indigence Affidavit at the courthouse to see if the clerk will waive the filing fee. 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

You will need to proceed in a FL court, as this is the home state of the child (where the child has resided for the last 6 months). First, I would suggest you register with Florida Putative Father Registry, link below: http://www.floridahealth.gov/certificates/certificates/birth/Putative_Father/index.html I am not sure through which legal mechanism the grandparents gained "custody." So, be careful as to making any agreements exclusively with them, as most likely the mother needs to be part of this process as well. Second, even if you reach an agreement with grandparents/mother, you still need to file a case in FL (Petition to Establish Paternity and Related Relief- link below), as you would want to file the agreement with the court and have a judge ratify it, so it can be later enforced. 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

If the "parenting agreement" which I assume to be a parenting plan was ratified by a court order you can file a Motion for Contemp/Compell Compliance with the Parenting Plan.   Best of Luck, Helena Y. Farber ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

FL Family Law Rules of Procedure 12.105 is the simplified divorce rule and 12.285(c) is the rule regarding the financial affidavit. https://www.floridabar.org/TFB/TFBResources.nsf/Attachments/416879C4A88CBF0485256B29004BFAF8/$FILE/Family.pdf?OpenElement Best of Luck, Helena Y. Farber ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

In the eyes of the law you are a legal stranger to your son. The mother of the child is the only legal parent recognizable by law right now, and can take your child anywhere she wishes. I suggest you immediately file a Petition to Determine Paternity and Timesharing in the Circuit Court in your county. You must do so before she leaves. See form below. http://www.flcourts.org/core/fileparse.php/293/urlt/983a.pdf Best of Luck, Helena Y. Farber ~Associate Attorney ~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

Did you have your son reside with you as a result of a court order ? If so, and if that court order specifies that the Mother is not allowed to have the child with her at this time, then you need to file an Emergency Verified Motion For Child Pick Up Order (http://www.flcourts.org/core/fileparse.php/533/urlt/941d.pdf). However, make sure that the order you have is an order from a FL court. If the order is from a court of any other state, that order most likely reserved jurisdiction, and you would need to litigate in that state. IF, you and the mother were never married, then you will need to file a Petition to Establish Paternity and Timesharing. http://www.flcourts.org/core/fileparse.php/293/urlt/983a.pdf. From the facts you presented, you and the child lived in FL for 2 years, so state of FL would be the home state of the child, and you can file the Petition in a FL circuit court where you and the child reside.   Best of Luck, Helena Y. Farber ~Associate Attorney ~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

It largely depends on the terms of the settlement agreement you entered into. However, generally, you must show a substantial change in circumstances which would warrant a change in the support amount. Such changes would include a significant decrease in your pay since the original amount was entered, an increase in the payee's income, changes in timesharing and the like.... Read Answer

Your situation is tricky. Here is the law as to jurisdiction over the child: Florida Statute 61.503 "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child custody proceeding. "Person acting as a parent" means a person, other than a parent, who: (a) Has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and (b) Has been awarded a child-custody determination by a court or claims a right to a childcustody determination under the laws of this state. The "and" part is the tricky part of your case. If you do not have court orders allowing you to keep the child, he might argue that FL has no jurisdiction over the child. I definitely recommend retaining an attorney in OH to argue dismissal due to lack of jurisdiction and forum non conveniens and retaining an attorney in FL to file either a Petition for Temporary Custody by Extended Family or Petition for Concurrent Custody by Extended Family, depending on how you want to handle this matter. It would be beneficial, if before the OH hearing you have something pending in a FL court. Best of Luck, Helena Y. Farber ~Associate Attorney ~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

Did you settle at mediation? If there is a settlement agreement, it needs to be filed with the court, and you need to ask the judge's judicial assistant to set the final hearing to ratify the settlement agreement. If you did not settle at mediation, and the Guardian ad litem finished his/her investigation, and filed the report, then you need to file a notice to set matter for trial. Depending on the court, the judge's assistant will call you and the other party with trial dates, or set it on a two to three week trial docket. Depending on whether this is a divorce/paternity/modification case, there might be other discovery related steps in between. Best of Luck, Helena Y. Farber, ~Associate Attorney~ Law Office of Cindy S. Vova. P.A. www.vovalaw.com... Read Answer

The answer is - it depends. Were you and the custodial parent married, and currently separated/getting a divorce/already got a divorce? If you already filed for divorce, you can also file a motion for temporary timesharing, ask the judge's judicial assistant to set it for a hearing, and present your issues to the judge. If the parents were never married, and the "none custodial" parent is the father, was the paternity established? If not, you are a legal stranger to the child and not entitled to "visitation" (legal term is timesharing). Therefore, you need to file a Petition to Establish Paternity and Timesharing. Best of Luck, Helena Y. Farber, ~Associate Attorney~ Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

  Your inquiry does not state, but do you have a court-ordered time sharing plan, or has one never been established?  If you only had an order establishing paternity and child support, then you may not even have any legal rights (that have been established) to haver your daughter with you.    You would need to file an Emergency Motion for Temporary  Change in Timesharing, and also a Petition to Establish timesharing or to Modify what had been previously established.   You need to be prepared to show the court why it is in your daughter's best interest to no longer live with her mother.   I am also assuming that both mother and father live in Florida?  There are other complications if not, but the case should be filed where the child last lived. Best of luck, Cindy Vova Law Office of Cindy S. Vova 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496... Read Answer

    Unfortunately, in Florida adding your name to the birth certificate is insufficient to establish paternity.  The only way to do so is to file an action for paternity in the county where your child resides.         If you have not already done so, there are forms available on line at http://www.flcourts.org/core/fileparse.php/293/urlt/983a.pdf, along with instructions on how to complete same.      If the mother admits paternity, then you can ask the Court to enter a Final Judgment of paternity, which they courts will sometimes do even before timesharing and child support have been established.  This is important because while the action is pending and before paternity is established, she can relocate and you will be helpless.     As to your questions about taking your child now, although I feel your pain, it is best if you wait until paternity is established because, legally, at the moment you do not have those rights, and you do not want to do anything that is in violation of the law.  Lack of knowledge is not a good defense, and you want to look best in front of the court. 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

You do not have to agree to her request for a later court date. However, in order for your ex-wife to have her request granted, she would need to schedule a hearing in front of the judge and have the judge decide. From the facts you presented, it looks like you have a hearing scheduled on your supplemental petition for modification. Most likely what will occur is that you will show up at this hearing and your ex may or may not show up (since she might be in rehab) and the judge will see that she filed a request for a later hearing date, and the judge will most likely continue the hearing date, as the judge would want your ex to be present at the hearing, and your ex has somewhat of a good excuse for requesting this extension. If your ex has a pattern of delaying the court proceedings, the judge might not grant the extension, and will hear the arguments on your supplementation petition for modification. I would suggest that you acquiesce to your ex's request in order to make sure that when you do have a hearing date for your petition, that your ex has no excuses for not being there or not being prepared. Unless her request for extension  is for some outrageous amount of time.   Best of luck, Helena Y. Farber, Esq. ~Associate Attorney ~ Law Office of Cindy S. Vova, P.A. Tel: 954-316-3496 www.vovalaw.com... Read Answer

  In order to change a child's surname, both parents must consent to same.  You should have been personally served with the petition for name change by a process server.  If a process server filed a return of service on you, and no answer was filed by you, then the court would enter the name change.   However, if you truly were not served, you can file a Motion to Set Aside the Judgment on the basis that you did not have true notice as required by law. This would have to be filed in the Court where the judgment was entered, and you would have to find out the procedure to set such a hearing before  the judge who heard the name change petition.    You can view the court file and see what the process server's return of service says as to who was served and when.   Good 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

If you meet the residency requirements for filing divorce in Florida, then you can file in Florida.  In Florida, the law requires that you reside in Florida for at least six months before filing.  Otherwise, you would have to file in the jurisdiction where you were married, which appears to be Pennsylvania. When you refer to filing legal separation, it sounds like you are referring to the date of separation during the marriage.  The date of separation was likely triggered when you left the marital residence. You should consult with a divorce attorney in Florida to determine your rights.  It is important to note that the state where you file is important, because different states have different laws regulating child support, custody, and so forth. ... Read Answer

   No....in fact, time sharing and child support are not related.    "Taking away" rights to a child is a very difficult and daunting legal procedure and is only used in the most extreme of cases where a child is in jeopardy because the other parent  is involved in decisions and/or has time with the child.     You indicate that the father had financial troubles, but now he is doing his bet to catch up with his obligations.  So, perhaps you should reevaluate your question.  Children are entitled to have a mother and a father unless that contact is detrimental to the child. 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

   Don't you just love what a hassle it is for a decent, law abiding citizen to get a driver's license?  Since the problem is that your birth certificate was wrong (or right, but your mom and step dad did their own name change) then it is probably "easiest" if you petition to change your name from your birth last name to the last name you grew up with (and, I believe is on all your pertinent documents).  In that petition you would have a right to get your birth certificate changed, and then you could use the new birth certificate to satisfy the  DMV.   You do not mention if you have another last name now, but, I am assuming you are still traveling under the last name you have used since age 5.  Then this will work.    There are forms available on line for you to try this on your own.  I had a client who wanted to do this once, but threw up his hands in frustration and then asked me to do it.  Give it a try...if you have enough time before your license expires.  if not, contact an attorney in your area who can assist you. Best wishes, 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

   Why does Walter Scott come to mind in answering this question ("Oh what a tangled web we weave, when first we practice to deceive.")  But as to an attempted answer:   Florida Statute, Section 382.013 (2) PATERNITY.— States: (a) If the mother is married at the time of birth, the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.   So it seems the ex "practiced to deceive" by not inserting daddy/husband's name on the birth certificate.  And, in so doing, it also appears she violated the above statute.  Although she had a right to change her name back to your surname (as a name she was previously known as) not so for the little offspring, unless mom and dad had consented to that name change.   With that said, I cannot ensure how you can get your name off the birth certificate.  It may be that you have to have the divorce reviewed (to see if the child is listed as the ex's child in the dissolution action) and then re-open that case, ask to intervene in the case, and then ask for the name to be changed.  Sounds a little complicated to you?  You're correct.  Perhaps you could request that your ex do this, but to change the last name she needs the ex's consent.  How did this father let his kid have your name to begin with? Hope you can get cooperation and hit the easy button to resolve this.   Best regards, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.coom 954-316-3496   ... Read Answer

  You cannot modify the terms of your settlement agreement without a court order.  So, if you take the dependency deduction you are technically in violation  of a court order.  Notwithstanding that your ex is violating the order by not paying support, you have not taken him to court to enforce your rights.  And, unfortunately, two wrongs don't make a right in the law.   Now the IRS may see this differently, and from what you described the IRS would be okay with you taking the deduction.  Still your run the other risk, so unless you go to court and get the deduction as a remedy from the court, you cannot take it.   Sorry, I wish I could tell you otherwise. 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

The simple answer is that parties cannot bind a third party to do something.  If parties want a third party to be bound by that contract, that third party needs to become a party (signatory) to the contract.  So, from your description, sounds like if your daughter directed her mother to say whatever it was the contract specified, then there's no breach.  Furthermore, if the mother wasn't a party to the contract, there's nothing by the contract that would obligate her to do anything.  As an additional concern, while contracts can cover a pretty broad spectrum of issues, there are certain things that will not be enforceable by a contract.  Here, the mother is supposed to say something specific to the children - I see an issue with that.  So, long short, to anwer your question, from your description, this contract doesn't have any control over your wife.... Read Answer

You need to comply with the "Florida Relocation Statute" if you move more than 50 miles away.  This will require that you file a petition with the circuit court and serve the father. He will then have an opportunity to respond and a judge may ultimately decide the matter.  I do not recommend simply moving more than 50 miles away.... Read Answer

   Congratulations, you are stuck in the quagmire faced by many parents where the state pursues collection of child support (which, by the way you do have an obligation to support your child), but where you have no rights in that particular case to pursue obtaining a timesharing schedule and parenting plan so you can get time (court ordered) with your child.     The solution is to file a separate suit in the family division of the Circuit Court of Orange County.  Now, although you live in Alachua County, since the child lives in Orange and presumably the mom, that is most likely to be the proper venue (place for filing the suit).  In that suit you can ask for the court to fashion a parenting plan and time sharing schedule.     You many not be on the birth certificate...You can ask for a copy in the suit.  If there has been a paternity test and/or you've admitted paternity, you can ask for the court to order that your name be added to the birth certificate.  And while you're at it, you can request that your last name be added to your child's name as well.     You would be best served to contact an attorney to help you navigate all of this, or at least have a consultation to get you some more information to get on the right track. 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     ... Read Answer

because you are paying child support there must be a paternity finding that he is indeed your son every child has the right to see both parents if it is in the best interest of the child which is the presumption in Florida you would have to file a petition for visitation or a motion to enforce visitation if there is already an order in place it is a little more complex than that but that is a beginning.... Read Answer