Florida Family Legal Questions

Well, to be clear, you can’t just “kick out” your adult child.  If rent is being paid (or has been paid), then you may be able to evict as you would any other tenant.  However, doesn’t sound like that’s the situation.  If there is no rent, lease, etc., you may be able to file an unlawful detainer or you may need an ejectment filed depending on the particular facts.  Practically, start by asking him to leave before you file court action.  However, just to reiterate, do no throw out personal belongings, start changing locks, etc. because you could potentially set yourself up for liability.  You say he’s in school… I’m assuming that’s away at college.  If he’s changed his primary residence to the college address then you could be able to get around the legal procedures stated, but I’d be careful.  Hopefully you can work it out amicably as lawsuits among family members are rarely good for the relationship.  Just as a note to the birth certificate and social security card – those belong to him, not you.... Read More

I would not place their property on the street as you may be responsible for damages to the property. You might want to hire movers to remove the property from your residence and deliver it to the address where your daughter is now living. Another alternative would be to place her property in storage in your garage or in a rented storage space and let your daughter know in writing where her property is, and that she is welcome to claim it.  ... Read More

You do not indicate who it is that considers you to be "common law married," but I assume that you are referring to the State of Texas. You would need to consult with a Texas attorney to confirm your status as far as Texas is concerned. In Florida, it is unlikely that you are considered to have a common law marriage, because common law marriage was abolished in Florida in 1968. Therefore, under FL law, the jeep would generally be considered to be the property of the person in whose name the vehicle is legally titled.... Read More

  First question.  How far from her previous address did your ex move?  I am asking because Florida law requires that if a parent moves more than 50 miles from his/her last address at the time the last order regarding time sharing was entered, that parent must, absent a  written agreement from the other parents, file a Petition for Relocation with the Court.   If that is the case, you have more than a simple Motion for Contempt.  it might be time to seek to have the Court change the time sharing agreement between the two of you.  Although without reviewing the court order regarding the parenting coordinator, I cannot tell you definitively  that you have not violated something.  However, it is highly unlikely since your ex is the one who moved.  She seems like she is ignoring anything the parenting coordinator attempted to do to begin with. You would probably benefit at least consulting with an attorney in your area as how to best move forward from this point. Best of luck, Cindy Vova Law Office of Cindy S. Vova Plantation, FL 954-316-3496 info@vovalaw.com  ... Read More

  It really depends how the settlement is structured. If it is structured that all of the money is for your wife's pain and suffering and future pain and suffering, then she has a good argument that it is "all hers."  However, if the attorney presented her claim and incorporated a claim that you have for loss of consortium as well as lost past or future wages (because your salaries are marital assets) then you may have a claim to some of the money.  Of course, if you are not planning on getting divorced (and, after 25 years, hopefully not) and she ends up depositing the money in a joint account (or you purchase something jointly with the funds) then typically you can claim it is a gift and she cannot try to isolate it as a non-marital assets should the marriage go south.    Hopefully, this is just an academic question, and she is really planning to get you some present you always wanted with her new found wealth. 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

Are you asking how to get him out of your house and bacak with his Father?  You should be able to tell your case manager that you no longer are able to care for him and you want him to go back to his parents or another foster home.  This will force them to make a decision on the father one way or the other.    ... Read More

if you are not a party to the divorce, you are a "non party" and before the lawyer can ask for your records he is supposed to file a "notice of intention to subpoena records from a non party" and you should have been provided a copy thereof, and given the opportunity to object. This process must be followed by the lawyer. If you object then the lawyer has to take your deposition and can ask that you bring records to the deposition. As such I would also file a motion for protective order and serve the lawyer with it. You may need to have a hearing on your motion at which time the lawyer will have to show the court why your personal financial records are relevant and necessary in the divorce.... Read More

Private mediation is used when the parties income exceeds the limit for court provided. You must both make a combined income of less than $100,000 to get court provided. The mediators are all qualified and registered with the court, so it makes no difference whether the mediator is court provided or private they are all good. ... Read More

Why in the world would you not want to be named as a successor beneficary on a life insurance policy? I suppose it is like being named in a will as a beneficary. You don't have to accept the money, or you can give it to a good charity, but you can't make someone not name you in their will.... Read More

If the pension was disclosed and dealt with during the divorce and not awarded to you, then it is in the nature of property and you cannot modify the agreement or final judgment to get an interest in the pension.  If it was not disclosed then you maybe able to obtain some relief. You should review the situation with an attorney who can fully review the terms of your final judgment and the beneficary designation to better answer your question.... Read More

There is a strong public policy in the state of Florida for children to have continuing contact with both parents long as that contact is in the best interest of the children. You should be able to get around the the fall. You should speak to an attorney about the particulars of your situation.... Read More

Well, depends on a few things.  If you ask him to leave, and he refuses, you’ll need to take civil action to get him out.  If he doesn’t pay rent (and never has nor has there been an agreement to do so) and he’s not claiming a title to the property, you’re looking to file an unlawful detainer lawsuit (basically, he’s a guest that’s overstayed his welcome).  If he’s claiming some title to the property, you’ll look to file an ejectment lawsuit.  From the facts you’ve provided, it doesn’t sound like you’re dealing with an eviction situation.  In either an unlawful detainer or ejectment action, you may find it helpful to consult and hire a real estate attorney to do this for you.  Depending on your county, you may find helpful guidance information and forms for each of these on the Clerk of Court’s website.  Word of caution - each has particular steps to be taken, and if such steps are not taken correctly, it can result in delays and perhaps a need to refile.  ... Read More

You cannot remove a child from the jurisdiction of the court or more than 50 miles from the other parent, with out court permission. This falls under the Florida relocation statute and possibly parental kidnapping statutes if you simply take the child out of the country.  I suggest you go to court and get a court order before you relocate. If you have not already done so, you need to  file a "notice of intention to relocate"  which is a specific pleading with the court, and serve the other parent, then get a court date and have a judge decide if you can relocate the child. You must comply with the Florida Relocation statute when you file your pleading, which means that the pleading must contain specific details in accordance with the statute.... Read More

Do not remove the child from the state unless you have a court order stating that you can do so. You should file a notice of intention to relocate in accordance with the Florida relocation statute, serve the other parent then go in front of  a judge and get a court order granting or denying the relocation.... Read More

Truthfully, without seeing the Prenuptial Agreement, it is hard to say.  However, if we assume that the prenup only covers assets that he acquired prior to the marriage, you would likely have an interest.  Even in cases where there is not a prenup one party can purchase a property for the benefit of the marriage and it would be considered a gift to the marriage and therefore, marital property.  The problem lies in whether the prenup discussess this newly acquired residence, or whether he used only his own separate property to purchase the property.  In that case he may have a claim to the entire residence.  Still it sounds like he has a mortgage on this property.  In most cases you would be entitled to have of the equity that is paid down during the course of the marriage. This is kind of a complicated analysis that would require a review of the prenuptial agreement and how the residence is titled.  If you are very concerned, it would be worth discussing it with our own independent attorney.... Read More