Daniel C. Oliver's Answers

Can my x wife move my 17 yr old daughter out of state,we have 50/50 custody w/her the custodial our divorce papers say no.

If the existing order was entered by a Florida court, then your ex-wife is required to give you proper advance notice that she wants to relocate with your daughter. Look at Florida Statute 61.13001 for detailed information on what the notice is supposed to do. The law further provides that if a parent moves a minor child without following the notice requirements, it can result in the child being broght back and a change of custody being instituted. So your ex-wife would be taking a big risk...

4 lawyers agreed with this answer

Is the final disposition form the same as the final judgement forms?

There is a Form 1.998 Final Disposition Form available from a number of online court/public sources. It is not a family law specific form (that is, it's not a 12.xxx form). If you have any difficulties or issues with the forms you're being asked to fill out, I strongly suggest you speak to an attorney. Good luck to you.

3 lawyers agreed with this answer

Did the Temporary child support stop when the injunction ended?

I think there's an argument to make that child support should have stopped after 6 months when the DVI expired. Yes, the child support provisions in the DVI do conflict with the 6-month expiration of the DVI and this does make your case complicated. But even though the hearing officer in the child support enforcement case has stated you owe all the back child support, I'd recommend you speak to an attorney to see whether you can try to take this issue to a circuit judge to decide. This is an...

Selected as best answer

Being the Petitioner of an Injunction for Protection/ Domestic Violence/ Harassment can you file a motion for attorney fees?

Because DVI proceedings don't allow attorney fee awards in a similar fashion to other domstic relations cases (e.g., see Fla. Stat. 61.16), then I can understand if claims under Fla. Stat. 57.105 are somewhat more common. But proving that someone should be sanctioned/punished under 57.105 is difficult, and requires that the person making the claims follow specific steps. I always recommend that an attorney at least be consulted when you are involved in any type of litigation. This is no...

2 lawyers agreed with this answer

1 person marked this answer as helpful

How could I get a non custodial parent's rights revoked?

I am quite certain that the Department of Children Families (DCF) can get involved even without the father getting arrested in the presence of the daughter. DCF can and will remove children from homes where they are being neglected and/or abused. But even if DCF cannot or does not help, your wife can ask the judge in the family law court where the original custody order was entered to modify that order. If what you say is true, something must be done quickly. It sounds like these children...

Selected as best answer

Is eight year old considered minor in the marriage dissolution?

It is a long-standing principle of Florida law that a child born to a married woman is the natural child of the husband. It is a principle designed to protect the best interests of the child and prevent persons outside of the marriage from challenging the legitamacy of a child. That being said, if your husband does not believe he is the natural father and doesn't want to be declared the biological father, then he or you can bring an action to declare the establish paternity between the...

Selected as best answer

What are legal implications of leaving my family for a week to make them realize my worth as a stay home mom.

I don't think there's any issues from a legal standpoint in just taking a little break from your family. Provided that you coordinate it with your husband and everyone knows where you're going. But I don't think it's a good idea just to leave without them knowing -- that could be something that's brought up down the road if future issues arise with your husband. You might think about going to marital counseling as well, so that you have a way to confront your husband about this actions....

2 lawyers agreed with this answer

Can a man ask for a paternity test even if the mother request one?

If the mother of the child doesn't consent to your son being the father, he should first register with the Putative Father Registry maintained by the Florida Department of Heatlh, at http://www.doh.state.fl.us/planning_eval/vital_statistics/putative.htm. To establish that he's the biological and legal father, and to establish his parental rights, he'll need to file a Petition To Establish Paternity in the local circuit court. He has the option to ask the judge in that case to require a DNA...

2 lawyers agreed with this answer

My husband filed a verified supplemental petition for modification of final judgment for dissolution of marriage regarding.....

Generally speaking, a party to a lawsuit is still entitled to receive copies of all documents related to a case even if that party is considered in default. I would however encourage you to direct your question to your husband's attorney, as he/she is certainly in the best position to give you informed answers. Good luck.

1 lawyer agreed with this answer

1 person marked this answer as helpful

CAN SHE LOWER HER ALIMONY PAYMENTS

I'll assume that you and your ex-wife entered into a Marital Settlement Agreement (MSA) that provided for the payment of alimony. Most well-drafted MSAs have standard "waiver" provisions that provide that failure of a party to insist on strict performance can't be construed as a waiver of that party's rights to enforce the MSA. Even if your MSA doesn't have that, if the judge ratified and incorporated the MSA provisions into your Final Judgment of Dissolution, her failure to pay the alimony...

1 lawyer agreed with this answer

1 person marked this answer as helpful