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Betty Elaine Jones
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Betty Jones’s Answers

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  • Do judges usually approve a motion for in camera and attendance for a minor to be a witness about extra curricular activities?

    I am representing my self and we have trial set for less than 30 days. My exs attorney just filed a motion for our child to be a witness at court. He is 10 years old. They set a hearing for it the day of trial set aside 5 minutes. I thought all th...

    Betty’s Answer

    I agree with the other attorneys and strongly suggest that you consult with and retain an attorney to represent you in this matter. If you are not inclined to do that, you need to vehemently object to the child testifying. You did not get proper notice and there was plenty of time for them to file a motion for this prior to the 11th hour. Also remember since you are representing yourself, if the other attorney is allowed in teh in camera (in chambers) questioning of your child, you should be allowed in there as well. Again, I stress you really should retain an attorney in this matter. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • How can I prove im drug free in a child custody hearing ???

    I have joint custody of my son but my kids mom file a motion a to terminate my time sharing on the grounds that my child is endangerment because she says she has a picture with me and my son I have A UNLIT CIGAR in my mouth she says that the cigar...

    Betty’s Answer

    I agree with Attorney Feuerstein and Attorney Guile you should be fine. The problem may be how you can present your evidence to the Court. That is why you need to have an attorney representing you at the hearing. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • I HAVE A 2 MONTH OLD BABY WHO WAS CONCEIVED AFTER HIS FATHER LEFT ME NOW HIS FATHER WANTS TO HAVE FULL CUSTODY .

    WE WERE NEVER MARRIED BUT LIVE TOGETHER FOR 5 YEARS AND HE IS NAME IS ON BIRTH C..,.HE LEFT ME FOR A 20 YEAR OLD WHO IS PREGNANT NOW .I'M WORRIED ABOUT MY LITTLE ONE.HIS FATHER LIKES TO DRINK A LOT .LOTS OF SPEEDING TICKETS ETC.PLUS THIS NEW GIRLF...

    Betty’s Answer

    I agree with both attorneys, right now he has no rights. He can file a Petition to Establish Paternity and get some rights as a father but it is not likely he will take the child completely away from you unless you are an unfit mother. If he files for paternity, you will need to have an attorney represent. Call around now, there are many attorneys who accept payment plans. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • What are my legal rights as a father of the children and can the fact that I am still married be a problem for my paternity?

    I left my wife @ 5 years ago, we are still married and living in the same state. I started living with another woman right after my separation and have two children with her (ages 4 and 10 months). I have not had a good relationship with the ...

    Betty’s Answer

    You can do that but it will not be enforceable in Court. The better strategy is to file a Paternity Action for both children and then agree on a Parenting Plan and have it ratified by the family law court. Until then, you have no rights as a father. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • Making a false police report now my boyfriend looking to face a mandatory 15 years what can i do?

    We got into an argument and things aint go my way so i got mad and grabbed the keychain around his neck and wouldnt let go so he wouldnt leave so he punched ne in the face so i told my daughter to run outside to call 911 and he ran behind he and ...

    Betty’s Answer

    I agree with all of the attorneys who answered your question. This is a very serious offense and your boyfriend needs to retain an attorney immediately. Most AVVO attorneys like myself offer a free initial consultation which includes going to the jail if he is still there. Call one of us today.

    Sincerely,
    B. Elaine Jones, Esq.

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  • Custody papers say exchange at mutually agreed upon location or parents home. We have been exchanging at the NPPD since 10/2014.

    Communication between me and the father is on OFW. I email him to say please meet at the NPPD. He reads the message and refuses to respond/communicate. I wait at the NPPD for an hour with him a no show therefore not being able to see my 13 year ol...

    Betty’s Answer

    I agree with both attorneys. You need to file a Motion for Contempt & Enforcement. If you are afraid of him, you need to get the assistance of an attorney. Court alone can be intimidating and having him intimidate you will make it even more difficult. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • If I file a supplemental petition to modify child support does that give the other party the opportunity to modify

    their income or do they have to file a counter petition to have their income adjusted from the amount stated in the original order?

    Betty’s Answer

    I agree with both attorneys. This is a duplicate question. When you file a Supplemental Petition for Modification, if the other party wants to modify something they will have to file a Counter-Petition for Modification. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • I am currently in a modification of child support case

    My ex has a lawyer I dont. They are requesting me to produce papers I cant. I would like to have them produce where they posted 600 on the financial affidavit for day care she pays and I know its closer to 150. what can I file to make them p...

    Betty’s Answer

    I agree with all of the attorney answers. I would strongly recommend that you retain an attorney to represent you as you are a severe disadvantage if your ex has an attorney. Most AVVO attorneys offer a free initial consultation. Contact one today an attorney may be more affordable than you think and many attorneys accept credit cards and payment plans. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • My son's mother and I agree'd on 50/50 for our son. Now she wants $200/mo for support. This isn't court ordered.

    We recently ended our relationship and now I'm thinking of requesting full custody. She smokes, and our son recently got a staff infection while in her custody. I'm looking for things that will help me out in court. I work, pay her and she allows ...

    Betty’s Answer

    You need to file a Petition to establish paternity because right now you have no rights under the law. You should consult with a family law attorney to find out what your rights and obligations are and how you can establish yourself as the father. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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  • What can my friend do for her not to take them

    My Friend ex girlfriend send the kids for them to stay with the father and there are text messages and a paper signed stating she wanted the father to stay with the kids and now six month's later she wants them back and she's in newyork and he's i...

    Betty’s Answer

    I agree with Attorney Morcroft, if the children have been here at least 6 months then Florida is considered their "home state". If the father has never been declared the biological father in a family law court then he would need to file a Petition for Paternity. If your friend was married to the mother, he will need to file a Petition for divorce and assert that Florida is the "home state" of the child. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

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