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Betty Elaine Jones
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Betty Jones’s Answers

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  • I have a question about custody of our son from my estranged wife.

    If my estranged wife keeps our son outside of our agreement, what course of action do I have although our agreement isn't court ordered? Since she's breaking our agreement I want to wait to see my son until we go to court, would you advise me to d...

    Betty’s Answer

    I agree with both attorneys. Your best avenue is to go ahead and file for divorce. Until you file for divorce the two of you can play games with each other as much as you want because there is no order of the Court. You should consult with a family law attorney. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • Aggravated battery adjudication withheld

    I recently completed my probation for aggravated battery. I understand that I have to wait three years to purchase a firearm. But what if I get pulled over with my dad's rifle collection that Inherited. They are completely legal.

    Betty’s Answer

    I agree with the other attorneys. You shouldn't have a problem. The fact that adjudication was withheld means that you were not convicted. It is a convicted felon who cannot own a hand gun. You should be okay. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • What does it mean to supersede an adaminstrative child support order?

    My ex filed a petition to supersede an administrative child support order. The amount for child support she is receiving is alot less than what she should be getting but I thought that that order couldn't be change until there is a final order on ...

    Betty’s Answer

    I agree with Attorney Fuerstein and recommend that you retain a family law attorney to represent you. Most AVVO attorneys offer a free initial consultation. Contact one today. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • Can another state have cutodial jurisdiction of a minor child if that child does not live in that state but the non cutodial do

    6 yr old child has lived in state of Florida since she was 4 months old. Both parents were living together in Florida before they broke up. They were never married. The father left the state when the child was 2, was in prison in Illinois for a ...

    Betty’s Answer

    I agree with Attorney Gillespie, get an attorney in Illinois to file a Motion to Dismiss. Under the Uniform Child Custody Enforcement Act, the "home state" is where the child has resided for at least the last 6 months. This act is followed by every state. It should be a simple motion for the attorney. You can find a family law attorney in Illinois by using the Find a Lawyer tab on this website. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • Can my wife be awarded child support?

    We adopted a child and we're getting a monthly check from the state. Since we've separated, the checks are being sent to her.

    Betty’s Answer

    • Selected as best answer

    If you receive a check from the state as some type of adoption stipend then that amount would be credited when determining child support. If the child goes with your Wife in the event of a divorce, she could potentially get child support from you for the child. You should contact a family law attorney for a consultation. Most AVVO attorneys offer a free initial consultation. Good luck

    Sincerely,
    B. Elaine Jones, Esq.

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  • I've been married for 25 years and looking for a divorce lawyer to explain my rights. I would like to know what to expect.

    What are my legal rights when starting the process of a 25 year marriage divorce. Do the couple need to go to counseling or is an option? My husband and I are not living together- no legal separation papers- since 2013. I caught him texting to an...

    Betty’s Answer

    Florida is an equitable distribution state so any assets and liabilities accumulate during the marriage are divided equally unless the Court hears testimony as to why one party should receive an unequal distribution. If you were a stay at home wife and the husband worked, you would most likely be entitled to alimony. Alimony is awarded based on the need of the person asking and the ability of the person being asked to pay. You didn't mention minor children so I will not address timesharing and child support. You should consult with a family law attorney near you. Most AVVO attorneys offer a free initial consultation. Find a good attorney, you will get through this and most likely be better off without him in your life. Good luck

    Sincerely,
    B. Elaine Jones, Esq.

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  • If an ex-fiance moves out and leaves items behind are they still legally theirs?

    My ex-fiance recently moved out and left behind a lot of items, i.e. furniture, bedding, kitchen supplies, etc. I would like them removed and they are resisting. Am I required to keep these things in the apartment if the person is still on the lea...

    Betty’s Answer

    I agree with both attorneys but was unaware of the statute regarding abandoned property. Not sure what that statute says but I am sure that you would be expected to hold on to the items for a reasonable amount of time like until the lease expires. I recommend you read the statute Attorney Fuerstein gave to you I plan to examine it myself. Check it out because the last thing you want is for you to have to pay for removing his/her belongings too soon. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • My ex wants 50/50 custody to get out of paying child support. It's fine but him nor his mom are fit to take care of my son.

    We have been together almost 10 yrs and my son is 6. We recently got into a fight cause him nor his mom felt the kids (other siblings) needed to eat while I was at work from 7am-7:30pm. He got home at 4pm and just waited for me to come home with d...

    Betty’s Answer

    I agree with both Attorney Valdes and Attorney Fuerstein. You need to consult with a family law attorney ASAP. Most AVVO attorneys offer a free initial consultation. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • Waiting on my recommendation to become final judgement. How do you count the days?

    If the recommendation by the magistrate for divorce/child custody was made June 16th then is the 15 day "waiting" period over tomorrow(July 1st) or is it only business days they count? Also, when and how will I know of final judgement?

    Betty’s Answer

    I agree with both attorneys it would be by calendar days. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • Does a court order stating child support and visitation stemming from a domestic violence hearing establish custody?

    In 2002 I attended a temporary injunction for protection against domestic violence hearing. At this hearing visitation and child support was ordered and adjudged. Visitation rights were given to me and i was ordered to pay child support. I am now ...

    Betty’s Answer

    I agree with both attorneys and would recommend that you consult with an attorney near you. You will need to establish paternity and that will require you to file a Petition in the family law court. Use of an attorney is recommended. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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