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Andrew G. Storie

Andrew Storie’s Answers

178 total


  • 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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  • What can a 16 year old do to get emancipated?

    i read information about this topic, but the parents will not sign the papers nor want to show up to court.

    Andrew’s Answer

    In order to get emancipated in Florida, you must either 1) get married (this requires parental consent) 2) join the military (this requires parental consent or 3) have at least one parent willing to file a Petition for Emancipation on your behalf. The Department of Children and Families (DCF) can terminate your parents rights or remove your from their home if they discover that you are in danger of physical abuse, neglect or have been abandoned. However, they most likely will send you to live with a foster parent until you turn 18.

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  • Can my daughter's son's father take him on cruise without her permission in state of florida

    daughter never married to father of child, he wants to take son on cruise to grt married to current mother of another child he fathered.

    Andrew’s Answer

    I agree with my colleagues above with this exception. If a child support order is in place, with no timesharing or shared parental responsibility then the Father still has no rights to the child:

    Florida Statute §744.301(1) states “the mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise”.

    Furthermore, Florida Statute 742.031 (2) states “if a judgment of paternity contains only a child support award with no parenting plan or time-sharing schedule, the oblige parent shall receive all of the time sharing and sole parental responsibility without prejudice to the obligor parent. If a paternity judgment contains no such provisions, the mother shall be presumed to have all of the time-sharing and sole parental responsibility.”

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  • I have been separate for about 7 and I want to divorce. Is my wife entitle to claim accumulations of the 401K after separation

    She is saying I have to give her all my accoumulations I made from the time of marriage until the time of the divorce. I think that it should be until the time of separation but I am not sure. Please help me clarify this doubt. Thank you!

    Andrew’s Answer

    • Selected as best answer

    I agree with my colleagues above, the statute states that the date used to valuate marital properties and debts is the date the divorce was filed. This is because their is no such thing as a legal seperation in Florida. However, the judge does have the discretion, for good cause shown, to use a different valuation date such as date of seperation or even the date of the Final Judgment.

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  • If you are recieving child support in the state of fl can you kick you child out ?

    i have 2 18 yrs old i recieve support for but want them out can i just put it in their name and be done with it?

    Andrew’s Answer

    Child support terminates upon a child's 18th birthday, unless they have turned 18 and are still in school with an expected graduation before their 19th birthday (or they have special needs). Once they are no longer living with you, you have no right to receive child support. If they go live with the other parent, you could be ordered to pay child support until they graduate from high school, drop out of school or turn 19, whichever comes first.

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  • My exhusband had order to pay a purge on July 6 for child support and he dont make the payment can he go to jail?

    He is the one who have Agoraphobia with panic disorder and Epilepsy, and he said that he can no longer work but he is been paying a privated lawyer to have social security benefits and another privated lawyer to fighting shared custody after I hav...

    Andrew’s Answer

    I agree with my colleagues above - he can go to jail. But he can ask for a hearing to show he doesn't have the present ability to pay the purge amount. If the judge agrees with him, he will not go to jail or will be let out.

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  • How old do i have to be to emancipate myself?

    In miami, fl

    Andrew’s Answer

    While you cant emancipate yourself, if you are able to support yourself, one of your parents can file a Petition for Emancipation on your behalf. What that means is that you become a legal adult in Florida and able to make your own decisions (you still cant drink or vote though). The Petition for Emancipation must show the Court:
    1. That you are independent and able to support yourself.
    2. A specific plan for meeting your needs if you are not supporting yourself at the time of petitioning.
    3. That you are not dependent on public benefits.
    4. The reasons why you need to be emancipated.
    5. Evidence that the removal of disabilities of nonage is in your best
    interest.
    If your other parent does not sign the Petition, they will need ‘Service of Process’: To be served on them by means of a ‘Summons’ and a copy of the petition and all accompanying documents, if any, by a Deputy Sheriff.

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  • State of FL. Can I move out of my parents home, without consent, at age 17?

    I will be 17 in Sept. My mother is very abusive verbally, and emotionally. She also neglects me. I can work and support myself (as I have been doing this for the past 2 years). I have a place to stay and will pay rent and it will include my bills....

    Andrew’s Answer

    • Selected as best answer

    You can not legally move out without your parents permission. If one of your parent agrees, they could file a Petition for Emanciapation on your behalf (if you are able to support yourself). Otherwise, if your mother is abusive and neglectful, you can call the Department of Children and Families Abuse Hotline at 1-800-962-2873. If they find your mom is neglectful and/or abusive, they may be able to remove you from the home. Good Luck

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  • Can I pick up my daughter from day care and keep her?

    My daughter has lived with her mother since birth ,she is almost two. I was in jail am now free and getting my life in order. I want to take my daughter and live with her. My wife and I are separated. there has never been a custody order, can I ju...

    Andrew’s Answer

    I agree with Attorney Rose. In addition, if your wife is not letting you see your daughter, write her emails asking for timesharing. Keep copies of the emails so you can show the Court she is keeping your daughter away from you.

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