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Daniel A. Bachert

Daniel Bachert’s Answers

1,043 total


  • How can I get my ex to sign his rights?

    He has never seen or spent time with our son who is 2 years old. He recently quit his job because he didn't want to pay child support for a child "he doesn't know". How can I get him to sign his rights over if he refuses??

    Daniel’s Answer

    You cant unless it is part of an adoption. The state does not allow a parent to voluntarily surrender his or her parental rights unless there is a dependency case or an adoption involved.

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  • What can I do to get the oldest (over 18) out of child support?

    My oldest child is over 18 yr, out of school, no work and not sick. My ex wife went to Fl. court and had the court change the 18 yr old rule to when my youngest is out of college. That is another 6 years. What can I do? I already take the boys ea...

    Daniel’s Answer

    A review of your Final Judgment and the most recent order modifying your child support obligation would need to be reviewed to properly advise you on this matter. Seek out a one on one consultation with the family law attorney of your choice.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • After signing my rights over in court can she come after me for child support ?

    Three years ago before being sentenced to prison my sister and I went to court for me to sign my rights over to my three children who she now has custody of and is now trying to get child support from me.

    Daniel’s Answer

    Unless your parental rights have been terminated by a Court Order you can be held responsible for child support.

    Sincerely,
    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • Can she really come after me for child support after I've signed my rights over?

    I signed my rights over to my sister for my three children three years ago when I was sentenced to prison, I recently got released and got served papers for child support.

    Daniel’s Answer

    Unless your parental rights have been terminated by a Court Order you can be held responsible for child support.

    Sincerely,
    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • How would I go about changing the fact that he gets to claim them every other year? Do I go through ky or fl?

    I got divorced in Kentucky and my child support order was ordered through Kentucky and is now in Florida and In our divorce order my ex and I claim the kids on our taxes every other year I get the odd years and he gets the even. He has not pai...

    Daniel’s Answer

    If your Kentucky Final Judgment of Divorce was domesticated in Florida then your ex is prevented from claiming any child as an exemption in any year he is not in compliance of the child support obligation for that child as of December 31 of the given tax year.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • I Need to get a divorce but cant find my husband, he ran away, can I still do it?

    he has a warrant against him for battering me, and he fled the state and cannot be found, i hired an investigator and he has nothing in his name. I heard i can do service by publication and get an attorney, but what if I we have an 8yr old child ...

    Daniel’s Answer

    Yes you can still obtain a divorce with a child by obtaining service by publication. There are specific steps you must complete to do and then prove a due diligence search for your Husband. After completing the same you can then certify the efforts that were taken to find him and then, assuming you were unable to find him, serve him notice of the divorce action by way of publication in the proper newspaper. Once service is completed by publicizing the notice for the proper amount of time you can move for a default judgment and the court will generally grant the relief you have requested in your Petition for Dissolution of Marriage. Be advised that if you or the attorney you hire to assist you with this does not complete the due diligence search or service by publication properly your Husband could move the court to dismiss any order entered based upon your failure to follow the proper procedure.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • I am seeking a divorce how can i go about this ?

    i got married in Jamaica married (certificate issued in Jamaica) almost 10 years ago and i have never lived with my husband for a month all these years. i have visited jamaica once a year on our anniversary and on the second year i got pregnant.we...

    Daniel’s Answer

    Assuming you have resided in Florida for a period of time exceeding 6 months with the intent to remain here you can obtain a divorce here. The expense involved in obtaining that divorce will depend upon a few different factors including but not limited to, obtaining proper service of the Petition for Divorce upon your Husband, establishing a time sharing plan between your Husband and son if your Husband responds to the Petition after he is served, whether or not you are seeking the payment of your attorney fees and costs from your Husband or vise versa and establishing the proper amount of child support.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • Will I be able to change my son's last name to mines without his father's consent seeing how no one knows where he is located?

    I am a single mother of a 3-year old boy. When my son was born, I made the biggest mistake ever by putting down his father's last name as my son's thinking that the father would be playing a huge, supportive role in my son's life. Well...the compl...

    Daniel’s Answer

    If the Father's name is on the birth certificate then you would need his consent to change your son's last name. If the Father's consent cannot be obtained then you can file a Petition with the court to grant the name change over the Father's objection but you will be required to prove that the name change would be in the best interest of the child.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • Can I show up with a Sheriff and parenting plan and force my children to take visitation?

    Ex-wife is interfering with visitation schedule and using tactics of alienation to influence children not to want to come. My son has texted me and stated that she "is making it hard for him to want to come" and blocked my contact information fro...

    Daniel’s Answer

    As the other attorneys have stated the Sheriff's department does not have the power to enforce the requirements of your parenting plan unless and until they receive an order from the court specifically directing them to take some action on your behalf and in extreme cases this may result in the issuance of a pick-up order directing the Sheriff to obtain custody of the children and place them into your care. You most useful course of action would be to file a Motion for Contempt for your Former Wife's interference with the time sharing schedule. However, due to the insidious nature of parental alienation it can be very difficult to prove and obtain proof of. As an example the texts from your son can be objected to as improper hearsay and as such the court would never know about them or more importantly their contents. There are steps you can take to prepare yourself and your case for hearing and possibly eliminate the things your Former Wife is doing to interfere with your time sharing but the same must be designed to meet your exact circumstances and as such the only true way to determine how you should proceed is to arrange for one on one consultations with the experienced family law attorney's of your choice.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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  • Looking for a family law attorney to represent me at trial.

    Looking for a family law attorney to Represent me at trial. I have all discovery, etc.. just no deposition from ex husband. This case is frivolous and was filed 6mos after our finalization of our divorce. its a modification of child support and ...

    Daniel’s Answer

    As Mr. Feuerstein has indicated the attorneys on Avvo are not permitted to directly solicit client's even, as in your case, when they are specifically seeking such solicitations. Florida attorneys can make limited notices of appearances in family law cases but given that you are facing a modification case a full review of all pleadings and discovery to date would be highly recommended if not strictly required. You would be well advised to seek out one on one consultations with experienced family law attorneys in this area as soon as possible.

    Sincerely,

    Daniel Bachert, Esq.
    Family Law Attorney/Mediator

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