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Gilberto Romilio Izquierdo

Gilberto Izquierdo’s Answers

9 total

  • How do I determine the Enforceability of Postnuptial Agreements

    In Florida, there are three requirements for an enforceable postnuptial agreement: (1) there is no fraud, deceit, duress, coercion, misrepresentation, or overreaching; (2) the agreement is not unreasonable or disproportionate; and (3) both spouses...

    Gilberto’s Answer

    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

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

    My son doesn't have his last name, and he abandoned me when I was pregnant, now he wants to spend time alone with baby, when hasnt seen him for 5 months. He wasn't unsupervised visits and I am scared he will harm or take away my baby. He history ...

    Gilberto’s Answer

    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.

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

    I had a lawyer in the beginning but he said trial $1000 pr week..wow I dnt qualify for a public lawyer so what to do now i have court coming Oct.17 2012 and the trial.I didn hit my ex but they have pics and a statement from her,she got into a figh...

    Gilberto’s Answer

    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.

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

    can this be amended if a substantial change of circumstances (i.e. decrease in income). "The parties agree that although the timesharing in this agreement may be substantial for purposes of ontaining a discount in child support, he is waiving s...

    Gilberto’s Answer

    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 obligation. Please be advised that I need to review the entire case and related documents to give you a definitive answer.

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  • 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

    should i bail him out or leave him in jail until his next court hearing?

    Gilberto’s 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.

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

    My friend was served papers from her son's father that he is asking for equal time share and downward departure in child support for their child.He owes 2 years back pay.He has a paid attorney.My friend is a single mother and cannot afford an atto...

    Gilberto’s 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 introduce such evidence to the Judge in the case. The lawyer representing the child's father may properly object to the entry of the criminal record if the evidentiary rules of procedure are not followed, and the judge may reject the evidence on the basis of the legal objection. You may want to look into the Father's ability to pay for your friend's attorney's fees, if you can find an attorney that will be willing to take the case on that basis (that is, take a chance that the Judge will eventually order the Father to pay the Mother's attorney's fees).

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

    I want to know more about visitation. Do I have to send her to Texas with her dad.

    Gilberto’s 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, you must consult with an attorney to plot your next move. I am available to speak to you.

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

    I was divorced in 2006 and since remarried. The divorce decree say I cannot move out of the state of Florida without written consent from my ex husband or a court order. Is there any form or letter I can have my ex husband write giving me such c...

    Gilberto’s 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.

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

    if the husband presented the divorce docs but the wife refuses and she is not a resident can the divorce still be done also what the husband currently provides for the child but the mother wants child support even though the child doesnt even live...

    Gilberto’s Answer

    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 certified process server to commence the divorce process, and eventually have a judge decide on what terms the divorce should be granted if the Wife still "refuses" the divorce, regardless of whether the Wife is a Florida or US resident. Do not confuse the Florida residency requirement to get a divorce, and US permanent residency. Non US residents may still get divorced in Florida, as long as the person filing for divorce has lived in Florida for at least six months prior to the filing of the petition. If you have further questions, feel free to call me.

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