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Marian Audrey Lindquist

Marian Lindquist’s Answers

1,261 total


  • I am creating a will an have sole parental responsibility and father has no visitation (he is in jail). Can I name a custodian?

    Do I have the right to name someone in my will to take over my rights to my child in the case something happens to me? Would it be honored or if the father got out of prison would he just be handed over to the father? The father as of now has to p...

    Marian’s Answer

    Yes, you can name a guardian, but that does not mean it will be honored, but it may well be. It's a step in the right direction. I also urge you to create a trust naming a separate person as trustee over the money, as opposed to the guardian. This takes away the potential that your child's father ever gets the money, it separates the child from the money. It also takes away the need for a guardianship over your child's money, which is very expensive. I urge you to talk to an attorney about how to structure this.

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  • Can a father give up parental rights to a minor child in a divorce case?

    I know the Court has a separate packet for giving up parental rights, but was just wondering if it could be done all in one case rather than two separate cases. Thanks!

    Marian’s Answer

    A father can agree to give a mother sole parental responsibility in a divorce, but he cannot generally give up his parental rights in a divorce. The giving up of parental rights is generally one done when there is a step-parent in the wings waiting to adopt.

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  • Should I get a lawyer?

    I have a child. His father and I were never married but he did unfortunately signed his birth certificate. I left him over a year ago because he was very physically abusive. He has no contact with my child and neither of us ever went to court. I a...

    Marian’s Answer

    I agree with both prior attorneys that you have all the rights in Florida and the father has none, at this time, unless they are established through a paternity action. Unfortunately the passport is harder to get. It requires both parents cooperation and they will see his name on the birth certificate. They have a form affidavit that can be completed explaining why the father is not present. You have to present them with enough facts in that affidavit they grant you the passport. Good luck.

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  • In the state of Fla how long does an heir have to bring a legal action against the estate and when does the clock start

    The executor of my fathers estate is dragging his feet about liquidating the assets of the estate. When will I lose my right to sue based on the statue of limitations

    Marian’s Answer

    I agree with Attorney Haubert, it's a trick question. It depends on the nature of the claim and whether you were served with a Notice. Consult with a local probate attorney and do it quickly.

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  • My 18 year old is failing her senior year and has been baker acted twice this year. How do I legally kick her out?

    My child is failing her senior year of high school (unlike her previous school years as an honor roll student). She is disrespectful, destructive and causes unnecessary drama in our home. She works but does not pay us any rent, she spends her mone...

    Marian’s Answer

    I agree with both Attorneys Morcroft and Smitten, but if I were using legal process I would try an unlawful detainer action before I would use ejectment. That being said, before I would use legal process to get my daughter out of the house I would find an apartment for her, preferably with her involved in the process, put down first, last and security, help her move and then change my locks. Alternatively, would be interested at all in a job in the military, say the Coast Guard, would they want her? Good luck.

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  • What do you do when a new client asks you to represent them but they have ignored multiple judges orders, etc.?

    At our last hearing, the judge ordered that I and my ex wife: 1. Answer all emails within 72 hours 2. Use Familywizard for all non-emergency communication 3. I claim our son for 2013 taxes My ex wife has ignored the 72 ho...

    Marian’s Answer

    Hypothetically, what would I do if I had a client that continually ignored court orders? I would keep sending that client copies of the pleadings and court orders filed in that case, possibly via certified mail.

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  • I need to file motion of enforcement and revise my divorce decree. I need advice and help.

    My ex wife has custody of my daughter and is not letting me visit her and will not communicate or answer my emails. She won't give me her phone number and she has negatively impacted my daughter's attitude towards me and now my daughter won't resp...

    Marian’s Answer

    I agree with Attorney Mullaney and Feuerstein. It is my experience that in a situation with a parent who violates court orders the only remedy is consistent pressure by filing motions for contempt. You do not need to get bombastic. You need to prove your case.

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  • Is a GAl or an evaluator always assigned to a time sharing case if the parent can't decide on a parenting plan?

    I want to know if a GAL or evaluator is always assigned to a time sharing case? My ex and I can't decide on a parenting plan so I am wondering if we go to trial if our home have to be evaluated if both parent seem to be fit

    Marian’s Answer

    My best guess is your case is going to trial and a judge will decide the terms of your parenting plan in whatever the judge deems to be the best interests of your children. It's a crapshoot. Agreeing is better.

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  • Continuation of hearing coming up, first part was over a year ago. How on earth can judge be expected to remember testimony??

    A little over a year ago, I took my ex to court for numerous violations of our parenting plan. Well after 2 hours of her answering questions, we ran out of time so the judge ordered that the hearing be continued another day. So the conti...

    Marian’s Answer

    I agree with both prior attorneys, judges take notes. In a case like that it's good to have a court reporter. They will generally sell you an audio CD very cheap. I listen to the audio in my car for a month or so before the hearing so I can remember what was said and use that during examination.

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  • In the state of Florida, at what point do they decide if someone is mentally challenged enough to make their own decision?

    My sister in law had some brain damage during delivery when she was born 43 years ago. She lives with her dad, but we feel he is not the best to care for anymore as he is having his own health issues. She wants t live with us, but he has told us f...

    Marian’s Answer

    It is my understanding of the law that a person in the State of Florida is presumed to be competent unless they have been adjudicated incompetent. Unless your sister is in a guardianship and your father is the guardian, she can live where she wants. Social Security's standard is not so rigid. I assume your sister receives Social Security and your father is her representative payee. I believe, but am uncertain, that you could take her to the Social Security office and change that. Guardianships are cumbersome and expensive. Your father would receive notice if you attempted to adjudicate your sister incompetent. I do not know that your sister is incompetent. I wish you, your sister and your father all the best of luck in resolving this situation.

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