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Ophelia Genarina Bernal-Mora
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Ophelia Bernal-Mora’s Answers

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  • How do I proceed against opposing counsel who didn't show up at court-ordered scheduling conference? Motion for contempt?

    This involves a dissolution of marriage.

    Ophelia’s Answer

    No. The Court will address it. You filing a motion for contempt is not the appropriate thing you can do. Further, the judge likely addressed it with the attorney already, rescheduled the case, or unilaterally scheduled it without the attorneys input. You would obviously know that since you were there. Things happen.

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  • Can a judge order me to pay child support on $50,000.00 when i provided proof that i was no longer working on that job

    I had a child in New Jersey in 1986 The mother & child moved to Texas in 18989 I moved to Florida in 1991 - I notified NJ Child support - They told me it was no longer under there jurisdiction. After movi...

    Ophelia’s Answer

    Courts will typically do this when they believe you have voluntarily underemployed yourself and instead of calculating the support amount at your current income rate they impute you with the higher wage that you had previously made or have the potential to earn.

    My concern is the length of time that has passed and the amount of arrears you have allowed to accumulate. It sounds like the last court action was at least a decade ago unless more facts have not been provided.

    I would recommend you consult with a local family law attorney to discuss further.

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  • I went to court last week for Dv . The judge said don't have any prove for Dv againts me but he gave me 3 years RO .

    So now I have to see my daughter in a visitation center . In other county , my wife. Took my daughter to other county . So my lawyer wan to bring my daughter back to were I live because is where my daughter born . How you think this is going to...

    Ophelia’s Answer

    If you are represented by counsel, you need to direct these questions to your attorney. If you are not satisfied with your current representation then you are within your rights to seek out new counsel, but obtaining the information in an online forum here on Avvo is unlikely to yield you much because we as attorneys generally do not comment when the party is represented by counsel.

    Call your attorney first. And if you are still unsatisfied then contact some local and experienced family law attorneys to discuss your case and options.

    Sincerely,
    Ophelia Bernal-Mora, Esq.
    Orlando Family Law Attorney

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  • Reasonable Privacy For Phone/Skype Communication With 10 Year Old Child

    Custodial mother lives in FL, father lives in CA. I am the mother & have repeatedly told ex-husband he is welcome to call anytime on my phone & I will facilitate communication by phone/FaceTime/email/text. Father insists on complete privacy - I do...

    Ophelia’s Answer

    Your actions seem reasonable as a parent - ESPECIALLY for a 10 year old. He seems to be wanting to control the situation. I am curious what your court documents state as to communication because it does not appear you are restricting any type of access between the child and the father.

    I think you would be wise to maintain all communications, continue to foster positive and continuing contact between child and father, and let him decide how he wants to proceed. If he chooses to file a modification action, I would recommend contacting a local and experienced family law attorney ASAP to address his baseless claims.

    Sincerely,
    Ophelia Bernal-Mora, Esq.
    Orlando Family Law Attorney

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  • I am paying arrears for 7 years that my ex didnt have custody. Can i present family court paperwork to get those years removed?

    We were never married and child support was ordered a month before family court took shelter custody from her. He lived with my parents from infancy to 7 years old. I gained full custody when he was 14. He is now 18. The courts are not only holdin...

    Ophelia’s Answer

    I agree with my colleagues. You need to hire an experienced family law attorney to assist you with this, file the necessary motion and set it for hearing in front of the judge or hearing officer. All necessary evidence and testimony needed to show the amount reflected as owed is incorrect will need to be shown to the Court and properly introduced and the court will have to make a decision about what the total actual arrears are owed.

    Sincerely,
    Ophelia Bernal-Mora, Esq.
    Orlando Family Law Attorney

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  • Answer to supplemental petition and standard family law interrogatories for modification.

    I filed a supplemental petition to modify child support and served on my ex after a recent contempt hearing against me. I was ordered to find work. I just got a response to the supplemental petition along with interrogatories by my ex's attorney....

    Ophelia’s Answer

    Interrogatories are part of the discovery process, whether a party likes it or not. You have to answer them within 30 days. If the information requested in the interrogatory questions is not applicable to you then write N/A and move on to the next one.

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  • How do I court order my spouse to have drug/alcohol testing/ treatment done as a condition to visitation with our children?

    He is making bad choices such as receiving a DUI recently and frequent drug use. What sort of documentation do I need to show drug/alcohol use and also to show emotional/verbal abuse of our children? I am planning to file for divorce.

    Ophelia’s Answer

    This can be done through the divorce you are intending on filing. An experienced attorney will be able to gather the necessary facts and evidence to assist in achieving this type of request. In Orange County, we have to file a Motion requesting drug/alcohol screenings/evaluations and go in front of the judge to have it ordered if the court agrees with the motion.

    I would recommend you consult with a local and experienced family law attorney and begin the process.

    Sincerely,
    Ophelia Bernal-Mora, Esq.
    Orlando Family Law Attorney

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  • If my x has kids with someone else and will have to pay child support to them soon, will that affect what he pays me?

    My x-husband pays me 1/2 of what the state guidelines says he should. He is about to get div and has 2 other kids with his current wife. Will whatever he has to pay her affect what he has to pay me if I try to get the support modified?

    Ophelia’s Answer

    Is he paying you half of what is ordered to be paid or are you just under the impression that he is paying half of what he should be paying? I would recommend contacting an attorney and discussing to see if you even have grounds for a modification.

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  • Up until last year I had my 5 year old daughter all the time and her dad was never in her life. Then my dad was arrested

    for chid abuse. After a thorough investigation DCF cleared my daughter as not being a victim, but my daughters father filed an injunction for protection Obo my daughter and the judge granted it. I then hired a lawyer and she was able to reopen the...

    Ophelia’s Answer

    That is definitely odd, especially since there is no proof she was a victim and I am assuming your father is not in her life at all anymore. I would recommend you contact and hire an experienced attorney to assist you with this. In Orange County when there is a current injunction in place, and then a subsequent family law case, they are combining the cases to be heard by the same injunction court judge. Is it Judge Apte?

    If the motion for temporary relief is not successful, you may want to have an attorney file what is called a motion to dissolve injunction. If this judge is still persistent in this ruling, you may wish to seek appellate relief and/or request that the judge be recused and the case re-assigned.

    I would strongly recommend getting counsel.

    Sincerely,
    Ophelia Bernal-Mora, Esq.
    Orlando Family Law Attorney

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  • I WANT TO FILE FOR FULL OR JOINT CUSTODY OF MY CHILD IN ANOTHER STATE.

    I moved to Florida in 2008.I found out in 2011 that I had a daughter born in 2004. I requested paternity in 2012 and paternity was completed in 2014. I have expressed to the state of New York that I wanted to raise my daughter. I am now being char...

    Ophelia’s Answer

    Is the paternity case in New York? Is your daughter in New York? If so, you need to contact a New York attorney for assistance.

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