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Joy Anne Bartmon's Answers
- 32 Legal Answers
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2
Attorney answers:
What can i do if soon to be ex is turning my child against me?
You stressed the word "immediately" in your question. Unfortunately, there is little that can be done immediately. Only "life and death" qualifies for emergency relief in general. However, there are several motions to consider. They include, a motion for temporary relief, a motion for appointment of a Guardian ad Litem, and a motion for appointment of a parenting coordinator. The courts take alienation very seriously. It is a fundamental duty of shared parental responsibility to promote a...
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3
Attorney answers:
Can I change an "Uncontested Divorce" to Contested Divorce" or do I need to start all the paperwork again?
Until you and he have both signed an agreement detailing the terms of your divorce, it is contested. There are other papers he has to cooperate with on filing for it to be uncontested. So until he signs all necessary papers for it to uncontested, it is contested.
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4
Attorney answers:
Can I regain primary child custody if my parents have 3rd party custody
You are not my client, so I am not giving you legal advice. I will give a very general answer to the question: how can a parent regain legal custody from another person, usually a relative, who has legal custody. Generally, third-party (i.e. extended relative custody) is given in dependency cases (where the state has removed the child because of abuse or neglect), or under a statute authorizing extended relative custody. A parent can regain custody by meeting the criteria of the applicable...
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1
Attorney answers:
What rights do parents have when wrongfully accused of abuse.
I am going to take a very practical approach to this answer. Your brother and his wife may have no choice but to use the court-appointed lawyers. The juvenile division is a real specialty that these lawyers know inside out and few lawyers are willing to practice in. When lawyers don't perform up to par, a client can complain to the Florida Bar but the first place to start is to work very hard to get the lawyer to listen. This may take a lot of phone calls and even letters to the lawyer, but...
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1
Attorney answers:
FL state child custody laws, procedure for modifying a child custody/parenting plan
You are not my client and this is not intended as legal advice to establish a lawyer-client relationship. I will not interfere with your relationship with your lawyer. Trust your lawyer. Work closely with him or her. Everything your lawyer asks you to do, do it quickly and thoroughly. Be truthful, no matter what. The child's voice needs to be heard, either through a custody evaluation or a Guardian ad Litem. Call on all your resources and spare no expense to the best of your ability....
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1
Attorney answers:
How forceful can one be with the Child Enforcement?
In litigation to establish, modify, or enforce child support, you can use "discovery" procedures to obtain information from the grandfather. If the grandfather is regularly providing money, or anything of value that decreases his son's living expenses (like paying his rent or providing a rent-free apartment to him), then that money may be income for child support purposes. If the amount provided were enough to change the child support obligation by at least 10 percent but not less than $25...
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1
Attorney answers:
I need to know the custody laws in the state of Florida PRIOR to going to court.
If a parent is fit, his or her custodial rights are superior to all but the other parent. You haven't said whether there is any current custody order, whether you are married to the mother, or whether you are on your son's birth certificate as the father. That you haven't already gone to pick up your son suggests some problem exists with the recognition of your rights as the father. I cannot educate you on the law in the context of this answer. Call Legal Aid (as a vet, you may have a...
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2
Attorney answers:
Mediation - custody
This is not intended to establish an attorney client relationship. I think you should make a good faith effort to settle the case in mediation. It is very hard to "surprise" the opponent in trial because you are generally required before trial to list all exhibits and witnesses you intend to use at trial. Some jurisdictions require that all trial exhibits be exchanged before trial. You don't have to show your notes and calendar at mediation. But, you can state your position, that he does...
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1
Attorney answers:
Custody
I would present your multicultural background as a strong positive in your favor. Stop thinking of it as a negative and start looking at all that you bring to the relationship. Hopefully, you have a judge who is open to looking at the situation from all sides and does not just make some assumptions about you. Who is more interested in the child's education? Who works harder at ensuring that education is a top priority? Who goes to the school meetings? Who deals with the teacher when there...
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1
Attorney answers:
Is there anything I can do legally without getting a divorce.?
Yes, you can bring an action to determine a parenting plan and child support unconnected with dissolution of marriage. Using that as a foundation you can seek appropriate court orders such as for the return of the child. If you can then find them so that the order (and lawsuit) can be served, the court can order the immediate return of the child to the jurisdiction of the circuit court, and even temporary custody to you , if that is in the child's best interest.
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