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FAQ

FAQ

FAQ (1)

FAQ

29 Feb 2016 Written by
Published in FAQ
  • What type of motion, objection, appeal? Can I file an objection to the ruling and a stay of execution to the ruling of the judge?

    I went to court on Jan. 8, 2015. I do not agree with the judges final decision nor is the paperwork consistant with the parenting plan that was submitted. The attorney did not get alot of it correct and it is being submitted to the court for signature. What should I do?

    Melanie’s Answer

    on Jan 7
    Not sure if there is a typo in your submission- if you had a hearing on 1/8 of last year, it would be highly unusual for the order to be submitted a year later. You should consult with an attorney as soon as possible.- the matter may well be time sensitive.

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  • How do i stop paying child support for a child that is not mine?

    I took a home DNA test for a child that was suppose to be mine and it came back that she wasnt. I am currently paying child support for her.

    Melanie’s Answer

    on Dec 1, 2015
    I agree with the previous answer- you should speak with an attorney about the details of your circumstances, as they will greatly affect the likelihood of whether you would be able to disestablish paternity. I also agree that a home test will not suffice in disproving that she isn't your biological child.

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  • What should I do try & settle out of court or go to court?

    i'm currenlty in the process of starting court in order to try & stop my childs mother from leaving florida & moving to hawaii with her new husband who's in the navy. currently i pay $530 a month for child support & $260 a month for daycare. shes stated in a deposition that when she gets to hawaii shes not going to be working she going to continue going to school. she is also trying to increase the amount of child support i pay. my question is what are the odds that she has to stay in florida & if my child support increases about how much would it increase? i make $24.12 & work overtime sometimes.

    Melanie’s Answer

    on May 21, 2015
    An assessment of the odds that relocation will be granted and how much your child support might increase can't be made from the limited information provided. The factors considered in whether to grant a relocation are contained in florida statute 61.13001. If she relocates and your time sharing % decreases, it could affect the child support. You should consult with a family law attorney in your area and discuss the details.

  • How can we go about getting our daughter last name changed?

    Another person is on the birth certificate that is not the biological father in which a test proved. I am currently married to the biological father and we are wanting to remove the name and add my husband name and also change our child last name as well.

    Melanie’s Answer

    on Apr 16, 2015
    I agree with the previous submissions. You may have to include/address the man who is listed on the birth certificate in the name change, but you also might be better served by seeking a different form of legal relief and have her name changed via that process. You should consult with a local attorney about the matter to determine your best course of action.

  • Visitation

    What is the minimum visitation a father gets. My ex never was part of my son's life. Now because the DOR is going after him for unpaid support he's trying to get more custody to either get even with me or pay less money. Let me add I have a 5 year injunction. He can see our son but can't go near me. Would a judge give him shared custody? Oh and our son is on the autism spectrum. I'm very worried.

    Melanie’s Answer

    on Mar 31, 2015
    I agree with the previous submissions- there is no minimum time sharing. Determinations are made on a case by case basis. You should consult with an attorney in your area.

  • What if the other party can not be served?

    My x husband is in the middle of places so there is no address for him other than a work address. What if he can not be served before court date? Can I serve him the papers myself?

    Melanie’s Answer

    on Mar 25, 2015
    I agree with the previous submissions. I strongly encourage you to seek legal counsel in your area. Although I don't know your circumstances, service is generally one of the more straight forward matters in a case. I expect that you are going to have many other questions during litigation and would likely benefit from legal assistance.

  • Will a judge take away my timesharing over Extracurricular Activities.

    My ex signed my son up for sports with out even asking me first. I have him every Saturday. I went ahead and did that season but asked her not to sign him up for the following season since I have made family plans. (I do have other children) But I would consider doing it again the season after next. And games were every Saturday. Well she signed him up with out any regards to what I have asked and demanded me to take him on my time. When I refused. She filed a petition to modify the final judgment as to timesharing and for the judge to force me to take him to activities, pay half of them and make her sole authority decision maker. Also filed a motion for contempt. Our final Judgment says NOTHING about extracurricular activities or the cost of them. Will a Judge actually take away my time? Will he make her sole authority decision maker and make me pay for them when I asked her not to sign him up?

    Melanie’s Answer

    on Mar 11, 2015
    It is certainly within the court's power to award her what she is asking for, if she shows that there has been a substantial change in circumstances since entry of the final judgment and that the changes requested are in the children's best interests. However, the relief requested seems a bit extreme based on the facts, although limited, that you provided. You should consult with an attorney in your area to discuss the matter and to protect your and the children's interests.

  • Sole custody of my son who also does not want to be with father ...

    My son father has been in an out of prison and before he went he was being abusive to me and now since hes out he is trying to see my son (he been out since aug 2013)I tried to bring my son to see him but when i did he argued with me an hit me in my mouth and said he would knock me out an took my keys to my car an he did this in front of my son , so when i finally got free to go i have not brung my son to see him and one time even threatened to kill me over the phone, so now he is talking about getting an lawyer to see my son but im scared and dont trust him he even told me he would he would take him and not give him back how can i get sole custody?

    Melanie’s Answer

    on Feb 25, 2015
    Selected as best answer
    You should talk to an attorney in your area immediately about the situation and your options. In addition to the family law issues raised by your inquiry, you may want to seek a protective injunction if is a potential danger to you and/or your son.

  • Can I request a letter from her doctor stating my ex's grandma doesn't have c dif?

    My ex has said his grandma has c dif and then he said she doesn't. Our 9 month old is supposed to start going to his home with which he lives with his grandma this weekend. I would like to request a written note from his grandma's dr stating she does not have c dif. He has refused to get a letter. I am very concerned since c dif is highly contagious.

    Melanie’s Answer

    on Feb 4, 2015
    You can ask for it, but you don't have any authority on your own to compel it. There is not enough information in your submission to give you guidance in the matter. Generally, if there is a court order regarding time sharing already in place, then it needs to be followed. You may be able to seek modification of it based on your concerns. If you were never married to the father and there is no order regarding the child in place, then you are entitled to make decisions on time sharing. You should consult with a family law attorney to discuss your circumstances and to determine your options.

  • I am a single mom of my 6 year old and I have no custody agreement and his father pays no financial support can I move out of FL

    I am being offered a better job in upstate NY plus this is where my 4 other children reside in addition to extended family. The cost of living is lower and the town that my children live in where I will be relocating Rouses Point, NY has practically no crime and just a safer place to raise my son. His father I know will not be like Sure go to NY but I am not sure if he will take it to the point to fight me over it, currently he pays no support we have no visitiation custody nothing on paper he is on the birth certificate, he takes our son about 6 days out of the month and 4 of those 6 days overnight. Where do I start, what are my rights? Can I leave the state of FL to move to NY without his premission? Desperate HELP

    Melanie’s Answer

    on Jan 27, 2015
    If you were not married and his paternity was never established, he does not have legally enforceable rights and you are entitled to leave the state with your son. However, he could then initiate a paternity action and ask that the Court require you to return your son to Florida. You should consult with a family law attorney about your specific circumstances and to determine your best course of action.

  • 1

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