Florida Family Legal Questions

If you have a FL judgment that specifies the amount of fees, you can register the judgment in PA and attempt to collect it. Your ex might be judgment proof a.k.a. broke, and there is nothing to collect from him. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

Unfortunately, in Florida, the grandparents do not have an independent right to petition the court for timesharing with the grandchildren. Your son can petition the court to see the child, see link below. 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

Unfortunately, in Florida, the grandparents do not have an independent right to petition the court for timesharing with the grandchildren. Your son can petition the court to see the child, see link below. 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

    The putative father can get a DNA test, but not just "anyone"  is entitled to ask for such a test. However, the putative father must file a proceeding in the court petitioning to establish paternity.  If you then admit he is the father, the court will establish paternity.  If you deny he is the father, then the court can order a paternity test to determine if he is, in fact, the biological father.  He can then establish his parental rights and, in so doing, the court will also establish child support.    I hope this helds.   Regards, 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

  Oh...the problems where people wish to be their own attorneys!  This mess of pleadings that your wife filed is beyond the scope of addressing each one.  Here's a way to sort it out...Request the Court to schedule a case management conference, where these matters can be addressed and you can get direction from the Court.  That your wife filed a "petition" instead of counterpetition, would likely result in the court viewing it as a counterpetition, so you might as well answer it or, alternatively file a Motion to Dismiss it for being improper as well.  As for the interrogatories-  neither the actual interrogatories nor the answers are to be filed with the clerk, so you should respond to those as well if you want to move your case.   I suggest that you ask the judge to set mediation so you can try and resolve your case instead of worrying about procedural issues that, with two pro se litigants, the judge is likely to give a lot of latitude.      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

I think what you are asking for is a domestic violence injunction- and I do not believe the facts warrant for one. If you have a previously court ordered or approved timesharing agreement, you can move to modify it or at least file a motion to temporary suspend the father’s timesharing until he moves out of the ex girlfriend’s house. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

Unless there was a divorce action filed, where the post nuptial agreement was filed with the court, the post nuptial agreement is not usually filed with the court. I suggest contacting the attorney who originally drafted it to see if they have copy. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

Your interpretation of that parenting provision is correct. The “right of first refusal” provision is meant for the times where the child stays with a babysitter. You should still keep the Father updated of the whereabouts of the child if he inquires. Also, even if he believes you are in violation of the parenting plan, he would need to bring that to the court’s attention, and I believe the judge would interpret this provision the same way you do. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

If you and the mother of the child were not married at the time the child was born you need to file for establishment of paternity and a parenting plan. The court will also adjudicate child support, which will most likely have to be paid through the state child support depository. Hopefully, you have proof of payment of child support for the past 24 months. The Mother might try to go after you for the retroactive child support.  Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

Unless you stop making your payments, your ex’s attorney will not find out that you purchased a house and even than the attorney would have to investigate/do discovery in order to find out that you purchased a house. Therefore, just keep making the payments and there should not be a problem. Unless, the order specifically stated that you must pay the whole amount and you unilaterally decided to make payments instead of paying the lump sum. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

It can take for the court up to a week to process the filing. The court does not send the motion to your former wife. It is your responsibility to do that. Also, you are responsible for setting it for a hearing by calling the case manager or the judicial assistant for your judge. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~   Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read Answer

Child support is not connected to timesharing. Even though the father still have to pay child support until your son turns 19, your son is now 18 and gets to make his own decisions whether he wants to see his father or now, he cannot be forced. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

Mostly likely no, since he doesn’t have a good track record of being a "present" parent. However, it is up to the judge to decide that, and I am not the judge. Please see link below to the statute with factors that the court must rely on in determining timesharing. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

The hospital is correct. The Husband is presumed to be the legal Father of the children born during the marriage, even if the Wife has not seen the Husband in years. The Husband needs to file for divorce and disestablish paternity of the boyfriend's children. Thereafter, the boyfriend needs to file a petition to establish paternity, being on the birth certificate is not enough. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

If your grandmother is the legal custodian of your brother she has the final say whom your brother sees and you do not have any independent rights you can assert in court. However, your brother is 15 years old and can chose to see you outside of your grandmother's house. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

The NC attorney can register the NC judgment in FL in proceed with enforcement. However, before the court "throws you in jail" you will have an opportunity to appear before the court and prove what you can and cannot pay. The court cannot throw you in jail over a debt obligation you have to ability to pay for. However, you and the court might have a different idea over what you can and cannot afford to pay. Also, the attorney can try to obtain garnishments for your bank account and for your employer. Best of Luck, Helena Y. Farber, Esq. ~ Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com      ... Read Answer

I am not a criminal defense attorney but I am pretty sure there is no such crime in FL as "harassment." What you are describing is cyber stalking, see link below to the FL Statute.  http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.048.html From the limited facts you provided I do not think this qualifies as cyber stalking, as you were communicating to her regarding the child. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

There is no law on the books that prevents the Mother and your son from moving in with anybody she wishes. Same applies to you. However, you do have the right to know who your son lives with and should be provided with the boyfriend's name. The only way this situation can become "actionable" is if the boyfriend's criminal history, other habits, and/or behavior towards your son makes it that it is not in your child's best interest to be around him. Then you can file to modify the timesharing arrangement, if the Mother insists on living with the boyfriend. After you find out his name, I suggest you run a background check on him. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer

There is no law on the books that states whether it is illegal for a parent to share a bed with a child. However, it should be taken on case by case basis. The older the child is the less likely that it would be acceptable. Also, if it is a onetime occurrence, it might be acceptable, but if it happens frequently, the child should probably have his own bed. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A.   www.vovalaw.com... Read Answer