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Andrew G. Storie

Andrew Storie’s Answers

186 total


  • 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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  • Can my incarcerated dad give me permission to live with a family friend at age 17 in florida?

    My mother is abusive and I no longer want to live with her. She neglects me and says awful things to me daily. I am at my breaking point andcant take it anymore. A family friend will allow me to live with her, has helped me get a job. I can afford...

    Andrew’s Answer

    If you are able to support yourself, your father 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 Mother does not sign the Petition, she will need ‘Service of Process’: To be served on her 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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  • I can sue my wife administratively from who I'm getting divorced from taking over the rent of properties in common?

    My wife and I are separated since many years and now we are getting divorce. Since we separated she took control of our rental properties and she keeps all the rental proceeds and the money of the rent however we don't have children and she re...

    Andrew’s Answer

    If the properties were acquired during the marriage, no matter whose names are on the titles, they will be considered marital property (except under a very few circumstances). There is no such thing in Florida as a legal seperation. Being married is like being pregnant - you either are or you are not. As a result, any income from the date you got married until the day you (or she) files for divorce is considered martial income, whether from your paychecks or the rental properties - equally hers and equally yours. This does not necesarily mean you are entitled to get back one half of the rental income all the way back to the seperation. If she has disapated (wasted) the money, you can go back and ask the Court to make her reapay you one half of the monies she disapated up to two years before the date of filing for divorce. During the divorce proceedings she will need to provide all the documentation for the properties, including the rental agreements, mortgages and income received, etc. You can ask the Court to sell the properties and divide the equity in them, if any. There are some other things you may be able to do to get one half of the rental income now, but you would really need an attorney to help you with that.

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