Gwen Cryer’s Answers

Do you have a pending Domestic Relations case (divorce or paternity action)? If so, pursuant to the Florida Family Law Rules of Procedure, she is required to provide you with a long list of financial documents, including W2's, income tax returns, all proof of earned income, bank records, etc. Retain an attorney to represent you in this, and they will prepare a Request to Produce all the documents subject to mandatory disclosure, and do a Motion to Compel if she fails to comply.

I would certainly advise against entering a quick guilty plea, and without the assistance of counsel. Have an attorney review the police report. It was a traffic stop and the circumstances of the stop sound somewhat strange ("could have got a DUI and didn't?), so there may be a Motion to Suppress the stop. Also were the drugs actually on your brother or somewhere in the jointly occupied vehicle? There may be some defenses here, and if not, at least your attorney can advocate for the best...

You probably have a domestic violence charge against you, which depending on the facts and circumstances can be a misdemeanor or a felony. Once the criminal case is filed, it is the State of Florida, not your boyfriend, who is the one pursuing the case. In order to best ensure that they will dismiss your case, your boyfriend should sign a Declination of Prosecution Affidavit as soon as possible. While the State usually needs a cooperating victim to proceed to trial, they may still be able to...

They are trying to establish your earnings history and capability for the purposes of calculating child support. You are required to turn over recent checking and savings statements, and provide proof of your income for last year if you do not have your tax return completed. They also ask for health insurance coverage because you get a credit for that when calculating child support, and they also want to know if the child is or can be covered through health insurance available to you (...

Once she was served the Paternity paperwork, she became obligated to abide by the Administrative Order prohibiting relocation of the child. She should have been served a copy of that Order with the Petition. Her actions will not reflect well upon her once the time comes for the court to make a time-sharing schedule, unless she has good cause for her actions. The pick-up Order was denied because until the Court makes a legal finding of paternity, she has sole time-sharing. However, more than...

No. Unless there is a court Order stating otherwise, you are both equal parents with equal rights. You and your husband should both be exercising good faith to share time with your son as is in the best interest of your son, until such time as you execute a Parenting Plan or the Court determines the time-sharing.

There are so many rules of evidence that exist to help ensure a defendant is guilty beyond all reasonable doubt based on sufficiently reliable evidence. Sworn statements are among the things that criminal Courts have deemed generally not admissible in court, due to a Defendant's right to confront (cross-examine) the declarant. Sometimes the guilty do get breaks because our justice system has such safeguards in place. I expect you have done this, but if not, contact a civil attorney regarding a...

Early termination of probation is discretionary, certainly not automatic upon the filing a Motion. You should contact an attorney to prepare the Motion for you and represent you at a hearing that may be set before the Judge on your Motion. You will want to hire an attorney to file your pleading in conformance with Florida law, and give you the best shot at getting the Court to exercise its discretion in your favor. Feel free to contact me for assistance. Gwen J. Cryer, Esq. 1507 Park Center...

If you have lived in Florida for more than 6 months, you could file for divorce in Florida. However, you could also file in Illinois so long as your husband is there. So you would want to consider what makes the most sense on a practical level, as well as strategically. Consider where witnesses in your favor are in the event you need to go to Court and have them testify. Consider whether infidelity is more relevant to an alimony/equitable distribution award in one state versus the other.

I would advise your daughter speak with an attorney ASAP. She may meet the threshold for the filing of a Domestic Violence Injunction, but there are specific standards and she should consult with a lawyer to ensure compliance with those requirements. The police are correct in that if the parties are still legally married, and there are no court orders limiting his contact with the children, he has the right to spend time with the children as does your daughter. Self-help, or in this case, help...