Melissa Dawn Sosa's Answers

If i have primary custody of the the children, does my wife have to pay me child support? Even if I make more than her?

Yes, child support would be granted regardless of whether the primary caregiver of the children is the mother or the father. You should consult with an attorney near you for details specific to your case.

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Does a Motion to Vacate Child Support cancel the original court order immediately or does it have to be granted by a judge first

A Motion does not immediately cancel an Order, ever. An order is signed by a judge and a motion is signed by a part or his/her legal representative. A motion simply askes the court to do something or undo something that has happened in a case. That motion must be heard and either granted or denied. If your ex is failing to pay on a current order, then you could file a Motion for Contempt and Enforcement to be heard by the court. Always best to speak with a family law attorney!

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Can I file for an uncontested divorce if my wife had originally filed and recently got a lawyer to contest the divorce?

I am an attorney in Tampa, with offices in Tampa and Brandon. Once the divorce has been filed, the other party cannot change the filing from "contested" to "uncontested." If it is taking forever, you should consider getting an attorney to reparesent you and use his/her best efforts to bring your case to a close. Feel free to contact my firm for a free consultation.

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Can mother leave state with child without my permission under FL child custody laws

That depends on whether the child's father was ever legally established as the father of the child. If so, then the answer is no. Under Florida law you must file a "Notice of Intent to Relocate" and serve the other parent so that he/she has an opportunity to object to the relocation. If the mother was not married to the father, and he was never on the birth certificate and did not register with the Florida Putative Father Registry then there is no legal determination of parentage and she...

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Do I have ANY rights to establish my paternity and hopefully get to know my child?

Here are the facts for fathers who have children with married women: You have no rights! In the State of Florida, a child born of a marriage is legally presumed to be 'of' the marriage and the court system will not interfere with that designation unless compelled to do so. We represent a man in your very situation in the 2nd DCA right now (although he had no idea she was married and only found out when he filed his court action...she used her estranged husband to try to thward my client's...

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If a child was sexualy abused by a family member several years ago, is it still possible to press charges

Yes. If you have been abused or received knowledge of sexual abuse of another child then you should report it immediately to the authorities.

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By FL law. What age does a child have to be to decide which parent they want to live with

Each County (and the individual judges of that county) differs with regard to the age of a child from which it/he/she will hear testimony. At age 8, I would guess that there are not many courts that would be willing to hear her preference. Notwithstanding, that does not prevent you from filing paperwork in court to obtain custody of the child based upon her best interest. There is no way around going to court other than by express, written agreement of the partents.

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How do you get a restraining order against someone in Florida?

The answer depends on what type of restraining order you seek. If it is a domestic violence injunction, you only need to go to your local courthouse and ask the clerk to show you what forms to fill out and where to file them. If it is a civil restraining order, you should speak with an attorney. It is probably best to at least conduct an initial consultation with a lawyer so that you are clear as to what, in fact, you need to file. Good luck!

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Will I need a lawyer if things between my husband and my myself are amicable?

No person is required to have an attorney represent them in court. Notwithstanding, you should at least consult with a qualified attorney regarding your situation to make sure that your legal rights are being protected.

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What are my rights as a military spouse?

You need an attorney right away. You have rights as a wife and mother in addition to those rights granted under military law. If you have any access to money, make sure your protect it and put it somewhere safe. If you have any joint credit cards you may have to use them in order to hire an attorney. I would suggest you beat him to the punch so that you can get into court quickly on a motion for temporary support. Feel free to contact me for a free consultation.

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