Florida Family Legal Questions

  The individual who wants to adopt you must initiate the proceedings. However, in order to answer this, you need to supply more information such as whether paternity was ever established as to your son's father and  how old your son is presently.  If paternity is established the child's father will have to consent, or there is a much loger and more complicated process that is involved. As to you, assuming you are an adult (over age 18) your parents do not need to consent, but they do need to be served with a notice of final hearing of adoption.   There are forms that can assist, but I cannot direct you there until I know exactly what  the facts are.   Best of luck, Cindy Vova Broward/Boca Raton info@vovalaw.com 954-316-3496... Read Answer

    You are thinking ahead!  You are not responsible for child support  for a child that is not yours.  However, if you co-mingled accounts, assets and liabilities, it is sometimes difficult to distinguish between what would be your fiance's income/assets and yours.  Therefore, if you keep things separate, you should be okay.  But don't let him use your accounts to "shield" money, because this could create a problem for you.     One more important point:  The IRS can seize a tax refund that you may be entitled to if you file your income taxes jointly---even if that refund is "yours" because you paid in too much. Two solutions:  file separatedly (which usually creates a heavier taxable rate) or file jointly, but make sure you haven't paid in too much during the year that would entitle you to a refund. They can't seize what's not there. I suggest you check with your tax professional because there can be penalties if you don't pay in enough each year.  Each case is different so a CPA can assist you with this. Best of luck, Cindy Vova... Read Answer

    SInce you say the name change was over 20 years ago,  the records are probably not on line.  Further, family law records are confidential, and in many counties are not accessible on line (even to attorneys in some instances).  You should contact the Clerk of Court in Orange County.  The clerk would likely have to order to records from archives, but it can be done.  You may have to go to the courthouse, but each county's procedures differ some, so calling the clerk is the best place to start.  If you have the case numer that is even better. Best of luck, Cindy Vova ... Read Answer

I'm not sure what "abondenment" would get you - he has not abandoned her because he is paying child support- even under court order - it counts.  The court will not remove a father from a child's birth certificate except under egregious circumstances or adoption - why not let it go and stay out of his life.  If he is leaving you and the child alone, I would say from my own experience, you have the best of both worlds - child support and no contract from him.  I would suggest, for your own peace of mind, you get into an AlAnon group.... Read Answer

  Typically, "non-modifiable" means just that...NONMODIFIABLE.  However, you must look at the entire agreement, or at least the portion addressing alimony and determine if there are any exceptions.  For example, permanent periodic alimony terminates upon remarriage and death.   Florida Statute 61.14 addresses the modification of alimony upon a party receiving same  being involved in a "substantial supportive relationship."  However, subsection 3. of the statute states that "... alimony terminable on remarriage may be reduced or terminated upon the establishment of equivalent equitable circumstances as described in this paragraph."  Because the statute talks about "alimony terminable on remarriage" as a type that is covered by 61.14, again, if your alimony is truly non-modifiable, this statute (which provides a mechanism for modification)  will not apply.  Sorry, you may be stuck. Best of luck, Cindy S. Vova Law Office of Cindy s. Vova, P.A. Plantation/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com... Read Answer

Dear Anonymous,    Sadly, no.  However, Florida does permit a third party relative to petition the court for custody(one of the few places where we still use the term "custody") in certain circumstances where it is in the best interest of the child. There is a presumption that a parent should have the children, but there are circumstances that can lead to the court determining that the parent, at the time, does not have the ability to care for the children and find it necessary to change custody to a third party, such as grandparents.    As with all cases, each is different and must be evaluated on its own merits.  Here is a link to a form petition for a third party relative to ask for temporary custody.  http://www.flcourts.org/core/fileparse.php/293/urlt/970a.pdf  Perhaps if you review this it will help you determine if your situation would allow such a petition. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Plantation/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com... Read Answer

     The fix is filing a Petition for Name Change.  As part of the petition you must state any and all other names that you have been known by during your life.  If you  want to combine both names, then you will state that in the petition.     You must also state that you are not changing your name to defraud creditors and that you have no prior felony convictions.   You will also have to get fingerprinted, and those fingerprints are run through a national crime search.    Assuming there are no skeletons in your closet, then there should be no problem changing/combining your birth name with the name you have been known by over the years.  Thereafter, you will also be able to apply for an amended birth certificate to reflect your new name.  Best of luck to you, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Ft. Lauderdale/Boca Raton 954-316-3496 info@vovalaw.com  ... Read Answer

   Although child support has been established, and probably through the Department of Revenue, you parental rights have not been established by the court, and therefore, you have no legal rights to see the children.  However, that can be remedied.  You need to file a Petition to Establish Paternity, a Parenting Plan and Timesharing.    Forms for this are available at the website  www.flcourts.org.  There are instructions included as well as reference to the other forms you have to prepare as well.     It might be helpful to consult with an attorney in your county for a least a little assistance in completing these forms as well as some legal advice on the beest way to proceed.  However, please do something.  These are your children and you should be able to see them according to a schedule that will be in their best interest...not when the mother feels like letting you see them   Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 954-316-3496 info@vovalaw.com  ... Read Answer

 Dear Anonymous: You are on the right track.  Be prepared to show the judge what was NOT produced, and proof that your ex does, in fact, have such documents or can obtain them.    For example, if he only produced documents from one bank account, and you know (because you've received checks, etc) that he has another account, try to provide something to the judge to show that he has failed to produce what he actually has. Best of luck to you, Cindy S. Vova Law Office of Cindy S. Vova, P.A. info@vovalaw.com 954-316-3496... Read Answer

  There are several ways in which you may have obtained "temporary custody" of your sister's children.  Depending on how this was legally done would govern what, if anything, you can now do to prevent your sister from getting the children back.  This is usually a rather complicated matter, and you would be best served actually consulting with an attorney who could review your specific situation, discuss all of the facts with you, and determine what, if anything you could do to retain the children. The courts always look to the best interest of the children, so keep that in mind.   Best of luck, Cindy Vova Law Office of Cindy S. Vova info@vovalaw.com    ... Read Answer

Dear Anonymous:   You do not state whether or not the husband and wife still live in Florida, which is important as it dictates what law governs.  Assuming the child and parents are still in Florida, your friend needs to file for divorce and obtain an injunction to prevent the husband from leaving the country and taking the child to Morocco.  Although there are methods to get the child back,(Morroco is a member of the Hague Child Abduction Convention) these methods are lengthy, cumbersome, and expensive.  It is easier to prevent the child from being removed in the first place rather than trying to get the child back. As to your friend's green card, it is my understanding that this cannot be revoked.  She should check with an immigration lawyer regarding those issues. Best of luck, Cindy S. Vova ... Read Answer

Dear Mr. Novell:     There are many law firms who could assist you with setting up and operating a small family office.  Finding a firm that is truly competent and who is looking out for your best interest is more complicated.  As to what the benefits would be to you would depend on what you are trying to accomplish, and also how the business/assets are presently allocated.       Although there are many competent bank officers and investment advisors around, a good tax and estate attorney is solely looking out for your family's interests.  Qualified attorneys can give you the proper tax advice, not only in the current climate, but for planning into the future, including the proper way to pass on this business taking not only taxes but your personal family situation into consideration. Too often banks and finacial advisors have so many hidden fees and agendas, that even an astute investor cannot peel back the layers to see what he is really paying for these services.     I work directly with attorney Les Kushner, who would certainly be able to assist you, and would be happy to offer an initial complementary consultation  for you to explore whether you feel his firm's services would benefit your family.  Les is not only a busines/tax and estate planning attorney, but he is also a CPA with over 33 years of experience.    If you would like to arrange a phone conference and/or personal meeting with him, please contact my office and we can certainly arrange same at your convenience.   Best regards, Cindy S. Vova 954-316-3496     ... Read Answer

  Without  an order of the Court as to which parent takes the dependency exemption for children,  the IRS rules govern.  These rules provide that generally, the parent wtih whom the child lives with for the majority of the year is entitled to claim the dependency exemption. However, a non-custodial (IRS term, not Florida term) may take the dependency deduction if both of the following conditions are met: The custodial parent signs a Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent, or a substantially similar statement, and The noncustodial parent attaches the Form 8332 or the statement to his or her return. If the custodial parent releases a claim to exemption for a child, the noncustodial parent may claim the child as a dependent and as a qualifying child for the child tax credit. However, generally, the noncustodial parent  may not claim head of household filing status or the earned income credit, and the noncustodial parent may not claim the credit for child and dependent care expenses, the exclusion for dependent care benefits, or the health coverage tax credit. You should contact a tax attorney or CPA  to verify same. Best wishes, Cindy S. Vova LAW OFFICE OF CINDY S. VOVA PLANTATION, FL 33322 info@vovalaw.com 954-316-3496    ... Read Answer

   Unfortunately, there are no grandparent "visitation" rights in Florida. I wish I could give you better news, but the law here does not provide for those rights  in a typical family situation.  There are exceptions, of course, when, for example, parents are taken away from their children in dependency actions, then sometimes grandparents can be court appointed as temporary (or more) guardians of their grandchildren.  Additionally, if a parent will be in active duty in the military and deployed, that parent can designate a grandparent to care for the children during his/her deployment.  This, of course, is an overgeneralization, and if this is your case, you should consult with an attorney as it does involve filing an action with the court.   Best regards, Cindy Vova Law Offices of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Ste.301 Plantation, FL 33322  954.316.3496 info@vovalaw.com    ... Read Answer

  From the portion of the timesharing plan you quoted, it does seem that any time other than the summer when the child's other parent is to spend time with him, that the two of you are to exchange the child in Tallahassee.  Now, you have not shared what other times the other parent is to spend with your son, but whatever those times are, from the language you have, meetings are to be in Tallahassee.  Since no place is specified in Tallahassee, it would make sense for the two of you to talk and arrange a place.   However, as to summer time, the language you quote says "but for summer timesharing."  That implies that the exhcnage for summer timesharing would not be Tallahassee. (unless you live in Tallahassee) In fact, the next part states in the summer, the father shall pick up the child at the mother's home to begin timehsaring and then return him to the mother's home at the end. Of course, if there is other language in the agreement that states something different, I cannot comment on it because I have not reviewed your entire agreement.  I hope this provides some clarification.   Best wishes, 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

  Any retirement funds, 401Ks, profit sharing, etc. earned or accumulated during the marriage are marital assets.  It is true that before a spouse can "cash in"or  take a loan against these plans requires the signature of the other spouse.  So if you are planning to divorce, my advice is that you not sign anything until you get some legal advice.  Let's face it, once an asset is gone, it is a lot more difficult to get it back, so better to figure out how  it will be divided before one spouse  takes some of it Florida, as an equitable distribution state, starts with a presumption that marital assets will be split 50/50.  There are factors that a court may consider to not split assets 50/50, but this is done on a case-by-case basis.   And unless you get divorced, it cannot be divided- unless you agree to liquidate the fund (if the plan allows) but there are penalties and tax implications in doing so that are best discussed with an attorney and/or CPA. I hope this helped. Best of luck, Cindy Vova Law Office of Cindy S. Vova, p.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 954-316-3496 info@vovalaw.com    ... Read Answer

You might want to think about this a little more - if the legal father, who is on the birth certificate is deceased, your child may be able to collect survivor benefits under his father's social security account - it would be worth looking into immediately - before you attempt to change the birth certificate... Read Answer

If the father and the mother were never married, the mother is the sole legal custodian of the child, and you can legally refuse the father to take the child, if you do not think it is in the child’s best interest. If the parties were never married, you need to file a Petition to Establish Paternity and a Parenting Plan. Thereafter, the parties need to come up with a parenting plan (agreement as to how the parents will share time with the child). If you cannot do so, the Judge will come up with a parenting plan for you. That’s an oversimplified explanation. Below is a link where to you can find forms for all the documents I’ve mentioned. 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 were probably told the motion is “moot,” meaning “further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law.” I would need to know more facts about what kind of action was filed and what your motion said in order to tell you why the Judge would consider the matter moot. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer