Florida Family Legal Questions

Since you and the father were never married and no paternity/parenting plan was established by a court, you the sole legal custodian of the child and can do as you wish. However, the Father can institute a court action to have paternity established and have a parenting plan established by the court. Judging by the facts described above, I doubt a judge would make you move back to Broward county, since the father has not been present in the child's life. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

While I would need a little more facts to discuss your alimony entitlement, from what you already stated, this is a long term marriage and you are entitled to alimony. See link below to the FL Alimony statute. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html You would be entitled to divide equally all assets and liabilities that were acquired during the marriage by both parties. When I say equally, that is the starting point for the court, there could be many variations as to how the assets/liabilities are divided depending on the factual situation and any non-marital components. See link below to FL Equitable Distribution statute: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html I strongly suggest to consult/hire an attorney, as it looks like you would have a lot to loose if you do not protect your rights. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

If you have no minor children with your Husband, and no assets or liabilities to divide, you can file a Petition for Simplified Dissolution. See link below. http://www.flcourts.org/core/fileparse.php/293/urlt/901a.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

Technically, the venue (meaning , for simplicity here, the county) where the case is filed for a divorce is the county where the parties last resided together as husband and wife.  However, (and this is why the law has more than "50" shades of grey), a party can assert under another provision of the law, that venue in Broward county is not convenient (forum non convenience) where, as in your case: -your husband is in Alabama so it does not make Broward any more convenient than Miami Dade -you have lived in Miami Dade for more than two years -your child lives and (presumably) goes to school in Miami Dade -more witnesses would be in Miami-Dade(because you've been there two years),     and any other grounds you may have that would make it more convenient to keep the case there.   The worst that could happen is that you have a hearing on this and the Judge makes your move the case to Broward County.   Not such a severe consequence. By the way, the 6 month rule applies to residing in the state of Florida for 6 months before filing the divorce action, not to the county where it is filed. Best of luck, Cindy S. 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 More

If you are married but separated, your wife has no greater rights than you as it pertains to your child.  If she is excluding you from your child's life, your option is to file either an action for divorce or an action for shared parenting and timesharing.  In either type of action, issues of timesharing and parental rights will be addressed and resolved.   If agreement cannot otherwise be reached, the court will determine these issues based on the best interests of the child.  Factors that the court will consider include, but are not limited to, considerations such as each parent's disposition to encourage a close and continuing parent-child relationship with the other parent, to communicate with and keep the other parent informed of issues and activities regarding the child, and to engage in joint decision-making with the other parent regarding matters concerning the child's welfare and best interests.  Parental alienation is certainly a negative factor for a parent who allows that to happen.   It is not necessarily against a child's best interests for a parent to take the child to visit his or her family in another state, but absent some specific justification, the other parent should have the same right.  There is no presumption for or against the father or mother of the child pertaining to decisioin-making regarding the child, or for or against any specific time-sharing schedule.  If your wife is not cooperating in allowing you to have frequent and continuing contact with your child, or allowing you to share the rights and responsibilities, and joys, of childrearing, you need to be pro-active in enforcing your parental rights in court. ... Read More

If you already have a final judgment granting divorce, you cannot go back and ask for alimony. Unless there are some facts missing, like the final judgment reserved alimony at one dollar to reconsider at later date when  the payor would have the ability to pay. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

You will get a hearing quicker in front of a magistrate. However, an Income Withholding Order is nothing unusual and is actually mandated for child support payments. The judge would most likely order that the support come out of your check via IWO, so you will be just wasting your time fighting this. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

If the mother is in agreement for you to keep the child on temporary basis, you can file an agreed order on temporary timesharing, stating the details of the temporary timesharing change. If you want to change the timesharing arrangement, you need file a Supplemental Petition for Modification of the Parenting Plan. See form below. http://www.flcourts.org/core/fileparse.php/533/urlt/905a.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com  ... Read More

If you have a court order allowing you certain time with your child and the other parent in not following that court order, you can file a Motion for Contempt. In this motion you need to state what actions the parent has taken that are in contravention of the court order. See link below for the form motion. You also need to schedule this motion for a hearing before the judge. Call the judicial assistant to do so. http://www.flcourts.org/core/fileparse.php/533/urlt/960.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

The better practice would be to amend your petition and put in the request for retroactive child support. You can get up to 24 months of retroactive support from the date of filing of the petition. If the other party already answered to your petition, you need to file a motion for leave to amend your petition, and ask the judge to allow you to amend your petition. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova. P.A. www.vovalaw.com  ... Read More

 I am assuming that you are not married to the Father, as you did not state that you are. Therefore, you would need to file a Petition to Establish Paternity and Related Relief. See link below. http://www.flcourts.org/core/fileparse.php/533/urlt/983a.pdf In this Petition you can state why you believe the Father should have no overnights with the child. Make sure to include specific details. Also, see below link to FL statute that includes factors that judges must consider when establishing a timesharing between parents. 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 More

It depends how long you have been married and what is your financial circumstances vs his. See below FL Alimony statute that might be helpful. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

You can file a Petition for Injunction for Protection Against Stalking, as this lady is engaing in cyberstalking. See form below: http://www.flcourts.org/core/fileparse.php/533/urlt/980t.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

As long as the property was purchased during the marriage, it is technically marital property. However, there can be some factual scenarios where you not being on the deed might present a problem. You can always have your husband quit claim the house to both of your names. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

To get timesharing with your son you need to file a Petition to Establish Paternity and Related Relief. See link below. http://www.flcourts.org/core/fileparse.php/533/urlt/983a.pdf You will also need to file a financial affidavit and exchange financial documents in order to determine child support. See link below to general forms: http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml#983 Depending on how many overnights you will get with your child, the child support number will be different. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

The division of the financial accounts (assets/liabilities) is very fact specific. So it is somewhat difficult to give you a full answer in this forum. However, the general rules are as follows: 1. Date of marriage is the "start" date for considering what assets/liabilities are marital. 2.If assets/liabilities are acquired "during the marriage" it does not matter how they are titled (joint or individual), they are considered marital assets subject to 50/50 division. 3.Parties can structure their divorce settlement however they like (meaning you do not have to follow the "rules" above if both parties agree) See below equitable distribution statute, that might be helpful. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html I believe in your situation, it would helpful to consult an attorney. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

If this occurred in Family Court (and not dependency court) and this is the final order of the Court, you can request a Rehearing (motion for rehearing has to be filed within 10 days of the final order) and if that is not granted, you would need to appeal (30 days from the order). Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

There is no grandparent visitation in Florida. So, this is probably the main legal argument of the motion to dismiss. The Motion to Dismiss is judged on the "four corners" of the complaint. Meaning, no other evidence documentary or otherwise can come in. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

Please see a link below with forms, look under Temporary/Concurrent Custody. Read the instructions for forms to see which one would be applicable to you. These pleadings allow for temporary custody by an extended family member, which is a lot less drastic and less final than adoption. There are also forms that provide for consent by parents. The Father would need to sign this form as well. http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml#970 Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

Usually the court where the case was adjudicated and where the final judgment was entered, reserves jurisdiction over the child and the matter and it would be appropriate for the Father to file in that same court. However, in some instances, upon request of the party, the court might agree to release jurisdiction to another state for the convince of the parties and/or if the majority of the witnesses/evidence is in that "other state." Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

I assume you have a Florida court order regarding timesharing.  By Florida law, before she changes her residence, or the child's residence, by more than 50 miles, she is required to either obtain your written agreement which defines a revised timesharing schedule, or file a petition to relocate.  If she did not do this, you should file a motion to have her held in contempt and for the child to be returned.  The court will conduct a hearing, and her non-compliance with the law will be taken into consideration in determining if she should be allowed to relocate with the child, if the child needs to be brought back to Florida on a temporary basis, and the degree to which timesharing should be modified (and who will pay for fees and traveling costs) if relocation is allowed either on a temporary or permanent basis.  ... Read More

You can leave and you do not have to give him "notice." However, he does have the right to know where the children are residing and to see them and spend time with them. Unless there is a reason he should not see the children (abuse, drug/alcohol problem). In that case you need to file the divorce sooner rather than later and state in your divorce documents why the contact with the Father and the children should be limited. Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More

It is unclear whether by your ex your mean your ex husband or boyfriend, as for this purpose is makes a difference. I will assume you are talking about an  ex-boyfriend. If he has not petitioned the court to establish paternity, he is a legal stranger to the child and definitely cannot "take" the child from you. Technically, he has no "right" to any timesharing with the child. However, if you want to get ahead of this situation you can file a Petition to Establish Paternity and a Parenting Plan. The court will also establish child support. In this petition you can specify that you want the father to only have supervised visitation and why. However, supervised visitation is not easy to "obtain" from the court and it will definitely will not be permanent. Please see form below for the form for petition to establish paternity. 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 More

"A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child." Florida Statute 61.13(3) Also, please see the link below which includes the factors the court must consider when modifying the existing parenting plan/timesharing agreement. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html See below the link to the Supplemental Petition for Modification of Parenting Plan http://www.flcourts.org/core/fileparse.php/533/urlt/905a.pdf Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com... Read More