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Daniel A. Bachert

Daniel Bachert’s Answers

971 total


  • If You were married outside U.S and brought your wife to U.S and remarried before the divorce was finalized, What can you do now

    my cousin was married outside United States and brought his wife here. After over two years, they decided to have a divorce. My cousin a had remarried for almost a year now in the state of Florida, what can he do now to fix this matter because his...

    Daniel’s Answer

    If your cousin was married to the first wife at the time he entered into the second marriage the second marriage is null and void and to avoid any criminal issues should be annulled. If he wants to be married to the second woman he needs to complete his divorce with the first woman and then marry the second woman again.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • Can I change my child support order so that I'm only paying owed child support?

    I have a child support order that was established in 2010. My child's mother and I have agreed to modify our childs support order. We filled out the Fl Child Support Guidelines together and the final number with the child care and overnights fille...

    Daniel’s Answer

    • Selected as best answer

    The order can be changed and could be done without you or the mother having to appear in court by submitting an agreed order modifying the child support order. If the Department of Revenue is involved the action may become more complicated and in either case you best bet is to have an experienced family law attorney draft the needed documents and submit the same to the court.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • Should I make a courtesy call to the wife of the adulterer saying her spouse is having a long term affair with my ex?

    My wife is having a relationship with a coworker and I have emails I found in her box to prove it, I told her and she does not care I we are going to divorce.

    Daniel’s Answer

    There is nothing preventing you from doing so. However, there are laws against hacking another individual's or businesses' email account, so you may be admitting to a crime in the process of advising the other injured spouse and depending upon the intricacies of the work relationship involved the after effects of advising the other spouse could result in the termination of your spouse's employment which is something you would not generally want to happen during the course of a divorce for numerous financial reasons.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • When are minors used in family law trials?

    When are minor children typically used in time-sharing trials, other than abuse or some form of violence? How are they typically allowed to testify? Is manipulation by one parent prior to testimony considered a factor?

    Daniel’s Answer

    For a minor to testify in a family law proceeding a Motion to Allow Testimony of a Minor must first be filed and argued before the court. The court will determine if the child is fit to provide testimony and whether or not it is in the child's best interest to be permitted to testify. Such Motions are usually denied and I can not think of one particular fact set which would automatically give cause for the granting of such a motion.

    Sincerely,

    Daniel Bachert
    Family Law Attorney/Mediator

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  • How can my husband adopt my 12 yr old son?

    My 12 yr old has not had any contact or received financial support from his biological father. My husband wants to adopt him and give him his last name. He has raised my son like a father and my son looks up to him and in his eyes my husband is hi...

    Daniel’s Answer

    Your Husband can adopt your son through the process of a stepparent adoption. The biological father will need to consent to the adoption but if he refuses to do so the court can waive the requirement of his consent if it is shown that he has abandoned the child. Your son will also need to consent to the adoption given that he is 12 years of age.

    Sincerely,

    Daniel Bachert
    Family Law Attorney/Mediator

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  • What are my rights?

    I am an American male, 26 years old, and im soon having a baby. The baby is being born in Norway by a Norwegian national. The baby's due date is oct 24 2015. The mother and I were cooperating in the beginning of the pregnancy and now not so much. ...

    Daniel’s Answer

    Seek out and consult with an Family Law attorney in the area where the mother is located. Any action you bring to establish your rights to or with the child will need to be filed in Norway, unless and until the child has residing in Florida for a period of 6 months or more.

    Sincerely,

    Daniel Bachert,
    Family Law Attorney/Mediator

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  • Qdro on 401k

    my husband flied for a divorce we have been to mediation an he agreed that I shall receive my marital portion of his 401k from the time we were married to the time we split up. how do I go about executing a qdro and associated fees requied for sep...

    Daniel’s Answer

    You need to hire a Family Law attorney to review the 401K Plan, each plan is different, draft a QDRO, submit it to the plan administrator for preorder approval, if the plan will provide that service and then submit it to the court for entry and then finally back to the plan administrator for final approval a separation of funds. The attorney you hire need not be in your area and if done properly no additional court appearance should be needed. Not many family law attorneys draft QDROs but our firm is one of the few.

    Sincerely,

    Daniel Bachert
    Family Law Attorney/Mediator

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  • Can a wife be evicted from a house prior to divorce if the house is the sole property of the husband?

    The house was owned by the husband before the marriage. The wife does not work and does not contribute financially to the mortgage or maintenance of the house. Filing for divorce is in process but not yet complete.

    Daniel’s Answer

    No, the Wife can not be evicted and she may even have a marital interest in the home if the mortgage was paid down during the marriage, even if the Husband paid the mortgage from his income, and the home has increased in value during the duration of the marriage.

    Sincerely,
    Daniel Bachert
    Family Law Attorney/Mediator

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  • Can I demand a paternity test during a pregnancy if the mother in question claims that I am the father and how?

    She lives in NY, I in florida. She refuses to speak to me since early in the pregnancy so I cant get any answers about anything.

    Daniel’s Answer

    If the mother gives birth to the child in New York, then jurisdiction over the child will be in New York. You should address your question to New York family law attorneys.

    Sincerely,

    Daniel Bachert,
    Family Law Attorney/Mediator

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  • Do I need an attorney

    i currently have 50/50 custody share with my son. The father schedule has changed and I have him the majority of the time now due to his job status. He is not able to keep him overnights during his timeshare. Should he only get the child during th...

    Daniel’s Answer

    Mr. Gufford has sufficiently answered your question. I would only add that the change from a 50/50 time sharing arrangement to one that provides the father with 19% or less overnights can drastically change the amount of child support the Farther must pay and that change would be an upward change.

    Sincerely,

    Daniel Bachert,
    Family Law Attorney/Mediator

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