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Brent Allan Rose

Brent Rose’s Answers

4,567 total


  • My sisters children were taken away and given to the fathers who also failed the dcf drug test.

    My sister was being investigated by dcf due to drug claims. They went at random twice and tested her which came up negative. The third time she failed with a barely faint second line for drugs. At the court hearing two of the three fathers were pr...

    Brent’s Answer

    The time to be asking this is not after the judge has given the kids a temporary placement. A lawyer should have been retained before this. But this is still a good time for your sister to retain a lawyer to help her either succeed at trial or work out a plan with DCF to get the children back after she can complete some condition--probably things like drug treatment.

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  • I'm being had!

    I live in sebring and respondent lives in Hillsborough County. I have filed for divorce paid for everything. I have paid a process server to serve the papers. The address that was on file is just a mailing address. The respondent claims to be hom...

    Brent’s Answer

    I don't know no what you mean by "respondent" denied papers." Either he was served or not. If you (or your process server) can't find him to serve him, get a lawyer to help you serve him via the newspaper.

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  • Relocating out of the country

    I'm considering moving out of the country I have full custody of my son. His mother is not in his life she live cross country does not pay child support she not involved at all. She never showed up to court with that the judge granted me everythin...

    Brent’s Answer

    Mr. Chandler is right. You are going to have to go through all the procedure of Florida Statute 61.13001. This is sometimes even more difficult when the other parent is completely uninvolved and lives out of state. You may want to talk to a lawyer.

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  • Can we take dads name off birth certificate for kids born during separation. All in agreement.

    I have 2 children while separated from my husband. The hospital put him on one the birth certificate but they have my last name. He is in agreement they are not his and wants his name off the birth certificate. I am with the Father of my kids, ...

    Brent’s Answer

    You need two lawsuits to make this happen. You need the divorce (obviously), and in the divorce, your current husband (not you -- you aren't allowed to do it) must file a count for "disestablishment of paternity," in which he'll claim he is not the dad. You will agree to this and file a separate lawsuit for paternity against the biological father. I know you say that hiring a lawyer is not an option, but this are complicated lawsuits involving children's lives. You really need to find a way to get a lawyer to help you.

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  • My wife disappeared with my children and another man. what can I do?

    she took all three of my children and left. I know where her mother lives but does not want to tell me, she committed adultery, she is pregnate from another man and knows she wrong and took off with my children and the man she is with at the mome...

    Brent’s Answer

    Find your kids. You may need to hire a private investigator, but find her and your kids. Once you know the kids are safe, serve her with divorce papers and seek primary timeshare (custody). Given that your situation is complicated, it would be very wise to talk to a lawyer as soon as possible.

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  • My wife and I have a property, small condo, she bought it before we got married.

    I maintained, pay taxes on it and pay HOA fees for four years. Am on the deed. Now we are "talking" divorce and she wants me to quit claim deed the Condo so she can give it to the father of her 18 year old son. Of course I don't agree, she has oth...

    Brent’s Answer

    • Selected as best answer

    As a general rule, the two of you split all the properties that have both your names on them or that either or both of you purchased after you got married (regardless of whose name is on them).

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  • Can I change the locks on my doors?

    Wife walked out and disappeared. Now she pops in at all hours to get something. I've asked her to call first. She says its her house to. I do not want her here if I'm not at home as she could go through everything. She doesn't knock, ring the door...

    Brent’s Answer

    Nothing in Florida law prevents you from changing your locks.

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  • Can you get a marriage annulled in Florida after 14 years?

    He is impotent. Our marriage has never been consummated. Even with medication he is not capable of doing anything. I cannot continue this way.

    Brent’s Answer

    Failure to "consummate" a marriage means the failure to "begin" a marriage, that is, to start a marriage together: to move in, to act like a married couple, to tell people you are married, etc. It has nothing to do with sexual intercourse. However, impotence is a ground for annulment, not by statute, but by case law. You can get an annulment if either spouse is incapable is intercourse and hides that fact from the other spouse before marriage. The appellate courts don't address, however, whether you are still entitled to an annulment fourteen years after you learn of the impotence. I don't see why not, though. But, except for religious reasons (and that type of annulment would come from the church, not from a judge) or personal reasons (you could say you were never legally married), does it matter whether you get a divorce or an annulment?

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  • Does this qualify as a simplified divorce?

    My husband and I have been married for 20 years. He has informed me that he's having an affair and wants a divorce. We have discussed how we split all of our assets and have agreed to an amount of alimony he agrees to pay. Would we qualify for a s...

    Brent’s Answer

    I'm always surprised at what judges will let slide as a "simplified" divorce. Technically, to be simplified, it has to be a divorce where 1) both sides will sign the petition together, 2) there are no minor kids, 3) both sides have worked out the split of assets and debts, 4) there will be no alimony awarded, and 5) both sides will go to the final hearing. So technically, you don't qualify. Still, I've seen many "simplified" divorces with alimony. Your best bet, though, is to talk to a local lawyer.

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  • Why do you have to fill out a financial affadavit if it does not impact child support calculations?

    it goes by income and rent and utilities are not factored? Am i correct? if so, why do we need the form?

    Brent’s Answer

    You don't have to file a financial affidavit in every family law proceeding (such as enforcement or contempt), but you do have to file them in all divorces because they affect things other than child support (such as alimony or payment of the other side's attorneys' fees).

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