Florida Family Legal Questions

   Ms. Humphrey:          If the court documents were executed in TExas, then you should contact a Texas attorney to see  what can be done.       Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785... Read Answer

Ms. WIlson:     Once a judge takes your rights to your children away it is a difficult process to try and change this result.  You don't say when this happened (i.e.: if there is still time to appeal); whether this is temporary; whether this was in a dependency proceeding or family court, to just name a few questions that would need preliminary answers.    This is most likely a question that transcends answering in this forum.   This is a situation where a consultation with an attorney in your area would most likely be your best bet to see if and when you can try to see your children again.   Best of luck to you.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

If you have an open investigation then DCF can keep you in Florida, but if there is no open case or any investigator contacting you then you should be free to leave the state with your daughter and if DCF has any issue then they may verify that your daughter is safe through Alabama's social services. ... Read Answer

Yes, the judge in the Dependency Court has the authority to do soif the court determines that this is in the best interest of the children. The mother (your girlfriend) can appeal the court's decision but if there is substantial, competent evidence at the hearing to support the judge's decision, it will stand. ... Read Answer

Dear Mr. Briggs:       Under Florida law, alimony is based on the need of one party to receive it and the ability of the other party to pay.  Since your wife has been gone over five years, and presumably has not received support from you during that time (although you do not say one way or the other) there is certainly a strong argument that she does not have a need for alimony.    Also, you indicate that your are retired from the military, and if you are also retired and of "retirmeent" age,  if you are depending on your military pension for your income, then you may not (after dividing it with her) have an ability to pay alimony, even if she has a need.    These are just general parameters.  There is no hard and fast  correct answer to your questions, and you should consult with an attorney who could review more of the facts of your specific case and guide you accordingly.   If you are in the South Florida area feel free to contact our office. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca/Miami-Dade 954-316-3496  ... Read Answer

Thank you for your question. You can create an addendum to the prenuptial agremeent to reflect the change in circumstances surrounding the agreement's teatrment of the house you were to get in the event of divorce. You will need to have a brief session with an attonrey in the family law field as you need sufficient consideration (i.e., something for whcih both parteis have bargained) in order to support a substnatial change in the existing prenuptial agrement.  So, the language will be implortant as well as proper exectuion of the new agreement.  This is not complicated but must be done properly. In the event of a divorce, spouses will look for any flaw to set aside a post-nup. Good luck and enjoy North Carolina!... Read Answer

I'm sorry you're having this problem with your husband in the middle of this divorce case. I assume that you and perhaps your usband are representing yourselves in this case. If you did not sign the 'pencil-filled draft agreement' you sent to your husband, it is of no effect. He can notarize his signature and send it to court but without you signing it as ell, the judge will not accept it as a final settlement. If there are suspected hidden assets or you have property issues of significance (real property, the marital home, pensions, overseas accounts, etc.), you really need some legal advice from a competent family law attorney. You should see from this experience that divorce is not alwasys simple and easy to handle by yourself. A good lawyer will know how to send discovery (i.e., formal requests for documents) to your husbnd to get a omplete financial picture Only then should a settlement agreement be prepared for consideration by both partieis. If it still won't sette, you can try court-ordered mediation to settle your case. Good luck!... Read Answer

  Generally, Federal law preempts state law in the area of military retirement pay and its division. For example, the Uniformed Services Former Spouses' Protection Act ('USFSPA') may cover the right of a state court to deal with alimony issues in divorce cases. I regret that you did not avail yourself of divorce counsel knowledgeable about military divorce law prior to or at your mediation. Now that the final judgment has presumably been entered and you are in pay status under your military retirement, you need to locate and speak with a divorce lawyer with knowledge of the USFSPA as soon as possible. It is a complex are a of law quite apart from Florida law and requires specialized knowledge. Please do not delay. For any attorneys reading this answer, please refer to The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families by Mark E. Sullivan published by the ABA. It's the 'bible' for military divorce cases. ... Read Answer

I am sorry you're experiencing this much difficulty with the father of your sons.  If he does not want to go to counseling, you have one of two choices: Continue with this impasse over parenting or seek court relief. You cannot have a guardian ad litem appointed unless there is an open court matter. You can both agree to see a parenting coordinator ("PC") to help with the timesharing issues and the other issues as well, but again, only if both agree to go to the coordinator or the court orders it.  Since the lack of compliance with the timesharing is a way to get a court's attention, you may try filing a Motion for Contempt relating to the timesharing and then ask the judge to refer you both to a parenting coordinator. I have been a PC for over three or four years and court-appointments are the way to go.  Again, both of you can agree to go to a PC if you wish. I hope he will ‘see reason' for the best interest of the boys and go to the parenting coordinator.  If not, the court can assist you. - David B. Mitchell, Esq., Coral Gables, Florida... Read Answer

  Your situation is unfortunately not unusual with parents dividing time with their children.  You have a two-part question. First, your court order controls all questions of custody and timesharing runless and until a court rules otherwise. As your son is 15, it is likely the court may appoint a guardian ad litem to interview all concerned and make a recommendation to the court as to where the child should primarily reside - with father or mother. A 15 year-old's wishes may carry great weight for the court if the judge determines that the wishes are in the best interest of the child. At 15, his age presumes a sufficient maturity to give a knowledgeable opinion on preference. Now, as both of you have different parenting styles and disciplinary approaches which seem to be at the heart of your issues, before anyone returns to court I would recommend both parents seek the assistance of a Qualified Parenting Coordinator to assist you both. (Florida law provides specifice training requirements to become a Qualified Parenting Coordinator.)  If the situation merits a more intensive assistant, you both may wish to seek family counseling to reconcile your competing philosophies on parenting styles.  This may even avoid the need to return to court.  Good luck to you both and the child.  ... Read Answer

I am sorry you are having these problems with the father.  However, you are in a good position to get the relief you need. Your court order is the  'blueprint' or guidelines for all matters relating to custody and timesharing (visitation) between the father and your child. If he is blocking your timesharing by taking the child from you without permission, then you can return to court to enforce your rights. On your other question, the preference of the child as to which parent with whom the child wishes to live is only one factor in the court's decision to change custody. That depends on the age and maturity of the child, the reason for the preference and, ultimately, what is in the best interest of the child. If this involves a very young child, the court may appoint a guardian ad litem to interview all involved and make a recommendation to the court. If the child is older (16 and above, typically), the preference of the child may be the key factor.  ... Read Answer

There is a subsantial change that has occurred by the incarceration of the child's father.  You can request a modification in the final judgment to change the time-sharing upon his release, especially if it is based upon a drugs or violence and not just stability.  The court will look at the best interest of your son in determining if any restrictions should be placed on the father's access to your son.   Due to the time it can take for the court to resolve the case, you would want to act as soon as possible, otherwise the father will be out of incarceration and thus you may waste time and money if you wait too long. ... Read Answer

I am sorry your son was ill or injured and required a hospital stay. I trust he has recovered to the point where he is now released. You didn't say if you were married to the father of your son, but for purposes of this response I am going to assume you are not as you did not refer to the father as your husband. You wrote that your son is living with his father and both are living with his parents. You would like to see your son but apparently the father is not allowing you to do so. I am not sure how old is your son but am assuming he is quite young. I am also assuming that you are a Florida resident as is the father and his parents, and that your son has lived in Florida for the preceding six months. All that said, if  the paternity of the father has not been established, you need to do so by filing a petition to establish paternity in the Circuit Court covering the county where the boy lives. The court in the paternity case will determine several issues that will help you: First, the court will determine that the father is the legal/biological father of your son. Second, it will establish that both you and the father have joint decision-making rights regarding your son, which include medical care, education, etc. Third, the court will order a timesharing (visitation) schedule for both you and the father. This will set when you can see you son, have your son stay overnight with you, and the like. Fourth, the court will set child support which is determined by your income, that of the father, and the amount of overnight timesharing each of you has with the boy.  The key criterion the court will use for the second and third issues (joint decision-making and timesharing) is to determine what is in the best interest of your son. Once these rights and obligations are established by the court, you can enforce your right to see your son. Best wishes to you. - David B. Mitchell, Esq.  ... Read Answer

Your problem is very common in our mobile society. I am sorry that your spirit of cooperation with your ex’s work schedule changes has not been reciprocated now when you need it. (Note that in Florida, ‘visitation’ is now called ‘timesharing’. Same idea, new term.) Your schedule change and the suggestion you have offered -holidays and summers visitation only, down from three weekends per month- will result in a significant drop in your visitation time and possibly result in higher child support. Child support is calculated in part on the amount of overnight visits your children have with you. Here are some suggestions for you: First, do not sacrifice your job over this issue. You are correct that it is the source of income for both your child support and your new family as well. Second, you should contact a qualified parenting coordinator to see if you and your ex can work with the parenting coordinator to craft a new visitation arrangement that will offer you more than just ‘holidays and summer’ until your work schedule is more accommodating. Alternatively, if you cannot find a qualified parenting coordinator then locate a certified family mediator to meet with both of you as a neutral and see if a new arrangement can be drafted for approval by the court.  If all of those options just will not be feasible, you can return to court for a new arrangement, but this is the least desirable and likely most expensive option.  Your kids need a devoted dad like you, and you should not give up. Good luck!  ... Read Answer

I am sorry you have been caught up in a legal quagmire but perhaps I can help.  I am not sure if your child support obligaiton was created in the Family Division of the Circuit Court or the Child Support Enforcement Divison through the Florida Department of Revenue, which is an administrative court procedure.  Not to be too technical, but it can make a difference in how you proceed. Your ex-wife's refund is most unusual and I applaud her honesty! I also understand that the arrears shown on your record is now cleared.  Here is what I would recommend: The court (or administrative law judge) has ordered bi-weekly payments. Take your monthly child support amount and break it down into bi-weekly payments. Bi-weekly means that the monthly amount times twelve months (for one year) is divided into 26 equal parts, as opposed to bi-monthly which is twice a month, or 24 equal payments made per year.  Pay the bi-weekly amount every other week. No more, no less. From what you said, that is what the court (or administrative law judge) has ordered. There is no need for you to "pay extra" each month. Concerning your last quesiton about how to consider any 'extra' that you pay each month, I am assuming that you are paying your support through the Florida State Disbursement Unit ('SDU') in Tallahassee, which is standard. If so, your record at SDU will show a surplus that you are carrying. I am not sure if the SDU is sending that to your ex-wife along with your bi-weekly child support check or just carrying it forward on its books. You should contact the SDU and ask for a copy of your paymnt history printout. This will tell you if the SDU is sending the money to your ex-wife (and another refund check is in order) or if it is just being 'banked' by SDU. If banked, you can ask the SDU how to reduce/eliminate the surplus. Contact SDU at P.O. Box 8030, Tallahassee 32399 or at (800) 622-5437 (but I would expect lots of phone delays).   I hope this helps.          ... Read Answer

Thnank you for your question. If you and the child are in the U.S.A. on medical parole from the Cayman Islands, you, the father and the child (who are all Cayman nationals) remain under the jurisdiction of the Caymans for purposes of your question. Under Cayman Law,  the following is from the applicable Cayman statute: "15. (1) Where a residence order is in force with respect to a child, no person may (a) cause the child to be known by a new surname; or (b) remove him permanently from the Islands, without either the written consent of every person who has parental responsibility for the child or the leave of the court." So, without the Cayman father's written consent or a Cayman court order, you may not change the child's surname under Cayman law.  Tha applcaible Cayman law is found at Children Law (2012 Revision), Part II Order With Respect to Children in Family Proceedings, Section 15, Change of Chjild's Name or Removal from Jurisdiction.  You may look at the statute for yourself at www.gov.ky/portal/pls/portal/docs/1/11525525.PDF.  Of course, as this is a queston of foreign law, you may wish to check with a Cayman attorney before reaching a final conclusion as to your course of action. Good luck!      ... Read Answer

I am pleased that you have taken the responsbility for caring for your grandson. Your post did not say for what you are filing: Medicaid, Social Security Disability, etc. I would suggest you consult with either a disability rights advocate or an attorney who handles disability/Social Security cases. They should have experience in this area.... Read Answer

First, your question doesn't say if your son is living with you by a court order or Final Judgment or just an informal arrangement between you and the father.  In any event, be very careful having your son live with the father by written agreement or by informal agreement. If it lasts long enough and is workingwell for your son, it could result in your loss of custody should you request your son's return some time later. However, a properly drawn agreement stating that the arragnement is just for the child's education ONLY can be of great help should the father refuse to return your son. Again, be careful and ALWAYS consult a family law attorney before doing this.... Read Answer

You should not be threatened by anyone, period, especially with a threat of physical violence.  Should you feel tha the threat is 'real' and imminent, that is, likely to occur very soon, you should seek an injunciton to protect you.  Florida law provides for an injunction in cases of dating violence, stalking, domestic violence and in other situations.  You may wish to file a police report as well just to place law enforcement on notice of the potential for violence by this woman.  Incidentally, since the father has left your household where you live with his other chilren, you may wish to consider filing an action for child support or, additionally, for paternity. If you are having financial difficulty, you may seek the services of the Child Support Enforcement Division of the Dade State Attorney's Office. They can assist you in establishing and collecting child support at no charge to you, particullary if you are curtently receiving any form of state assisatance (Medicaid, SNAP, etc.). Good luck to you and the children.  ... Read Answer

  Dear Ms. Henderson:    If the court denied your relocation petition in 2013, and you did not go back and try again (because of a change in circumstances) then certainly the Court could make you return to Florida or, alternatively, give the majority timesharing to your ex husband.  The latter may be unlikely if his criminal conduct would be detrimental to your children.   Now, with that said, since it has already been three years, it is possible your ex will not file any court papers to have you return.  And, if he did, and the judge granted it, you could then refile to relocate.   Another matter in your favor ist that there is an argument that the Florida court lost jurisdiction over your children because they have been out of Florida for more than 6 months.  That would be the first matter i would raise if the ex filed to have the children returned and that may win the day.   And, as you know, the best defense is an offense.  So if the ex tries to do anything, the fact that he has not supported the children does not help his case.  Of course, that assume he knows where to send support because you moved, that could be a problem as well.     So if he does try and file to have the children returned, I do suggest you contact an attorney. There are many issues here, and competent legal counsel can assist in helping you stay where you are. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward: 954-316-3496 Boca Raton: 561-962-2785 info@vovalaw.com    ... Read Answer