You have a very serious issue on your hands. First, if there is abuse, the Department of Children and Families in Florida needs to be contacted immediately so that they can investigate the matter and complete a report. Second, it is imperative that you go back to Court. If you cannot afford to hire an attorney, you can file pro se (which means you're self represented) and request the Court's relief. If there is an Order in place requiring that your son visit with his Father- it should...
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When you say it was overturned- are you referring to your boyfriend having filed and then having cancelled and closed the pending case so that he could maintain her on his insurance? Generally, if your boyfriend has lived in Florida for greater than 6 months he can file for a dissolution of marriage in Florida. If the case was permanently closed in Tennessee and never finalized (as many cases are that are never pursued, or that are voluntarily dismissed by one or both spouses) you should be...
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Yes, it is completely appropriate to list zero income, if you have zero income. Your Husband may seek to impute income on you-which basically means they would ask the Court to put the amount of income, you could be making, in the child support guidelines. Their argument may be that you could be working and thereby reducing the expenses. However, often when one spouse has no income, it is because they are caring for young children, that may not be school age yet. If that is the case, then...
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It sounds like you have very legitimate reasons to relocate- in addition to the Father's criminal background and lack of timesharing with the child due to his prison time. The most important thing to remember, as you start making decisions, is to check the Florida Statutes (Section 61.13001) and make sure you follow each and every guideline. These Statutes are online, should you wish to read them. If you relocate properly you can rest much easier when you arrive to your new location....
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I'd like to preface this response by making sure that it's understood that there isn't an attorney that is able to address all of your concerns completely without first reviewing the file and conducting standard discovery at a minimum. With that being said, you are certainly not doomed, but you will need to find an attorney that has dealt with a dissolution of marriage, which involves one of the spouses owning a business. It sounds like you will need to hire a forensic accountant to...
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Sometimes the Court will enter an Order requiring the exchange/disclosure of certain information that will be presented at trial- like documents: photographs, bills, bank statements, summaries, expert reports, etc., in addition to requiring the parties to disclose witnesses. You can also file trial discovery such as a Request for Production for all documents to be used at Trial and Trial Interrogatories to require the other party to answer which witnesses they will use at Trial, including the...
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First- her attorney should never tell her to lie under oath. Second- Her sexual preference should not adversely affect a parenting plan/custody issues. I would suggest that she get with her attorney- keep a diary of all issues related to the child, including all caretaking duties for the child, school related issues (parent teacher conferences, PTA, volunteering), medical/dental issues (names of doctors, who took the child to the doctor, etc.) and put together a plan to present that she...