Florida Family Legal Questions

what would you want the judge to do with the information?  in florida it really doesn't matter why you are getting divorced.  now, it may make a difference when it comes to who is the better parent or if someone is spending the money on a paramour, but in most cases it doesn't really matter, legally.... Read More

You would be much better off trying to reach an agreement with your neighbor under these circumstances. You do not say whether or not the female is registered with any accrediting canine registry (e.g. A.K.C.) or if your male dog was, but if so, perhaps they can provide you some assistance, since registries generally require the owners of both to sign documents confirming lineage and the occurrence of the breeding event. Otherwise, you are not generally likely to have any "rights" with respect to the pups.... Read More

  You say there are no custody or visitation orders in place, so I would presume there  has never been a court judgment establishing paternity.  As such, until paternity is established you are not under any legal restriction from relocating.    On the other hand, since you don't seem to have a need to relocate,  and said you would not if it created "drama," then perhaps you should give this more thought.  Is the man a good father?  Do you want your child to have a father in this child's life?  Does the father visit often, provide economic and emotional support?  Although most of these things can be achieved from afar, there is no true substitute from continual contact with a parent.   I hope you make the best decision for yourself and your child. 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

  No it does not.  Chapter 743 of Florida Statutes lists the various ways that a child under 18 may emancipate.  Child birth is not grounds to automatically remove what is called "the disability of nonage."  A petition may be filed to emancipate her, but it must be filed for the minor by her parent or legal guardian.    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

   You have none.....only kidding.  You don't mention how the property is titled.  However, if it is titled in both of your names, then you both have equal rights to occupancy and ownership of the property.    The first question is, do you want him out?  If so, and he agrees, and you are both on the mortgage, then technically he owes half the mortgage each month, with you owing the other half.  However, since you live there, you are responsible for the fair rental value (whatever that is).  So, for example if the house would rent for $2500 per month, you would pay that and then that would go to pay the mortgage (you mentioned that number). If the rent would be $1000, you'd pay that, you'd each take $500 and apply towards the mortgage, and the $1500 shortfall would be the joint and equal responsibility of each ($750 in my example)     Since, realistically, with all this anger, you'd end up in court, the other alternative is to agree to sell the property and split the net  proceeds.  If he won't agree to that, you can file an action for partition with the court, and the court can force tales ale.    A last alternative is since next week is Fathers Day, you sit down with him, explain that 50 percent of you is comprised of him, and enter into a truce.  It's worth a try. Best wishes, Cindy  Vova Law Office of Cindy S. Vova 8551 West Sunrise Blvd. Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496         U... Read More

   You need legal help, and you needed it YESTERDAY!  You do not mention a pending divorce proceeding, but it appears that your marriage is over, and that would be the next step.     Now you don't mention how long you have been married or whether you are employed in any capacity, but generally, the parties are to maintain the status quo during a divorce proceeding.  So, if he has been supporting you during the marriage, then he has a legal duty to continue to support you, or at least contribute to your support during the pendency of the divorce.      As to continuing alimony, this depends on your need and his ability to pay.   Since it appears you have a need, and he has an ability to pay, the other issues involve how much is fair and for how long should he be required to pay.  The scope of exploring these issues goes beyond a simple answer.  In light of the rapidly pending foreclosure, you might want to go to legal aid in your county who may be able to find a no cost or low cost attorney to help you.    Best of luck. Cindy S. Vova The 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

You would be requesting from the Court that you are in need of immediate temporary alimony for the purpose of covering the household expenses as well as your day-to-day expenses.  The difficulty is whether or not your circumstances would warrant emergency and expedited attention from the Courts.  I would immediatley contact an attorney in your area to discuss the likelhood of expedited relief.... Read More

      That is wonderful that your husband wants to adopt your daughter!  Even though the birth father is not part of your child's life, you want to make sure the step parent adoption is done properly.  To that end, the adoption is a two-part process.  First, the birth father's parental rights must be terminated.   You must serve him with the petition to terminate his parental rights and hopefully he will either agree or will not answer, in which case he can be defaulted.   Once his rights are terminated, then the step parent adoption can take place.  That part is relatively easy.  Although there are forms you can use that are available on the following website:  http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/family-law-forms.stml, sometimes it is a bit difficult to navigate all of the steps alone.  You can give it a try, but if you hit a wall, or simply do not have the time then I suggest you consult an attorney in your area to help you out.   Best of luck, and congratulations on having such a wonderful husband.      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 More

unfortunately the best thing you can do is file for divorce and get temporary custody of the child now.  if she gets better you can always drop the divorce case.  Odds are against her full recovery.  If you want to protect your daughter, you are going to have to make some hard choices. MRM... Read More

Name changes are simple, so long as the reason for the name change is legitimate.  It is the simple matter of a name change petition with the court.  A lawyer can do it pretty simply.  the process should not cost more than 1000.00.   as far as changing the names on your accounts, that would be your responsibility and you would have to comply with all the set forth by your lenders.  ... Read More

The time to ask for a DNA test is not after the divorce,  he is precluded from doing this now.  After signing the birth certificate you have 60 days to retract your acknowledgement of paternity and after that you are legally the father. If he had wanted a DNA test he would have to file a petition to disestablish paternity and have some evidence beyond believing his exwife had an affair, and should have done that prior to the divorce final hearing.  My guess is that it is to late now.... Read More

   I do not see where you have actually asked a question.  But, since Jeopardy is one of my favorite shows, I think the category is "conflict of interest."  If the question is, "Is there a conflict of interest with your fiance's ex spouse's attorney also representing your ex wife?" then the answer is "no."     Both parties that this attorney is representing were on "opposite sides" of your fiance and you, so there is no conflict in this instance.   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 More

   I can't determine what your question is exactly.  If this I case involves complicated issues I hope you have an attorney.  However, if you have a case management conference scheduled, you can typically advise the court of all the pending motions and issues, and it is likely the court will then schedule hearings on those issue.  At least you will then have  a date scheduled to have your motions heard. Good  luck, Cindy S. Vova Law Office of Cindy S.  Vova 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496    ... Read More

She can until you he takes some legal action.   First, he has to establish paternity.  Even if he's on the birth certificate that's not enough.  The most effective way to deal with this is to file a petition to establish paternity and a parenting Alan and a time sharing schedule.  He should be aware, however, that the court will likely establish a child support obligation as well. Although he can file this on his own, it is probably worth his while having a consultation with an attorney even before he leaves the child's mother.   Dads do have rights...but he has to stand up for them. Best of luck, Cindy S. Vova Law Office of Cindy S. Vova, P.A. 8551 west Sunrise Blvd. Plantation,FL33322 info@vovalaw.com 954-316-3496          ... Read More

Inheritance becomes marital property when it is commingled with marital assets.  For example if one spouse inherits money and deposits that money in a joint account it becomes marital. Another example one spouse inherits money and invests that money in a jointly owned property, it becomes marital. However if a spouse inherits and keeps the inheritance separate and in their name only, then it is not considered marital.... Read More

Yes they would be in trouble, that would be fraud upon the court. At the final hearing one issue that must be testified to under oath is whether they have any minor children of the relationship. If they testify falsely they would be committing perjury, fraud on the court, and could be held in contempt by the judge. As such the only course of action is to include the children in the divorce pleadings, do the parenting plan, calculate child support and follow the law.... Read More