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Andrew G. Storie

Andrew Storie’s Answers

186 total


  • Filing for divorce mother of children left in may and im living with mother in law and kids. can wife still take them from me?

    my concern is that after 3 months of her not seeing them or calling can she just come back and claim them? what do i do? how can i file for emergency custody if i dont have the $400 filing fee?

    Andrew’s Answer

    Until you file for divorce, you and your wife are equal parents and have equal rights to take the children. Depending on the local rules in your county, that may change once you actually file for divorce. In many counties in Florida, once you file for divorce, an administrative Order kicks in that prohibits either parent from moving the children from their current address without permission of the Court. Filing an Emergency Motion for Custody is only for extreme cases - such as when the children are in phyical danger or the other parent is about to flee the State with the kids.

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  • What is it called when married but seperated, and ou want to file for some sort of visitation order?

    I am not living in the home. We have established a child support. However I want to establish a visitation ( because we always are not always civil of course) and want to guarantee seing them. would this be paternity and other relief, establishin...

    Andrew’s Answer

    There is no such thing as a legal seperation in Florida. While you can get support in Florida unconnected to a Dissolution of Marriage, you genearlly can not get a Parenting Plan with timesharing unconnected to a Dissolution of Marriage. IF the two of you agree, you can sign a Joint Parenting Plan with a timesharing schedule. If either of you refuses to follow it, then you can file for divorce, file the agreement with the Court and ask the Court to ratify it. IF you can not agree on the schedule, then you need to file for divorce. As long as you are married you and your spouse have full equal rights relating to the children.

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  • Child Support Enforcement

    My ex hasn't been paying all of his child support and alimony for about 6 months. In June, I filed a motion for contempt. His total monthly is $3,000. He has paid $0 for June and July. My hearing isn't until the middle of October. I don't exp...

    Andrew’s Answer

    Unfortunately your only recourse is to have the hearing. The Court cannot act on your motion without giving your ex due process (a chance to be heard in court). You would have to contact the Judge's judicial assistant to see if there is an earlier hearing date - you could also try and set the hearing in front of the General Magistrate - they usually are able to get you in quicker than the judge. Good luck

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  • I am considering a divorce from my husband. What are my rights?

    We have been married for 23 years and don't have any kids.

    Andrew’s Answer

    I agree with my colleague above....this is a very open ended question that requires much more information than a forum like this is intended for. I would advise consulting with an attorney in your area

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  • In Florida, would abandonment in marriage be grounds for Anullment?

    My wife seperated from our marriage,moved back to Indiana, has no intentions of returning to Florida to woork on our marriage. Due to religious reasons, I refuse to file for Divorce. I am also a Music Director at a church and would possibly lose m...

    Andrew’s Answer

    In Florida, you can only get an annulment if either
    1) The marriage was illegal - i.e. she is related to you (sister, cousin, aunt), she was under 16 (or under 18 without her parents consent) or either you or her were married to someone else at the time of your marriage; OR
    2) The marriage was induced by fraud and the marriage was never consumated.

    In your case, the question 1) Did you sleep with her after the marriage ceremony - if so, you are not eligible for an annulment. If you did not sleep with her, then you may be able to argue that the marriage was induced by fraud because she had to intention to marry you and live as husband and Wife.

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  • If you have other children from another marriage can your child support go down?

    Have had 4 more other children since being on child support. the other parent collects SSI

    Andrew’s Answer

    The Florida Child Support Guidelines takes into account child support paid for children born before the child(ren) the current support you are calculating. However it does not take into account children born after the children for the current support you are calculating. So, for example lets say you have been married three times. With your first wife you have a child named Allen, with your second wife you have a son named Ben and with your third wife you have a daughter named Christina. If you are recaluculating your child support for Ben, you would be able to get a credit you are paying for Allen since he was born before Ben - but you would not be able to get a credit for any child support being paid for Christina since she was born after Ben.

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  • How do file a exception after getting a proposed order from magistrate?

    Temporary year round parenting plan and child support Is the proposed order. There are some things I Donot agree with. Who do I file it with? Do I need to ask for a hearing?

    Andrew’s Answer

    If you do not agree with the Magistrate's report and recomendations, you must file Exceptions to the Report and Recomendations within ten days. You need to file the original with the clerk of the court and send a copy to the opposing party or their attorney. Check with the Clerk of Court or the Magistrate's Judicial Assistant, but most in most counties the Clerk or Judicial Assistant will set the hearing.

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  • My husband has two sons with a prior girlfriend never married, they have no child support case or custody case, she took thim to

    them to NC from Fl with out telling him what can we do.

    Andrew’s Answer

    Pursuant to Florida Statutes §742.031 and §744.301, your husband is not the legal father of the children and currently has no rights. In order to get rights, he will have to file a Petition for Paternity with the Court asking for a Parenting Plan which establishes parental responsibility and Timesharing. You stated that the Mother took the children to North Carolina....did she move there or just for vacation? If she moved there, and it has been less than six months, he needs to file the Petition in Florida. But if they have been gone for more than six months, he will have to file in the state which the children now live (North Carolina).

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  • Can i do an affidavit of denial of paternity if im legally married and my husband is NOT the father

    I have been seperated for almost a year. My husband and I are both in new relationships. I am 8 months pregnant with my boyfriends child. My boyfriend wants to be on the Birth Certificate but I have been told that because i am married my husband w...

    Andrew’s Answer

    The simple answer is no. In Florida, your Husband is the father of your unborn child - whether or not he is the biological father. In order to accomplish your goals, you will need to have your husband consent to terminate his parental rights and you will need to file a Petition for Paternity naming your boyfriend as the Father. Your husband has a right to say no and can choose to remain the child's legal father. This is a very messy situation that you will need the help of an experienced lawyer with.

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  • My 3 year old daughter's bio dad is going to prison, in the state of florida, can I get sole custody or terminate his rights?

    Dcf was involved a few months ago because he is on drugs and got violent with someone when she was with him. DCF ordered supervised visitation, and he only came to see her like once a month. He is behind on child support, and I don't feel she is s...

    Andrew’s Answer

    In order for your fiance to adopt your daughter, you will need to marry your fiance and either have the father voluntarily terminate his rights and consent to the adoption or have the father's parental rights terminated. Having the state terminate his rights is not easy.
    However, if you can show the Court that the father is incarcerated in a state or county correctional facility and the period of time he has been or is expected to be incarcerated will constitute a significant portion of the child’s minority or that the Father has made no provision for the child’s support and has made little or no effort to communicate with the child which evidences his intent to reject his parental responsibilities, then the Court may well terminate his rights. I would advise speaking to an attorney to help you assess this situation.

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