Florida Family Legal Questions

Upon the completion of mediation, if there is an open family law case then the mediator will file the outcome of mediaiton, including any agreements with the Court.  If there was mediation in contemplation of possible litigation then the Court would not have approved the agreement.  If both parties sign an agreement, then it is arguably a breach by one party for not complying with the contract, but if there is a court case and the mediated agreement has been approved by the court then it becomes an order of the Court and non-compliance can be considered contempt.  The only means by which to modify a mediated agreement is for the parties to come to another agreement.  The mediated agreement for which you have entered into at this time does not expire, once you sign the agreement, it is essentially a contract. ... Read Answer

 Certainly you do not want a person with a suspended license driving your children, nor does the court.  However, lack of a license does not mean he gets no timesharing. Typically, the transportation responsibilities are  shared by both parents.   What typically works nicely is that the parent beginning his/her timehsaring picks up the children.  So when the father would begin his timesharing, under this arrangement, he'd pick up.  Absent a license he could ask a friend or relative to drive (who has a license) or he should get an Uber account.  Then, when the father's timesharing ends, you would pick up, becausd you'd begin your timnesharing.  YOu might want to suggest this arramgement, and make sure to include he cannot dirove with a suspended license (he might at some point have it reinstated) and that the transportation is shared- as I suggested above, if you think that will work for you.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785  ... Read Answer

Yes, all children have a right to be supported by their parents.  You can file for paternity and child support even if he does not sign the birth certificate.  Under a child support case, the issue of paternity would come up and he can deny paternity and then be ordered to take DNA testing if he denies the paternity. You can go to your local Department of Revenue offices for assistance in getting child support, or you can file with or withou a lawyer for child support and establishment of paternity.     Forcing him to sign is not necessary - filing for child support is necessary. ... Read Answer

Unfortunately, grandparents do not have rights in the State of Florida, but when DCF becomes involved family members may attend court proceedings and request placement and access to their grandchildren.  If DCF has not provided access, then you will need to find out the next court hearing to attend and request visitation from the Court.  An attorney would make this process easier, but nonetheless, you will need to attend court and request access so the Judge is aware of your desire and can make a determination and ruling on any level of access. ... Read Answer

Losing parental rights based on the best interest of the child or because what? Why or how did you lose your parental rights? If you can not afford a private attorney you can contact the Family Court clerk and find out if they have a free court appointed attorney available. If they do, GREAT! If not you can contact local law school clinics and see if they can assist you. If that also doesn’t work out, you can contact my office and we can set you up with a Family Law Paralegal, but that would require you to represent yourself in court without an attorney. Aside from the options I have provided I don’t think there is anything else available. If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com... Read Answer

Juan, You need to file a petition for child support modification in court. You can do this on your own without a lawyer. The sooner you petition the court the better, otherwise, you will go into default and it will get difficult to back pay owed support. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager. ... Read Answer

Hey Natasha, sorry to hear what you are going through. There is nothing much or just about anyone that can do anything to stop him from getting 50/50 unless you have good evidence that can be used to limit his parental time. If you don't have an attorney you should consider hiring one. We do help Pro Se on a low fee as well. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free 15-minute consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager.... Read Answer

I totally agree with you in not allowing her to see the kids. The 18-year-old is presumed to be able to make his/her own decision, the little one you still have control over. You should give her access and opportunity to make contacts with them. Whether they answer or not is up to them and her. We can certainly try to help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer

First, did you buy the house already and moved or are you in the process. You should inform the court first about your move as this will become an issue. You will need to prove to the court that the move is legit and is for the best interest of the child. The attorney you hire can do that for you. This can result in a litigation battle. At least the move is not like out of city or state so its not that bad. You just need to play it like get a little give a little. So you can also show the court that you are not going to be reducing the father's rights or anything and willing to work with the other parent in a cooperative manner as the move is for the best interest of the child. We can certainly help you evaluate your options. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Florida... Read Answer

It appears that you do not have trust in your attorney. Normally, attorneys use this method if and when parents can't be cooperative. The checks have to be made out to the attorney name, and then the attorney deposits into his attorney account, then transfer it to you. Look at it this way, if you were to buy a house, you will make payment in your attorney name. The attorney will be responsible for making the payment to the seller.... Read Answer

You can certainly have your wife adopt the kids however, it will be contingent on the approval of the biological mother. As putting the kids up for adoption to your wife will voluntarily terminate her parental rights and responsibilities. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Florida.... Read Answer

You should petition the court for visitation. It will work out in your favor. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Florida.... Read Answer

When your attorney starts behaving like you say, is a sign that the attorney has no longer interest in the case. You mentioned you have a court hearing coming up, you should consider hiring a good lawyer that can handle the case well from this point on. While you are working on trying to get answers from your current lawyer, you should also be interviewing new attorneys for hire. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. Feel free to give us a call for a free consultation. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Florida.... Read Answer

2Your sister can take the primary custody of the child if she has better living condition and income. However, you will need to get a lawyer to help you. Hiring a lawyer is not cheap and not many courts have free family lawyers. The best option I think would be to see if you can start to move in with your fiance and start a life with him at his place while you get back on your feet. Give me a call if you would like to talk. But try to make changes in your life for the benefit of your child.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in Florida. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Florida.... Read Answer

I regret the events that happened to you.  How terrible.  If you have not consulted with local counsel specializing in legal malpraactice, you may wish to do so at this time. If you have filed a complaint with the bar association in your state that will be most helpful.   Don't forget to consult new family lsw counsel to see if your situation can be rectified in court. Best of luck in both matters.... Read Answer

If there is an existing court order settng child support (by order or in a Final Judgment), your ex cannot stop paying without modifying the court order or Final Judgment.  Every month he does not pay you, he accumulates more arrears. If he does file for a modification of both the timesharing to seek majority time with your daughter, and for modification of child support due to the fact she now lives with him, going forward he will be likely successful based on your inquiry. Will you have to pay some child support? That depends on the relative incomes of you and the ex and the amount of time your daughter spends with each of you. This can be calculated using Florida's Child Support Guidelines (CHapter 61.30, F.S.).  Due to the great disparity in incomes between you and your ex, you may still be entiteld to some child support, just a reduced amount.   You will need to consult local family law counsel in your area to explore the above in greater detail. Good luck!  ... Read Answer

   Best advice- read your retainer agreement- some agreements say that once you pay the initial retainer it is "earned," meaning that even if you decide not to proceed once you leave the lawyer's office, (s)he can keep all of the funds or part of the funds.   If the agreement does not say that, ask for an itemized bill and then ask for any funds that were not used in your case when you decided not to proceed.   As an aside, I never agreed with nor have I had that type of retainer, and have sent many clients back funds when they do not want to go forward or the full amount was not used for fees and costs.  However, if the retainer provides the lawyer can keep the money then it is perfectly legal. Best wishes, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

  An adoption is not final until a Judge signs the Judgment.  Typically, the biological father would have to show fraud or duress to revoke a consent.   He certainly can file for timesharing with the child (we do not have "custody" in Florida), but it sounds like this is all money motivated.  It is true that child support is due until the adoption is final, but you can also advise child support  that the father does not own additional funds, and typically then support will not pursue him. If your husband does want to adopt this child you should have a discussion with the bio-dad and see if you can work this out. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A.     ... Read Answer

   I am so sorry you have gone through this terrible experience.  In Florida, a parent can give up parental rights and have another  couple adopt the children, but in this instance, the question is whether, under the circumstances, you should at least have been given a "seat at the table" and been notified of the adoption proceeding.  Unfortunately, in Florida grandparents do not have any automatic rights to see grandchildren if the parents do not permit it.  At this juncture, the perpetrator's parents have become the children's grandparents.  However, if the children are now living in another state, perhaps that state does have grandparent visitation rights.  Also, if the adoption took place in a state where there are grandparent visitation rights,  then Florida may honor those rights.  There was one case I know of that allowed this, but the judgment from the other state had already given the grandparents those rights. Do you at least know where the adoption took place?  If it occurred within a year and it occurred in Florida, it may be something that can be challenged.  I am not trying to give you false hopes, but you should contact an experienced adoption attorney so all the facts can be reviewed and then a determination made if you have some opportunity to pursue this matter. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com      ... Read Answer