Gladys DeJesus Smith-Mangan’s Answers

Gladys DeJesus Smith-Mangan

Orlando Family Law Attorney.

Contributor Level 7
  1. If my son's mother and I re-married, does that automatically stop the child support paid to her? If not, how do we stop it?

    Answered 11 months ago.

    1. Carin Manders Constantine
    2. William Charles Rosenfelt
    3. Ophelia Genarina Bernal-Mora
    4. Fitzpatrick Cortright Jarvis
    5. Gladys DeJesus Smith-Mangan
    5 lawyer answers

    It will not stop automatically. In more recent judgements, there are certain circumstances that "automatically terminate" child support, but marrying the other parent is not one of them. You will need to file with the court as soon as possible to have the support terminated. Technically, you cannot go back any earlier than the date of the filing of the petition, so time is of the essence (although if you are married, it is likely that any payments being made by virtue of the order are simply...

    3 lawyers agreed with this answer

  2. Summer visitation - Per a conversation with the ex, she is saying that "you can pick the children up when its convenient for me"

    Answered about 3 years ago.

    1. Gladys DeJesus Smith-Mangan
    2. Gregory Thomas Buckley
    3. Joanna Marie Mitchell
    3 lawyer answers

    Yes, your time-sharing would begin on the 25th. The words "at the end of the day" might leave room for interpretation as to the time or location, but the reasonable interpretation of this language, given the references to "academic break" and "classes," is that it begins immediately at the end of school on the last day of school, unless another pick-up time and/or location has been specified.

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  3. Domestic violence

    Answered 11 months ago.

    1. William Charles Rosenfelt
    2. Carin Manders Constantine
    3. Ophelia Genarina Bernal-Mora
    4. Christopher Daniel Leroi
    5. Gladys DeJesus Smith-Mangan
    6. ···
    6 lawyer answers

    I agree with the other responses in that you need to contact counsel right away. That said, I noticed you did not specify whether it was a criminal protection order or a civil one. You also didn't indicate you already had one entered against you. In either case, to answer your question, they are USUALLY ordered for a specific period of time, and if there was no violence against your children, they often set up some kind of time-sharing schedule, and specify the manner in which you will...

    2 lawyers agreed with this answer

  4. Being harrasses through the court system,what can I do?

    Answered 11 months ago.

    1. Carin Manders Constantine
    2. William Charles Rosenfelt
    3. Justin Gary Hausler
    4. Ophelia Genarina Bernal-Mora
    5. Gladys DeJesus Smith-Mangan
    5 lawyer answers

    I agree with the other responses. You need to file a motion that requests attorney fees, if they have not already been previously ordered. If he has to pay your attorney fees, it will discourage him from being so file-happy. There are several types of motions you can file, depending on a little more detailed information about the situation and the prior motions/hearings, so check with a local attorney to determine which is the best one for your situation.

    1 lawyer agreed with this answer

  5. Separated for 5yrs.-pregnant by another man, who is on the birth certificate?

    Answered 11 months ago.

    1. Ophelia Genarina Bernal-Mora
    2. Brenda A Drake
    3. William Charles Rosenfelt
    4. David Alexander Browde
    5. Justin Gary Hausler
    6. ···
    6 lawyer answers

    Your husband is the proper person to go on the birth certificate, since he will be the legal father of your child if you are married when the child is born. You and he can agree in writing to allow someone else to sign it, but this does not change that your husband is the legal father until/unless you take court action. Since the child was conceived during the marriage, you still may have an issue even if you divorce prior to the child's birth. However, if everyone is on board, getting...

    1 lawyer agreed with this answer

  6. I"m filing a exception\appeal from the magistrate in family court case, is there something i can file that keeps the children

    Answered over 1 year ago.

    1. Gladys DeJesus Smith-Mangan
    2. M. Todd Miller
    2 lawyer answers

    A magistrate files a recommendation. It is not an order until the judge signs it. You have ten days from the date of the recommendation to file "exceptions," upon which you can obtain a hearing for the judge to review the record and either approve the magistrate's recommendation, or order it to be modified pursuant to the review of the record. Until the order is signed by the judge, whatever order existed prior to the hearing should continue in full force and effect until an "order" is...

    1 lawyer agreed with this answer

  7. Can an ex-husband prevent the ex-wife/custodial parent from moving LESS than 50 miles away in FL?

    Answered almost 2 years ago.

    1. Omar Jose Famada
    2. Maureen Elizabeth Haas
    3. Joanna Marie Mitchell
    4. Gladys DeJesus Smith-Mangan
    4 lawyer answers

    No, the former husband can't prevent the mother from moving LESS than fifty miles from the address she had at the time of the entry of the final judgment (or the filing of the petitin if a final judgment is not yet entered). However, be aware that moving a long distance, even if less than 50 miles, may constitute a substantial change in circumstances and warrant the court opening the case back up and deciding custdy (time-sharing) all over again. Especially in a case where the parties...

    1 lawyer agreed with this answer

  8. What form do i need to buy and file?

    Answered almost 2 years ago.

    1. Omar Jose Famada
    2. Gladys DeJesus Smith-Mangan
    3. Christina Andrea Mckinnon
    3 lawyer answers

    If she was simply not following the order, you would file a motion to enforce and/or for contempt for her failure to comply with the standing order (which is effective until there is an appellate decision overturning it). However, your indication that she has withheld the child AND said she would "rather them both die than give your child to you" (as ordered) is justification enough that I would feel comfortable filing an emergency motion for pick-up order, in which you would ask for temporary...

    1 lawyer agreed with this answer

  9. When you have a baby do you automatically have custody?

    Answered almost 2 years ago.

    1. Joshua Eli Adams
    2. Gladys DeJesus Smith-Mangan
    2 lawyer answers

    As a mother, you automatically have sole custody of the child if you are not married to the father. This means you are the only legal parent of the child, you have sole decision-making authority, and you have 100% of the time-sharing for the child(ren). If you are married to the father, you both have automatic equal custody. (This is true even if the child is the biological child of someone else... the husband is still the legal father, until/unless certain things take place to change...

    1 lawyer agreed with this answer

  10. Help.... can i keep my kids from seeing their dad until a written agreement is met by the courts?

    Answered over 3 years ago.

    1. Dana L. Manner
    2. Gladys DeJesus Smith-Mangan
    2 lawyer answers

    Who has legal custody depends on whether you were married to their father. If so, you both have equal legal custody and it would not be in anyone's best interest to keep the children from either parent absent a court order or a serious danger to the child. If you were not married, then you are likely the only person with legal custody of the child(ren), and the only person entitled to have the children in your care by law. The Father, at most, may have a "presumption" of paternity if listed...

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