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Kelley Anne Joseph
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Kelley Joseph’s Answers

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  • Can I get a divorce in florida if I was married in the Dominican Republic

    none

    Kelley’s Answer

    Agree with the answers above. Yes. If the other party lives out if state, you can file it once you meet residency anywhere in Florida. If they reside here, file where you last resided together with the intent to stay married before separating. However meeting residency for a divorce does not necessarily satisfy requirements relaying to parenting issues, or a parenting plan, which is governed by the UCCJEA as to how to establish jurisdiction over children. See a qualified family lawyer.

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  • Can the mother of my daughter take her outside of the state?

    My baby momma can take my daughter of the state of florida with my concern? She is threaten that she will. I am fighting the 50/50. But she doesn't know that too.

    Kelley’s Answer

    The law states that the filing of a petition to establish paternity is enough to invoke strict compliance by the parents with F.S. §61.13001 on "Relocation ", which details mandatory requirements for pleading, and grounds to be met by the mother- who can ask for temporary relocation within 45 days or permanent relocation within 90 days of the notice for trial. It requires you to file a TIMELY sworn set of objections on why its not best for the child to move. You need to show how involved you are in your child's life, provide financial support, contribute to health insurance, child care, and that there is no adequate substitute time if she moves that you can afford. In reality, parents leave without telling the other all the time. That doesn't mean the court will always order the child's return, but will likely hold an evidentiary hearing to determine whether the move is in the child's best interest. The determination fact specific, on a case by case basis. Y

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  • I am a father seeking full custody of a minor child due to the mother being an achoholic and pill problem, what are my chances ?

    Dose her own family's testimoneys ,are they submittable in family court, for the protection of that minor child ? The mother of this minor child has had and has recent and past history of this problem, its stops for a couple of months and lasts fo...

    Kelley’s Answer

    • Selected as best answer

    The facts of this case seem to support a call to child protective services or 180096ABUSE. If the mother is using, the man is using ( what was he convicted for) and is sleeping in the bed with your child, it sounds like an imminent risk. Otherwise, you can file an emergency motion for temporary sole timesharing; for supervised contact; and yes, her family or other eye witnesses may testify at the hearing. You need a lawyer.

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  • How do I know what the correct child support payment should be?

    My daughter is turning 18 this month. Her father stopped paying child support for her. He wrote me a new check for my other daughter,based on his income 8 years ago. I asked him to base it on his current income. He does not feel comfortable lettin...

    Kelley’s Answer

    The first question is, does the final judgment co template the change in payment when the first child emancipated? If not, he is obligated (depending on the judgment language) to pay the amount he has always paid pending order, and in fact, it is his burden to file a supplemental petition for modification, at which time the current income and circumstances will be determined. Until then, he may be in contempt of court for self- modifying. The language in your final judgment is key..

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  • Unwed father wants to expediate paternity petition that was filed. Paternity is acknowledged and uncontested

    I signed my sons birth certificate and acknowledgement for paternity was signed and notarized by mom and dad We are unwed. She refuses to allow me to visit so I filed paternity petition. Mediation is set for 7-5-12. Her answer to my petition agree...

    Kelley’s Answer

    "I signed my sons birth certificate"
    and "acknowledgement for paternity was signed and notarized by mom and dad"
    "Her answer to my petition agrees that I'm the father and it is uncontested"

    We hear this more times than we like. Unfortunately, while the term you will use in your motion is that, as a matter of law, paternity is not disputed, and or should be established, it has not been established. Signing a birth certificate obligates you to pay child support, nothing more. The acknowledgement of paternity signed by both parents is a tool to obtain a court order establishing paternity, which is the stepping stone to any timesharing. You should hire a lawyer because if she admitted in her answer that you are the legal and natural father, you should file a Motion for Entry of Partial Final Judgment Establishing Paternity, and reserving on the remaining issues. This motion can be set on the court's motion calendar (or UCD, the 8:45 a.m. calendar Monday - Thursday, for matters of less than five minutes which are non-evidentiary in nature). Once you get that order, which is easy to get, then you can file a motion or urgent motion for temporary relief, in the form of a temporary parenting plan, temporary shared parental decision-making and for holiday timesharing. Then you can attend mediation to try and broker a final resolution but you should do this immediately because if you don't, and if she decides to move out of state, there is nothing you can do to stop her before paternity is established, and as long as you do not try to tie this with timesharing, it will be easy to do, and a short-cut to establishing some temporary timesharing that is in no way tied to child support. At that point, you will be an equal parent to her in the courts, and there is no more custody in the state of Florida, just parenting plans which will designate all the things you are concerned about. Good luck.

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  • Someone file a restraining order against me and told the judge i have receive the the sherrif order to show in court .

    which i never did!!!!!!!! the judge base the DECISION my no show and grant the person . My record is blemish and i want to send a motion to reverse the decision and trow it out , What shell i put in the motion what wording i use? Sorry Eng...

    Kelley’s Answer

    The court will automatically reset and extend an ex parte temporary injunction for protection against DV without a hearing and without findings if no service filed by law enforcement in the court file, in order to allow more time for the police to serve you. This is different than a injunction being entered with findings by the court after service and after hearing the evidence presented by both sides. If you don't want to wait for the reset date, you can accept service and file a demand for hearing within five days. Be ready to appear when told in the five day window, and be ready to present your case then. You can go to the 2nd floor of the Broward County Courthouse DV clerk for assistance. The DV civil Injunction judge is Judge Michael Kaplan, 8th Floor. His judicial assistant is Shelley. Good luck.

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  • Can child supprt take money from my law suite

    because i am waiting on my check and everybody that was in the acciedent they have receive they check and i am still waiting.would they know if i am receving my check or not?

    Kelley’s Answer

    If the custodial parent knows you had an accident, and mentions it to a private lawyer, or department of revenue or the state attorney- whoever handles the enforcement, they can obtain a lien on it before its disbursed- and at that point your lawyer cannot release the money once on notice of lien or intent to seize. Further, if your ex finds out after you get the check, the department can freeze and/or intercept the money in your account, with the exception being certain joint accounts. Be mindful of this. Otherwise there shouldn't be a problem at least in getting the check.

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  • My ex and I have joint custody. Circumstances have changed, he works evenings. Can this be overturned?

    Our divorce was final last March, 2010. We have joint custody and each have him every other week. Circumstances have changed since we filed and he now works evenings and weekends. I'm living with my parents and he moved in 2 doors down with his...

    Kelley’s Answer

    Following up on what the other attorneys have said, all of which is correct, I think its important to note that in the state of Florida for example, one must show a substantial, permanent, material and unforseen change in circumstances warranting modification of an existing custody order. In Florida, while the term "custody" is no longer used, older judgments are still subject to modifications of "custody" from "joint custody" to "primary residential custody", or in more extreme circumstances, where perhaps all overnight timesharing is terminated, to "sole custody". It's important to consider whether the change in hours is permanent in nature, or will revert back to the previous shift schedule, and perhaps an easier resolution would be to seek a modification which requests a "right of first refusal", to wit: if either parent is going to be away from the chidlren for more than __ hours, then the visiting parent shall give the other parent the first right to have the children, and only upon refusal, may he or she leave the children with a third party, such as a girlfriend. This may be easier to accomplish than "sole custody".

    I think the court will look to the reasons why your son does not want to stay with your Ex-Husband's new girlfriend (if this is a basis for modification, and is predicated upon something other than a desire to be with you if you are seeking to prohibit his girlfriend from ever watching the children).

    I don't believe it hurts him that he moved so close to you, and in fact, seems to be a great reason for adding a "right of first refusal" and perhaps using his relocation and change of work hours as the basis for modification to include such a provision. This would in all likelihood be cheaper and less emotionally taxing than a full blown custody battle.

    Good luck. Please consult local counsel to determine the types of "custody" where you reside, and the basis for modification.

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  • What do I do about a mother that has left the state without my consent with my child?

    She broke up with me a month ago, made me move out, and to seek a place of residence. I am in a unique situation cause the friend I live with has no income cause his family member pay for his bills therefore I keep getting disqualified for free he...

    Kelley’s Answer

    Unfortunately, signing a birth certificate in the state of Florida only obligates you to pay child support, and does not provide you any rights to timesharing or to enjoin her from returning to the state unless and until you establish yourself as the legal father in a court of law, either through DNA testing or stipulation.

    Time is of the essence as you indicate that you only saw your child twice. If no legal proceedings for child support are pending, I don't know what could have occurred allowing you to "sign for your parental rights" outside a birth certificate. Again, signing the birth certificate, while the right thing to do morally perhaps, only obligates you you to pay support but provides no legal rights to be a father. Further, the longer she stays there, the more difficult it becomes and this should be done prior to her being in another state for six months..

    I strongly suggest you file a Petition to Establish Paternity, Custody, Timesharing and Other Relief. If the Mother remains out of state for six months, things will become more complex, as she can then try and force you to litigate the issues in her home state, knowing you can't aford the costs or potential risks to your employment for all the related travel.
    .

    Once you establish paternity here in Florida, preferably by DNA testing for about $300.00 (which if she objects to, and you are the biological father, she will have to pay for, along with a portion of the fees). you can file an urgent motion to force her to return with the child, but remember this gets less likely the longer you allow her to remain out of state without filing your petition.

    If a child support obligation has not yet been established, you may want to consult an attorney first to see if he or she can help, and what the cost will be before you start voluntary payments prior to a a paternity test. While its true there will be arrears when the paternity test comes back positive that you are the biological father, the court will give you time to pay off the arrears, and if funds are limited, you must secure your right to counsel first if you hope to have a relationship with your child. After she is in the new state for six months, she can file, and require you to defend against an action in that state, at which point a hard situation can become an impossible siituation both financially and emotionally...and can involve lots of travel out of state for hearings.

    If money is short, please go talk to the staff at the pro se self help area in your local court house. You can also call your local county bar association and look for attorneys who will work on a significantly reduced fee. Otherwise, virtually every famiy law attorney is well versed in handling such cases.

    Don't forget, file to establish paternity, either through testing or otherwise. Once you do, then do the emergeny hearing to enjoin the mother from again relocating and for a pick up order on the child.

    Good luck!

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  • I am trying to get temporary custody of my grandchildren and they live in PA How and where do I start . Both parents are in jail

    Were and what do I do first

    Kelley’s Answer

    I'm sorry, I said Maryland, but meant to say PA. Its a typo.

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