Gilberto Romilio Izquierdo’s Answers

Gilberto Romilio Izquierdo

Miami Family Law Attorney.

Contributor Level 7
  1. How do I determine the Enforceability of Postnuptial Agreements

    Answered almost 2 years ago.

    1. Jordan Gerber
    2. Gilberto Romilio Izquierdo
    3. David L. Hirsch
    4. Albert Gurevich
    4 lawyer answers

    If what you allege can be proven with competent and credible evidence, you have a classic case to set aside the antenuptial agreement. Also, whether you were represented in the review and execution of the agreement is relavent, as well as the amount of time you had to reciew the agreement before you signed it. Nevertheless, you must sit down with a lawyer to more closely assess your case and know exactly how to proceed

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Does an unmarried father, who is non custodial and is not on birth certificate, have any rights to my infant ?

    Answered about 2 years ago.

    1. Heather Morcroft
    2. Gilberto Romilio Izquierdo
    3. Sara Marie Grant Rojas
    4. Robert M Chambers
    5. Marian Audrey Lindquist
    5 lawyer answers

    Until there is a court order or judgment mandating a parenting plan and time sharing schedule, there will be no law and order regarding the visitation between the child and the Father. You will be in legal limbo, and there will be uncertainty regarding any and all contact between the child and the father. If you prefer uncertainty and disorder, then the status quo is the way to go. I wish you good luck either way.

    1 lawyer agreed with this answer

  3. DOMESTIC VIOLENCE/FIRST TIME IN JAIL I DIDNT DO IT.

    Answered about 2 years ago.

    1. Jason A. Pensky
    2. Gilberto Romilio Izquierdo
    3. Donna Hung
    3 lawyer answers

    Pictures do not always say a thousand words. She may have had those bruises before the picture was taken. Also, taking the police officer's deposition may be a good idea to see of you want to call him/her as a witness. I have won many DV cases when the police testify that that the alleged victim stated things completely different than what she alleges in her petition.

    1 person marked this answer as helpful

  4. If the husband presented the divorce docs but the wife refuses and she is not a resident can the divorce still be done also

    Answered over 4 years ago.

    1. Gilberto Romilio Izquierdo
    2. Bonnie Lynn Canty
    2 lawyer answers

    The only "resident" (or residency) requirement for a divorce to be granted in the State of Florida is that the party seeking the divorce (the party that files the Petition for Dissolution of Marriage) have resided (lived) in Florida for at least six months prior to the date in which the Petition was filed. If the other party does not agree to the terms of the divorce proposed by the Husband (in this case), then the Husband (in this case) must have the Wife served with the Petition by a...

    1 person marked this answer as helpful

  5. My former wife and I divorced in Florida and entered into a Mediation Agreement, herein MA. The MA includes the following item.

    Answered about 2 years ago.

    1. Veronica Semino
    2. Gilberto Romilio Izquierdo
    2 lawyer answers

    This is not a defintive answer dur tonthe fact that I need to review the entire case with you. Nonetheless, reading that which you indicate in your post, it appears that the restriction/waiver applies only to utilizing the substantial time sharing "gross up method" in calculating child support. Therefore, if you have undergone a substantial reduction of your income, typically at least 15%, than you may file a Petition for Modiication and request a downward modification of your child support...

  6. I was the victom in a domestic dispute back in 2007 my boyfriend and i had gotten into an argument and he was arrested because h

    Answered over 4 years ago.

    1. Gilberto Romilio Izquierdo
    1 lawyer answer

    If you were victimized by your boyfriend in a domestic dispute for which he is in jail, you should speak to the prosecutor assigned to the case to make sure you, or your boyfriend are not violating a court imposed stay-away order entered by the Judge based on the allegations contained in the arrest report.

  7. Can a person successfully represent his/herself in a custody hearing?

    Answered over 4 years ago.

    1. Gilberto Romilio Izquierdo
    1 lawyer answer

    I would not recommend that you pull your adult teeth out on your own, without the assistance of a dentist. Similarly, I do not recommend that your friend tackle this case without a lawyer. Can it conceivably be done...maybe, but I definately do not recommend it. There may be relavent evidence that can be used in her case to prove that a rotating time sharing arrangement is not in the best interests of the child, for example, the drug related record, yet it is another issue as to how you will...

  8. My ex husband has not had contact with our daughter. he moved out of state and now he wants visitation. how does this work

    Answered over 4 years ago.

    1. Gilberto Romilio Izquierdo
    1 lawyer answer

    If there is an order of time sharing (visitation) in your case, you must follow the time sharing and parenting plan within it if it takes into account a situation wherein the other parent moved to another state (which some orders include). If the order does not take into account the Dad's relocation, he should look into modifying it to accomodate him. If there is no order or, judge approved agreement involved in your case, you should think about obtaining one as soon as possible. Either way,...

  9. What kind of consent do I need to move with my daughter out of the State of Florida?

    Answered over 4 years ago.

    1. Gilberto Romilio Izquierdo
    1 lawyer answer

    You must comply with the Florida Satute 61.13001 notice requirement. FS 61.13001 applies to any parent that wishes to relocate more than 50 miles outside of the jurisdiction from where the child resides. If the other parent agrees, it will be easy, but you must comply with FS 61.13001 in order to conduct yourself in accordance with the law. I advise that you consult with an attorney to go over the statute with you in order to avoid any problems. I am available to assist you in this matter.