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Heather Morcroft

Heather Morcroft’s Answers

7,701 total


  • What can I do? I need help please.

    Back in early Februrary, we were in the process of moving had to have someone watch our dog. He is an Akc (Purebred) English Bulldog. My close family friend offered that their cousin could watch our dog for free as long as he gets along with all t...

    Heather’s Answer

    Get a lawyer and file a replevin action or pay to get the dog back and then sue him. But talk to a lawyer first.

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  • I think I'm being scammed... Please help

    I was contacted by a westpointe group saying I'm facing a law sue for a credit debt from over 13 years ago. They had alot of personal info, they said we can settle out of court and they would email me something to sign, print then fax. A settleme...

    Heather’s Answer

    Don't sign anything and don't give them any info. If you have given them any info go to the police. Even if it is a debt, it is highly unlikely they can collect on something thirteen years old.

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  • Do I have the right to ask for visitation for a child that is not mine but I raised from birth?

    She is the sister of my other 3 children all from the same mother. I am getting ready to go to court for visitation for my other 3 children and she asked if she was going to be able to come too. I don't want her to feel left out and I look at her ...

    Heather’s Answer

    If you were in dependency court you might be able to make it happen as sibling visitation. However, in regular family court, the judge will have no jurisdiction over the sibling, and as a non-relative you do not have any legal rights to that child. Your best bet is to try to work out an agreement with mom.

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  • What's the difference between verbal and written statements by an attorney?

    Can an attorney say something verbally in a hearing that would get him sanctioned if he made the same statement in a written pleading or motion that is filed in the case file? If you can refer me to any rules or case law on this subject, I would...

    Heather’s Answer

    There are two ways that an attorney can be reprimanded - by sanctions in court - which are governed by extensive statutory and case law and depend on the situation. For references to rules and case law on this you would need to give more specifics or go to law school. Sanctions are far more likely to be imposed for statements made in writing. Although it is possible for them to be imposed for verbal statement it is rare.

    The other way that attorneys can be disciplined is through the rules of professional conduct. A link to these rules is set forth below. These rules can apply to things attorneys do both in and out of court.

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  • What does a Dependant child mean in court?

    When a judge involved with a DCF case where the child was temporary removed from the mother and now stays with the father and the mother is fighting to get her child back... What does it mean when the judge decided the child to be dependant?

    Heather’s Answer

    It means that the child is temporarily in the custody and under the control of the state - even though placed with the father. The dependency court judge will make determinations about whether the mother is doing the tasks on her case plan to allow her to get her child back, as well as where the child will ultimately be placed when the case is closed.

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  • Can he get custody?

    Hi I just had a baby 8 months ago, the father and I were not married. During my pregnancy he gave the intersection of where we live to complete strangers on Craigslist, we stayed together but he ended up leaving me a week ago, and now he it saying...

    Heather’s Answer

    The default is shared parenting. He would have to show that you were unfit. All these things happened before your child was born. However, I would definitely suggest that you have an attorney, as these are serious issues.

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  • My ex-husband passed away and the deed of the house is under my name but, he had remarried.

    The deed is in both of our names as fee simple, we were married 11 years. The deed of the house is under both of our names, he never changed it. I awarded the house to him during the divorce. That was a marital asset we bought after 2 years of mar...

    Heather’s Answer

    You need to go see a probate attorney to straighten this out. You should have transferred the deed after the divorce, which would have required both of you to do so, or refinancing if there was a mortgage.

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  • Can a landlord give a non court ordered paper to say to be out in 15 days , even though its not for non payment ?

    Hello my landlords posted a 15 day notice to be out by august 1st , rent has been paid and they said it was not for non payment it was to terminate a month to month lease , even though we never signed a lease after they bought this house in an auc...

    Heather’s Answer

    If you are on a month to month lease, which is what you would be on if you have no signed lease, then they have to give you fifteen days notice. It has to be fifteen days before the next rental payment. So if you pay rent on August 1, they would have to give it to you by July 16, as there are 31 days in July. It doesn't have anything to do with court, or non-payment. They may want a new tenant, or to stop renting, etc. It's not nice, but that is what happens when there is no written lease. You can call 211 for assistance in finding a new rental if you are having trouble. You can try to negotiate with the landlord for an extra month. Residential tenancies are governed by CH 83 of the Florida Statutes, which you can review at the link below.

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  • Can I give my dad custody of my baby while I'm away at college

    I had a baby in May, and I have a scholarship for college. My father has agreed to assume custody (he lives in Texas) of my baby while im away at school. My baby's father and I are not together and he has yet to establish paternity. My mother can...

    Heather’s Answer

    You can do a 751 extended family member guardianship by consent, and you can do it as a concurrent guardianship so that you don't put yourself in a situation where you find at the end of 18 months that your dad wants to keep the baby. Go see an attorney in Jax who does family law and is familiar with CH 751 guardianships and talk about this possibility.

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