Florida Family Legal Questions

 Although your question is unclear, I read it to mean that your parental rights were terminated and then your child was adopted by another person? You do not state whether you had notice of the hearing or not, and/or whether you were present for the hearing.  Assuming that you did have notice and were present, you must either ask for a rehearing (within 10 days of when the Judgment was granted) and/or appeal the Court's decision to a Court of Appeals for the district within the county where the judgment was entered.  There is a time limit on filing a notice of appeal as well, which is usually 30 days.  This is truly not something you should even attempt to do on your own without seeking a consultation with an attorney who focuses on adoptions.  Time is of the essence for you so I suggest this go on the top of your 2018 resolutions to have any chance to  appeal the decision.   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

   First of all, to have a modification of timesharing (we don't call it custody in Florida any more), there has to be a substantial, unanticipated change in circumstances since the last timesharing arrangement was established, AND it must be in the best interest of the child.    So, maybe your ex husband's criminal situation is a change in circumstances, but I do not see how more time will be in the child's best interest.  Unfortunately, you cannot just "end" the case.  There are some legal methods to perhaps move it towards a conculsion quicker (depending on all of the circumstances), but that would be more than an answer in this forum would allow. In this instance, since I do not know where you are in the proceedings, you would likely benefit from, at least, a consultation with a knowledgeable family law attorney in your area to get some more guidance.   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

    Typically, the answer is no.  The reason is that the State of Florida wants BOTH parents to be responsible for the child.  In other words, both parents have a financial responsibility to the child, so that the state does not have to pick up the "slack" and suport the child.  However, if there is another person to step into the shoes of the parent (ie: a stepfather) then the biological father can waive his rights and the child can be adopted by the stepparent.    By the way, if you were not married to the father, and the father's rights were not legally established by the court, then he really has no rights as the father anyway.     Best of luck,   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca 954-316-3496/561-962-2785 info@vovalaw.com  ... Read Answer

  Dear Anonymous:     Once an injunction expires, the limitations put in place with the injunction no longer exist so, technically, absent any language to the contrary, she could move back into the house depending on what her rights are to live there initially.  If she is not an owner of the home and, because she has not lived there for a period of time (while in jail)then your grandmother could keep her out as a trespasser as she does not appear to have any legal rights to occupy the home (other than your grandmother's permission previously)      If you are still in fear, you can apply to the court to extend the injunction and then, perhaps, the court will extend it. Sorry you have this situation. Best of luck, Cindy S. Vova, Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785   ... Read Answer

  Dear Anonymous:     Any competent family attorney can review your prenuptial agreement.  However, it cannot be changed absent agreement of both parties, typically with the same formalities (in writing, disclosure) that presumably existed when the original agreement was executed.    Now, whether the prenuptial covers issues you want to address currently, would also be something you would have to discuss with an attorney.  Certainly, this is not a matter that can be answered within the confines of this forum.  Also, since you mention the Alzheimers, there may be a question of whether your husband can even change the agreement now.  However, if you think there is a possibility he would be willing to make changes, given the medical situation, I would do this sooner rather than later. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read Answer

Please call your DCF caseworker immediately - you have your children under court order and this is just another incidence of child abuse against your children.  The case worker and the Court must be made aware if the situation.  The caseworker should be able to retrieve the meds for your children. ... Read Answer

If you are not married to the father of your children, and he is not on the birth certificate and has no court documents adjudicating him as the father, then (although he might biologically be the father), he has no parental rights to your children under the law.  You are the sole natural guardian until he adjudicates his parental rights in court.  You can file an emergency motion for child pick-up order, which the court will clikely grant under the circumstances.  Then you can have the sheriff retrieve the children from wherever they are.  I would also alert the day care facility that the father has no right to pick up the children, and would hold them responsible if they release the children to the father. ... Read Answer

So, the short response, with the short facts is that her non-marital inheritance- to the extent it was not comingled (and it sounds like it was not) she gets to keep.  If there is any marital appreciation then she doesn't get to keep that all- it is split if marital labor went into the increase. The other assets of the marriage, earned during the marriage are typically split...including your pension.  As to the house, there may be ways to offset selling it where she gets more of another asset.  However, from the looks of things, maybe she will owe you alimony.  Before you make a bad move, you should at least have a consultation with an attorney.  The attorney will be able to go over more of the facts and help guide you before you make a big mistake.  In the interim there is no requirement that you sell the home so do not do it if you do not wish to. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. info@vovalaw.com 954-316-3496... Read Answer

  Well, as you acknowledge, there is no common law marriage in Florida.  Accordingly, if you are concerned you will be responsible for a deceased partner's medicail bills, and you did not sign as a guarantor for this person, then you have no responsibility.   If the deceased had any assets, then the medical provider may file a claim against the estate, and, if any assets are available the creditor may be paid out  of these assets before any individual who would inherit the assets receives same.    Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Plantation/Boca Raton 954-316-3496 info@vovalaw.com    ... Read Answer

IF you have the title to the bike, it is yours - if you have a written agreement between you and your son, that may be enforcable.  If you have nothing in writing and the title is in his name, you will have a hard time trying to convince anyone it is yours.  Also, if the payments are being made on a loan that is in his name, that poses a problem as well. The next rpoblem is, even if you show payments and improvements, the court could construe those as "gifts" to him.      ... Read Answer

There's no longer any such thing as "joint custody" in Florida. There is parental responsibility, which is either shared or sole, and timesharing. Generally, mental illness would not completely preclude someone from having parental responsibility or timesharing, but it is a question of fact and severity. Consult with an attorney to discuss the specifics of your situation and your options.... Read Answer

You can pursue an action for unlawful detainer pursuant to Section 82 of the Florida Statutes. This action is similar to an eviction action but is used to remove someone who is not considered to be a tenant. You should consult with an attorney on this matter to ensure that everything is done right. All the best.... Read Answer

Your marriage is considered to be a moderate term marriage. This means that there are different types of alimony available to you, including durational alimony and bridge-the-gap alimony. However, what is also pertinent is whether you actually have a need for alimony and whether your spouse has the ability to meet that need. I strongly suggest that you have an attorney review the agreement prior to signing anything. All the best.... Read Answer

You should pursue a modification right away and at least on a temporary basis, for the period of unemployment, as otherwise you will still be required to continue making the payments per the last order that awarded alimony. It would truly serve your interests to consult with a family law attorney right away so that all the pertinent facts can be addressed and a modification pursued. All the best.... Read Answer

Please note that for a child to speak with the Judge about his preference, the Judge must first authorize such “in camera” testimony. When a parent wants a child to testify or speak with the Judge, a motion must first be filed alleging that it would be in the child’s best interests to express to the Judge his preference. It is only if the Court grants the motion and allows the child to testify “in camera” may a child be brought to the Courthouse to speak with the Judge. Also, when ruling on such a motion, the Court considers the age of the child, whether the child is intellectually and emotionally mature to have a valid opinion on the issues of parenting plan/time sharing, the degree of emotional trauma that will result to the child as a consequence of the child being brought to Court to talk about his parents, and any other fact that the Court deems relevant. It is also important to keep in mind that if the motion is granted, the child’s “in camera” testimony would usually occur outside the presence of the parents and their attorneys. Good luck. ... Read Answer

Dear Ms. Sheets-Parker:     The first thing your husband needs to do is find the final judgment and/or settlement agreement from his divorce.  The disposition of the property should be addressed in the Final Judgment/Settlement Agreement.  If the ex was supposed to deed the property to your husband and she has not, then a court can force that to occur.  Beyond that, I would need to know what the agreement said in order to advise your husband how to proceed.      Certainly, a family law attorney should be able to assist you with this issue.  Hopefully it will be an easy fix.   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova Offices: Broward/Boca Raton  info@vovalaw.com... Read Answer

  Dear Mr. Dickey,    It sounds like you have a very difficult and complicated situation that is even more complicated due to your absence.      If you believe the children are being abused you can contact your local child protective services to have them come to the home and investigate.  However,  if they find abuse sufficient to remove the children (which I don't think you've described) and they remove the children then they would go to a foster home if you are not here.    Even if the situation does not rise to that level, but still the children would be better off with you, it would depend if this is even a viable option with your job overseas.     You do need to discuss this with more details with an attorney to see what actions(given more facts) might benefit you and your children. Good luck, Cindy S. Vova Broward/ Boca Raton      ... Read Answer