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Sabina Tomshinsky
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Sabina Tomshinsky’s Answers

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  • Can I evict step son 20 years old from my house?

    Married and have 2 kids of my own. 3rd is step son from wife previous marriage

    Sabina’s Answer

    If your step son never paid you any monies for staying at your house, then to remove him you should pursue an action for unlawful detainer pursuant to Chapter 82 of the Florida Statutes.

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  • How Can I Not Allow Him To Get Joint Custody? Don't I Have All Rights?

    My Baby's Father Wants To Get Joint Custody He Stays In Georgia I Stay In Florida Im Against It Our Baby Is Only 5 Months He Has Put Me And My Child Life In Danger He Has Put His Hands On Me Numerous Times I Don't Feel It Is Safe And His Name Isn'...

    Sabina’s Answer

    Based on your post, it appears that you were not married to your child's father at the time of your child's birth and as such you now have all the decisionmaking authority over the child and all the the timesharing rights to the child. For the father to obtain timesharing rights as well as other rights and responsibilities with regard to the child, he would have to commence a paternity action and have you served. Even if he seeks equal timesharing in his petition, you can always counter him with a different timesharing proposal which can be tiered (supervised to unsupervised, etc.). The fact that the father has endangered the child is something that you would be able to bring up at that time in support of your timesharing proposal. When the Court first establishes a parenting plan with a timesharing schedule, the Court is governed by the "best interest of the child" standard. Section 61.13(3) of the Florida Statutes lists the factors the Court considers in determining the best interests of the child. Evidence of domestic violence, child abuse, is one of those factors that the Court considers. Consequently, the father can always ask for equal timesharing (joint custody) but it does not mean he will get it. Good luck!

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  • How do I file to fight for custody of my children?

    Already divorced in Orange County, FL. Want to fight for custody of my children. They (ages 13 & 14) live in TN with their mother. Lots of things have been happening up there, like son who has autism is not being cared for properly, daughter ha...

    Sabina’s Answer

    In order to modify your parenting plan/time-sharing schedule, you must reopen your case by filing a supplemental petition for modification of parental responsibility, parenting plan/time-sharing schedule and other relief and have your ex served with the petition. You may have to file other, ancillary documents, as well, depending on what was filed in your divorce action or what other relief you may be seeking. I would also suggest that you include your proposed, new parenting plan with the supplemental petition to be served on your ex so she is aware of the type of modification you are actually seeking. In order to modify time-sharing, you must show the Court that there has been a substantial, material, permanent, unanticipated change that has occurred since your current parenting plan/time-sharing schedule was first established. This is not an easy task. When your ex is served, she must respond within 20 days of service. Once served, she may either Answer or just file a Motion to Dismiss. I would at least consult with an attorney to see if you have enough to proceed with a modification. Perhaps a better approach may be a Motion for Enforcement/Contempt. Good luck!

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  • If your ex-spouse gets married, does her spouses income come into play with regards to child support?

    My friend has 2 children and pays child support. The support was initially based on him getting kids every other weekend and 1 weekday every other. He since fought it and actually gets the kids for 4 overnights during the week, mom gets 3. He did...

    Sabina’s Answer

    Child support is based on the parents' income only. So the income of the mother's husband should not be considered.

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  • How do I get my parents name off the deed to their house and their mortgage without gong through probate?

    Both parents are deceased, mother recently. The only thing left in both of their names is their house. They had a mortgage which I have always paid. The will left everything to my sister and I. It would go directly to my sister and myself. We...

    Sabina’s Answer

    Based on your fact pattern, it appears that you will have to commence a court action to transfer ownership of the home to you and your sister. If the house was your parents' homestead property, then you would either have to pursue a homestead determination action by itself or as part of summary administration. The Order on the petition to determine homestead status of real property would transfer the ownership of the property to you and your sister, in equal shares, per stirpes (unless the will provides otherwise). That Order is recorded in the public records of the County in which the proceeding is commenced and then you would have to contact the mortgagee to see if you can assume the mortgage. When you proceed with your court action, you will also have to file your mother's last will and death certificate (without cause of death) and you should also have the death certificate recorded. A probate attorney would be able to assist you with this matter.

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  • My son will be 18 in ten months will his child support end even if he is still in high school

    Child support

    Sabina’s Answer

    Pursuant to Section 743.07(2) of the Florida Statutes, child support may continue beyond the age of 18 if the child "is between the ages of 18 and 19, and is still in high school, performing in good faith with a reasonable expectation of graduation before the age of 19." However, your final judgment may state otherwise. I would suggest that as a first step you refer to the language in your final judgment.

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  • Should I file for child custody if we were never married? As a mother, am I automatically awarded custody?

    My ex and I share a 5 month old but we are separated. He is stationed in CA but the baby and I reside in FL. He has been known to lash out irrationally and I'm afraid one day he'd be crazy enough to take our daughter and not return her. I'm afraid...

    Sabina’s Answer

    Since you were never married to the father, in Florida, by default you have all the time-sharing rights to and decision - making authority over the child until paternity is established.

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  • What procedures do my father and I have to go about to have the condo placed in my name for when he passes ?

    My parents own a condominium in Margate Florida. My mother has passed and the condo is in my fathers name and hers. My father wants to have the condo appointed to me when he passes . Being there is 7 children in the family we want the least compli...

    Sabina’s Answer

    Your father should consider a ladybird deed or an enhanced life estate deed wherein he would retain full ownership of the condo (including the right to sell or encumber the property) until his death and, upon his passing, you would become the owner of the condo by operation of law. There are other tools that are available to your father and he should consult with an estate planning attorney about the best course of action for him, taking into account creditors and tax implications. An estate planning attorney can also assist your father with the preparation of an appropriate power of attorney document.

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  • How do I, and the other beneficiaries excluding his wife, petition to have her removed?

    I am one of 7 beneficiaries on my grandfather's will. He passed away in 2009 We have found that his personal representative, his wife, is: Wasting or poor administration of the estate & Failure to keep proper records of the sale of property or a ...

    Sabina’s Answer

    You should consult with a probate attorney about your concerns and address the filing of a petition for removal of personal representative as well as other options that you may have. Perhaps the personal representative may be convinced to step down prior to commencing litigation, after being apprised of her misconduct.

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  • Is a durable POA covering everything? And can it be done with 2 people having the same control? Not one over the other?

    I need to have a POA done

    Sabina’s Answer

    I would just add that though Section 709.2111(1) of the Florida Statutes does permit a principal to designate two or more persons to act as co-agents, "[u]nless the power of attorney otherwise provides, each co-agent may exercise its authority independently." This should be taken into account in drafting the document.

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