Florida Family Legal Questions

Dear Anonymous: You are 100% correct that Florida's  equitable distribution laws begin with the premise that all marital assets and liabilites are equally divided.  That said, since the property in question is owned jointly, but in another state, a Florida court could not  order that it be sold and divided Now you don't say you are planning to divorce.  But, you could  have a postnuptial agreement drafted where a) if the marriage doesn't work you could plan now as to  what would happen to the property and b) if you live "till death do you part" determine what would happen to the property upon the first to die.  For example, if you predeceased your wife you could provide that the Illinois property would be left to your wife, who could then dispose of the property as she chooses. Alternatively, the postnup could dispose of the property in another way when both of you pass that you could agree upon now. The difference with estate planning, is that the individual who creates the plan can change the plan in the future.  With a postnuptial it can only be changed if both parties agree. Before you make any decisions, it would be wise to  speak with an attorney who you could discuss all of the facts to help you make the right decision. Best of luck. Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward:/Miami Dade: 954-316-3496    Boca Raton:  561-962-2785 www.vovalaw.com... Read Answer

The father has a constitutional right to see his daughter. So if he decides to file an action to get a court order for reasonable visitation or even joint custody, then you will have to defend that action. In that action, you can also file a countersuit to get child support. Normally the judge always gives primary custody to the mother when the child is of tender years, and normally the father would get reasonable visitation privledge. ... Read Answer

Dear Ms. Newton:    If the parties cannot agree on a value of the property, then the best way to resolve the issue is to either: a) Sell the property and then you will both know the highest and best value that can be obtained in the open market and then you can divide the proceeds, or; b) If one of the parties wishes to retain the property, then have a licensed retal estate appraiser do an appraisal of the property to determine value.   If you each wish to get your own appraisals and they differ, typically the parties will agree to the midpoint between both as to value.  Candidly, the appraisals should not differ that much as appraisers are held to certain standards in preparing appraisals.  However, if you go to court, each party would have to have their appraiser testify and a court cannot take a midpoint...the judge will have to determine whose appraisal should be used.  Again, another reason to resolve this amongst yourselves.     Also, as to your name being on the note,  it is suggested that if one party is buying out the other party that the party retaining the property be required to  refinance it to remove the other party's name from the note obligation.  Otherwise,  the party being bought out will still be on the obligation, and not only will it remain as a debt on his/her credit rating, but if the person retaining the property does not pay the note, then the lender can pursue both parties. Hope this helped. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade; 954-558-0074 Boca Raton/Palm Beach: 561-962-2785... Read Answer

Dear Anonymous: Florida law requires that both parties either file a financial affidavit with Court, or, if there are no children, Florida Family Law Rule 12.285  provides that: Upon agreement of the parties and filing of a notice of joint verified waiver of filing financial affidavits, the court shall notrequire that financial affidavits be filed. In the notice, both parties must acknowledge:(A)that evidence of their current or past financial circumstances may be necessary for future court proceedings;(B)they each have provided the other with a fully executedand sworn financial affidavit in conformity with FloridaFamily Law Form12.902(b) or 12.902(c), as applicable;(C) that the responsibility to retain copies of all affidavits exchanged rests solely with the parties;(D) that the waiver only applies to the current filing and does not automatically apply to any future filings; and(E)that the waiver may be revoked by either party at anytime. If they did not comply with this rule and file the notice of waiver of affidavits as set forth above, there are certainly grounds to try and set the divorce settlement aside.  It would be best to have the actual papers reviewed by an attorney.  The law is not clear if the waiver may be revoked after there is a final judgment,  or what your mother would be seeking to modify from the final judgment, but know that a divorce may be sent aside for fraud, and there is no limitation on how long after a divorce is finalized that it can be set aside for a fraudulent financial affidavit.  It would be interesting if your father claimed he did give your mother a financial affidavit, but I guess he'd have to produce it too.  Seems there are several grounds to attack the judgment worth exploring. Best of luck, Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade : 954-316-3496 Palm Beach/Boca Raton:  561-962-2785  ... Read Answer

Arelis: The putative father is violating the restraining order by texting you.  Do not respond to his texts anymore, and in fact, you should file a Motion to hold him in contempt for violation of the restrianing order, and attach copies of the texts he has sent. As to the paternity test, it seems you  have enought to deal with at this time without worrying about the test.  However, if  you get before the Court on the violation of injunction you can ask the Court to have him take a paternity test.  I am not aware of a lab that will come to your home and do the mouth swab for the children's DNA, but you could call around to find out. You might be able to do it this way but the two tests (dad and children) will have to be from the same lab. But again, he should not be contacting you, and you should not be responding.   Best of luck with the babies and your case, Cindy S. Vova Family Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach:561-962-2785... Read Answer

Dear Ms. Hollin: The father would have to seek a modification of the original Court order that ratifed the agreement for the current time sharing schedule.  In order for the father to do so he will have to allege a substantial  and material change in circumstances, and that the change to timesharing is in the best interest of the child. See; Section 61.13(3) Fla. Stat. It is a relatively difficult burden to meet.  However, regardless of the differences you have with your child's father, if you think that the child spending a little more time with the father may actuallay be good for the child, you can always enter into an agreement to let him have more time.  Family law, and particularly any issue involving children, is a unique  area of law in that a person making a request may not always be legally entitled to what he or she is requesting, but  the parents may realize that, notwithstanding the law, a particular change may well be best for the child.  In such instances, the Court will ratify the change as long as the parents agree. Obviously, I know nothing about the particulars of your situation, so I just wanted you to know the options that are available.  I am sure you will ultimately do what will be best for your child. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton/Palm Beach: 561-962-2785  ... Read Answer

Dear Anonymous:   Yes, your friend can file an action with the Court  under Florida Statute 61.09, "alimony and child support unconnected with dissolution."  This section of the law permist a married person, who is no longer living with the other spouse to seek child support as well as alimony when the other spouse has the ability to pay support and does not do so.   She will have to file an action with the Court.   To start, she can look at this form https://www.flcourts.gov/content/download/685832/file_pdf/904b.pdf, which provides some direction as to how she can proceed to to this.   Best of luck, Cindy S. Vova Family Law Offices of Cindy S. Vova. P.A. Miami-Dade-Broward: 954-316-3496 Boca Raton-Palm Beach:  561-962-2785         ... Read Answer

You should reach out to counsel here in Florida to discuss all issues you raised in a "free" phone consultation. Consultations are totally protected by the attorney client privledge. Any case filed against your son's "cousin's" parents for lack of supervision that allowed your son to be sexually molested may result in a "significant" homeowners insurance settlement. Any case pursued would be on a contingency fee basis which means you pay nothing unless the case is settled. ... Read Answer

Where did the sexual contact occur between your son and the mother of his child. If it occurred in his "cousins" home, then you as guardian of your minor child, could bring a case against the parents of your minor son's "cousin." This would be a claim for negligent supervision and their homeowners insurance policy may provide a source of recovery. I have handled cases similar to this and have had successful results. ... Read Answer

Dear Ms.  Grenier: Yes, your son has rights. He has to establish paternity through the court by filing a Petition to Determine Paternity.  He can loook up Florida Family Law forms and go to section 12.983(a), and the additional subparts to get guidance. As of the date of writing this reply, under Florida law he is not established as the legal father  until  the Court enters such an order.  It is best to try and do this before the mother leaves the state, since he has to have her served by the sheriff or a licensed process server with the petition.  However, if she does leave, he can still have her served in the state where she moves, and Florida will still be the state with jurisdiction to hear this matter.  If paternity is contested, the court will order a paternity test.  Once paternity is admitted or scientifically proven, the court will then determine a time sharing schedule, even if it is long distance, and will also set child support. There are some changes coming to the paternity laws as of July 1, 2023, but it is best that your son take action at this time.   Best of luck, Cindy Vova Family Law Offices of Cindy S. Vova, P.A.  Broward/Miami- Dade: 954-316-3496 Boca Raton: 561-962-2785  ... Read Answer

Dear Anonymous,   Assuming that your child is already 18, and has graduated from high school (check the wording on your child support obligation as it may say that child support continues until the child turns 18 or graduates high school, whichever is later, provided the child is still in school and it is anticipated the child graduates before the child's 19th birthday)  your child support should have ended.  Once the child turns 18 you cannot go back to modify child support.  However, if the payor parent owes suspport arrears you should go to court to get a judgment requiring the parent to continue to pay the support the parent failed to pay while the child was still under 18. Best of luck. Cindy S. Vova Law Offices of CIndy S. Vova, P.A. Broward: 954-316-3496 Boca Raton: 561-962-2785... Read Answer

You must comply with mandatory financial disclosure under Florida Family Law Rules of Procedure 12.285 when you are seeking to modify a Parenting Plan. (You can look up the Rule online.) Why? If the modification involves a change in the number of overnights each parent has with the child(ren), or the addition of new expenses, such as health insurance for the child, school expenses, after-school day care, etc., these will likely modify the child support amount. Since child support has to be re-calculated, financial disclosure is required. This is particularly true for requiring the production of a current (new) Family Law Financial Affidavit at the very least.... Read Answer

Dear Anonymous: You can file a Petition to Determine Paternity.  There are forms on line that will guide you, including a request for a paternity test.  Check out https://www.flcourts.org/Resources-Services/Office-of-Family-Courts/Family-Courts/Family-Law-Forms?sort=&view=embed_custom&searchtype=form&limit=50&query=petition%20to%20establish%20paternity&offset=0 . Look for family law forms 12.983(a) and 12.983(e).  This will get you on your way. The court will probably order the father to pay child support as the father has a legal as well as a moral duty to do so. I hope this helps and wish you the best of luck.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Boca Raton-Miami-Dade 954-316-3496/561-962-2785  ... Read Answer

Dear Anonymous:     In order to establish parental rights in Florida there must be a Final Judgment of paternity established by the Court.  If the other parent is contesting your paternity then it is best to file an action to establish paternity and request that the Court order a paternity test.  However, perhaps if you do the home test and show that there is paternity the other parent will agree to same.      Now you could file the action for paternity (and timesharing as they run together) and then see if, in the answer, the other parent admits paternity.  If she does, then the test will be unnecessary.  If she does not you would have to file a motion with the court  for DNA testing, with you bearing the initial cost, subject to reimbursement if you are, in fact, the parent.  However, to truly establish a timesharing schedule wtih the child, even if the parties agree, you want to have a court order with the timesharing in it so ithis can be enforced if the other parent fails or refuses to follow it in the future.   I hope this helps.   Best of luck, Cindy S. Vova  Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton/Miami-Dade 954-316-3496/561-962-2785  ... Read Answer

Dear Ms. Gibbs:     First, if the parties have not established paternity through a Court judgment, then dad has no technical legal rights.  So, if he left the state he could be required to return immediately.  However, since the primary concern should be the best interest of the children, the parties would have to work out a parenting plan that would cover most aspects of timesharing, dividing holidays, schools, etc.  A form for a parenting plan can be found at  https://www.flcourts.org/content/download/686031/file_pdf/995a.pdf.   If the parties can work through this, then there also has to be a determination of child support.  There are many on-line free calculators to assist.  They may not be 100% accurate(and it also depends if the information included is accurate to start) but it will likely come pretty close.   If all this is amicably resolved, then a Petition for Paternity would have to be filed with the Court (there are forms for that as well), all of the agreements fwould also have to be filed,  and a final hearing held.  If the parties can be civil about all this, they might be able to go to a mediator and get everything straightened out without  adversity.    Hope this helps. Best of luck, Cindy S. Vova LAW OFFICES OF CINDY S. VOVA, P.A. Broward/Boca Raton/Miami-Dade 954-316-3496/561-962-2785   ... Read Answer

Dear Ms. Millee:   Typically the consent of both parents is required to change a child's name.  However, if you are the legal guardian of the children, and the parents do not consent, you would have to serve them with notice of the petition for name change.  If they do not respond then it is likely the judge will grant the name change.  If they do respond then you will have to make our your case as to why the change will be in the children's best interest. Good luck!   Regards, Cindy S. Vova Law Office of Cindy S. Vova, P.A. Broward-Miami Dade- Palm Beach 954-316-3496/561-962-2785    ... Read Answer

After you are married, you can petition the Circuit Court where you live for a change of your child’s name. You will need to serve the out-of-state birth father with a copy of the Petition but it sounds as if the father will not respond to the suit. If he does not answer, you can prevail by default. Note that a name change for a minor (like an adult) needs the completion of a background check of you by the FBI and the Florida Department of Law Enforcement. You must have a set of two fingerprint cards to send each agency. You can expect a delay of a few months to receive the criminal background checks.  If successful, you can request a new birth certificate to be issued out with the new name.  This sounds very bureaucratic and it is. I would recommend you have an attorney assist you.... Read Answer

Yes. You need to file a Petition in the Circuit Court of the county where you now live to both domesticate and enforce the Final Judgment in Georgia. Once the judgement is domesticated, it becomes a Florida judgment and can be enforced in our state. You should have a lawyer’s help with the Petition for domestication and enforcement. Good luck!... Read Answer

  Thank you for your question and I am sorry they are having this very negative experience with their adult child.  Your friend's problem is not a legal matter if they do not wish to pursue an eviction, which is their right. If the adult son does not want to seek necessary psychological counseling and they do not wish to evict, I would highly recommend that the parents seek counseling on their own. The goal would be to learn how to deal with the son, negate his ungrateful (and potentially dangerous) threats and perhaps how to recognize his serious emotional issues and how the parents can deal with those issues adult-to-adult.   If they need to protect themselves in the future should the matter escalate to a threatening situation, they should also learn how to secure a restraining order which would have a mandatory removal component  requiring the son to leave. Give them my best wishes... Read Answer