Can one parent claim abandonment even if that parent wont let you see the child?

The problem with this issue becomes how to prove that the other parent was not allowing you to see the child. It quickly becomes a he said she said whether the child was abandoned. That being said, a divorce does not have to be filed in order to obtain time sharing so the parent not being allowed access has to request court assistance as soon as possible in order to short circuit the abandonment argument. Read More

What rights do I have to my children if they have been temporarily removed from my custody in Florida by CPS?

You may need to seek at least a consultation with a dependency attorney in your area that can better explain to you what your rights and responsibilities are while in the system,. Otherwise, you just have to keep calling the public defender and the advocate until you get answers. Or bring up the issues you are having to the judge and see if they assist you. Read More

I have a Domestic Relations case. What is an appropriate range of time for my attorney to submit court documents?

It depends on what it was he had to refile. Typically anything over 30 days or over the amount fo time granted in the order to refile. If you do not have confidence in the work that they are doing for you, it may be time to get a new attorney. Read More

How does having an attorney help in parental rights case?

The court treats all parents that come to family court as if they have the knowledge of an attorney and of all of the laws. Not having an attorney actually there for you means that you must then carry your case in the court as if you know all of the laws and procedures you must follow. Therefore, since your case is already at a disadvantage based on your prior history, your chances of overcoming that without an Read More

Can my wife get into trouble by sending her children over to their dad knowing that one of them gets abused?

She needs to open or re-open a case in family court in order to suspend all time sharing with the children due to the abuse. She may need to request a court appointed Guardian ad Litem that can speak to the children and represent their best interest in court. Read More

My motion for enforcement was granted against my ex spouse, but they have not paid. What is the next step?

[dropcap type="circle" color="#ffffff" background="#555555"]Q[/dropcap] In my divorce, I was to receive my car, but before our divorce was final, they totaled it and took the insurance money. I filed for enforcement of final judgement where it was ruled that she was to pay the money directly to me within 30 days. That deadline expired 07/06/13 and she has not paid me or offered any payments. Can I file for Read More

I want to take my sons father off the birth certificate.

[dropcap type="circle" color="#ffffff" background="#555555"]Q[/dropcap] I want to take him off, he don't do anything for his kids and I'm getting married and my finance wants to adopt them so they can get proper medical assistance cuz much finance is in the navy and my son has kidney disease. [dropcap type="circle" color="#ffffff" background="#ef7f2c"]A[/dropcap] If the stepfather wants to do a step-parent adoption Read More

What is paternity action?

[dropcap type="circle" color="#ffffff" background="#555555"]Q[/dropcap] And also , what rights does he have if he picks my child up from school and doesn't agree to give him back? Is he able to do this? [dropcap type="circle" color="#ffffff" background="#ef7f2c"]A[/dropcap] A paternity action is when a Father who never married a Mother establishes his rights and responsibilities to his child. This type of action Read More

My motion for enforcement was granted against my ex spouse, but they have not paid. What is the next step?

[dropcap type="circle" color="#ffffff" background="#555555"]Q[/dropcap] In my divorce, I was to receive my car, but before our divorce was final, they totaled it and took the insurance money. I filed for enforcement of final judgement where it was ruled that she was to pay the money directly to me within 30 days. That deadline expired 07/06/13 and she has not paid me or offered any payments. Can I file for Read More

Can I get a subpoena for sunpass records?

[dropcap type="circle" color="#ffffff" background="#555555"]Q[/dropcap] My ex is accusing me of not allowing her to have our son until 6:30pm on his birthday and that he went to bed at 8:30pm. Our Mediation agreement says that the child should have 3 hours with the parent that is not exercising time on his birthday. However, she did in fact pick up our son around 1:30 that day not 6:30. Is it possible to get a Read More