Andrew G. Storie’s Answers

Andrew G. Storie

Altamonte Springs Divorce / Separation Lawyer.

Contributor Level 12
  1. 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?

    Answered about 2 years ago.

    1. Andrew G. Storie
    2. Veronica Semino
    2 lawyer answers

    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...

    2 lawyers agreed with this answer

  2. Child Support Enforcement

    Answered about 2 years ago.

    1. Andrew G. Storie
    2. Jonathan Robert Simon
    3. Melanie Lynn Quattrone
    3 lawyer answers

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

    Answered about 2 years ago.

    1. Charles Edward Fyler II
    2. Andrew G. Storie
    3. Thomas R. Peppler
    4. Joshua Gammon Sheridan
    4 lawyer answers

    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

    2 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Andrew G. Storie
    2. Robert Jason De Groot
    3. Brent Allan Rose
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Marian Audrey Lindquist
    2. Brent Allan Rose
    3. Andrew G. Storie
    4. Gregory Thomas Buckley
    5. Richard Milton Knellinger
    5 lawyer answers

    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....

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  6. My ex wants to take my son out of the state for vacation and I have told her no. She says she is going anyhow.

    Answered about 2 years ago.

    1. Gregory Thomas Buckley
    2. Robert M Chambers
    3. Andrew G. Storie
    4. Sema Yildirim
    4 lawyer answers

    What does the Parenting Plan say? Does it allow her to take the child out of state? If it is silent and it is not interfering with your timeshaing, then there is not much you can do. However if it does interfere with you timesharing you can file a Motion for Contempt

    2 lawyers agreed with this answer

  7. My husband just emailed me Divorce papers and wants me to wave the 35 day waiting period in NJ. Can he do that?

    Answered about 2 years ago.

    1. Daniel A. Bachert
    2. Robert Jason De Groot
    3. Andrew G. Storie
    4. Robert Ricci
    4 lawyer answers

    The laws of Florida and New Jersey are very different and the only attorneys allowed to give you advice on New Jersey divorce laws are attorneys that are members of the New Jersey Bar. Therefor, in order to have your question answered you need to contact an attorney in New Jersey....or an attorney in Florida that is licensed to practice law in New Jersey.

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  8. Do I need an attorney to file a counter petition for child support?

    Answered over 2 years ago.

    1. Andrew G. Storie
    2. Aaron James Irving
    3. Kristopher Robert Reilly
    3 lawyer answers

    You can file a counter-petition without a lawyer and you can represent yourself in court. Please be advised that the judge will hold you to the same standard as an attorney and can not help or assist you. Therefore, you can do it, it is just not advisable.

    2 lawyers agreed with this answer

  9. Can I get arrested for stepping in my own house?

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Andrew G. Storie
    3. Robert Jason De Groot
    3 lawyer answers

    Unless the Judge gave your wife exclusive use and possession of the house or there is an injunction stating you can not go to the house, you are allowed to return to the home and can not be arrested. You are not allowed to remove anymarital property from the home. However, it is probably not advisable to return to the house becuase your wife may call the police and lie to them and state that you hit or abused her. If she does that, you might be arrested if they believe her.

    2 lawyers agreed with this answer

  10. How to petition the court for atty fees

    Answered over 2 years ago.

    1. Andrew G. Storie
    1 lawyer answer

    The first thing you need to do is to see if you asked for attorneys fees and costs in your Petition for Dissolution of Marriage (or, if your Husband filed, your Counter Peition for Dissolution of Marriage). If you asked for it, you will then need to file a Motion for Attorneys Fees and Costs and set the matter for a hearing. You will need to prove to the Court that you incurred attorneys fees and that those fees are reasonable. You will also need to prove to the court you have a need for the...

    2 lawyers agreed with this answer