Luana Martucci's Answers

Relative vs non-relative placement

Although the child may have established a bond with the non-relatives, this bond has only been since August of this year. You must continue to visit the child to establish a bond. You could ask the court to modify custody to a relative (you) placement since the court and DCF usually prefer a relative placement over a non-relative placement. The other question is whether the parents are on a case plan? Will they get a case plan? Will DCF seek to terminate the parents parental rights to the...

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What are a debtor's rights when the chapter 7 trustee files a motion to object to discharge

If both homes are owned by both of you as husband and wife, the trustee cannot take the homes because they are owned as tenancy by the entireties. Tenancy by the Entireties Definition: A type of concurrent estate in real property held by a Husband and Wife whereby each owns the undivided whole of the property, coupled with the Right of Survivorship, so that upon the death of one, the survivor is entitled to the decedent's share. A Tenancy by the Entirety allows spouses to own property...

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Chapter 7 bankruptcy

If you have no assests then you have nothing the trustee would want to take from you. As long as your income qualifies and you have enough debt that it would be worth doing a chapter 7 bankruptcy, it should be a simply process.

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Mercedes Homes of FL filed bankruptcy, after my divorce I have a signed QDRO by the judge they were to give me 85k what do I do

You will need to have an attorney represent you as a creditor in their bankruptcy. The attorney will have to file a proof of claim for you, so that you don't lose your right to your monies.

FL child custody law, procedure to file supplemental petition to modify custody for the mother

You should file a Petition to Modify Custody based on substantial change in circumstances. The fact that he is unemployed and has an open DCF case is good evidence to support your case. This does not mean that you will win, but you should establish that first there is a substantial change in circumstances and follow up with why your daughter should be with you. Your relationship and bond with your daughter, your income, your home, your job, are all evidence the court will want to hear. You...

Family law

The alleged father will have to establish paternity first. Meaning if you were not ever married or if he did sign the birth certificate there is no presumption that he is the father and he will have to prove that to the court. Usually through DNA testing. If he proves that he indeed is the father, then the issues of custody and visitation come in. If there are safety concerns then you will have to prove that to the court, in order to limit his visitation with the child.

Under FL state law will getting married to someone with chapter 7 discharge affect my credit and liability

The chapter 7 bankruptcy should not affect you as long as you have no joint debt. Once married and in the future if you decide to get a loan together, his credit score may affect the outcome.

Seeking chapter 7 bankruptcy attorney in Miami FL area

We would be happy to do a free case analysis for you and then see if we could work something out regarding the fee. Please contact us.

Chapter 7 bankruptcy

If you have no assests then you have nothing the trustee would want to take from you. As long as your income qualifies and you have enough debt that it would be worth doing a chapter 7 bankruptcy, it should be a simply process.

Can a father lose custody of his child after a negative report by an independant social worker

Based on the fact that there is currently a social worker in place I will assume that there is an ongoing dependency case. As long as the father is cooperative with the Department and the child is in no way being abused, neglected, or abandoned, it is unlikely that the child would be removed from the father. I do not know the age of the child, but if the child is an infant, the Department will want to see that the child is thriving.