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Brent Allan Rose

Brent Rose’s Answers

4,588 total


  • Can I record a Skype videoconferencing call with my child?

    I am going through a divorce Skype with my child on the weekends. She looks off camera a lot and the calls abruptly end. I want to record this to show how my ex is influencing the call.

    Brent’s Answer

    Assuming both ends of the call are in Florida, you can record the video, but not the audio.

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  • Can I request that a court ordered mediation be canceled or not scheduled once the judge has set it in motion?

    I have filled a motion with the court to make some minor changes to a parenting time agreement that was made in 2012. The changes involve a time change for next school year due to the fact that my daughter will be attending a new school with diff...

    Brent’s Answer

    You can make that request, but I doubt it will be granted. Our divorce courts are massively overloaded, and mediation is necessary to reduce the backload. Plus, you made this deal a while back, and neither you nor the judge has any right to make changes absent the full agreement of the other party, and it sounds like she's not agreeing. You other issues may require something like a motion for contempt, but you should speak to a lawyer in your area about that.

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  • Is this constitutional? What recourse is there?

    Hello. I was arrested for Operating While Intoxicated in Michigan summer 2015. I was convicted of reduced Operating While Visibly Impaired. I live in Florida and the DMV placed a DUI charge on my license, although I was not convicted. They indicat...

    Brent’s Answer

    I disagree with the other writers. It's true that there is no constitutional right to drive in Florida, you still have a right to due process, and it may be that your right to due process has been violated. Your license cannot be suspended or revoked for a crime you did not commit. Your license was revoked for DUI, a crime which you did not commit.

    You are entitled to, at least, an administrative hearing before the DMV. (You'd have that right even if you DID commit DUI.)

    Given that, though, I agree with the lawyer who says the better practice may be to politely cooperate with DMV and see if they see things your way. If that doesn't work, you should get a lawyer to help you fight this formally. Given that we have a very weak public transportation system, a license is almost a necessity in Florida.

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  • How can I get emancipated without my mom's permission? What if I move out of state with my Girlfriend?

    I'm 16 years old , I currently live with my mom and we haven't been getting along for the four years that I've lived with her . Over the last few months are relationship has been growing further and further in the wrong direction . Were constantly...

    Brent’s Answer

    You can't. It's just that simple. In Florida, you need both parents'' permission to become emancipated. Technically, they file the lawsuit, not you, though I have seen some emancipation lawsuits go through that were filed by the minors. With both parents' signature (at least), you cannot be emancipated. And if your parents (or maybe just your mother, in this case), won't let you move with or to be with your girlfriend, you can't move, either.

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  • At what age can the father of my child have overnight visitation? My daughter is 1 year old.

    My ex-fiancée called the police & kick me out with my daughter of the house we used to share together. We agreed for him to have my one year old daughter on Sundays from 6:30 am thru 4:00 pm. Now he wants more time with her saying that he wants to...

    Brent’s Answer

    The amount he must pay you in child support is determined under statute. You should probably talk to a lawyer about how much it will be and whether you qualify to have the Department of Revenue assist you in collecting child support. Child support is mandatory in Florida. That lawyer will also explain to you how you can get timeshare (the designating overnights for the child with you and the father) set up in a court order. The child support and timeshare cases may have to be separate. He can't legally just take your daughter. Until the timeshare order is in place, you have "custody." If the car is in his name, he can probably take it.

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  • I don't know if the paper I have is my marriage certificate or not?

    I went to the clerk of court to get my marriage license. Once I paid the fee, I was given a yellow piece of paper with a stamp on there and signed by the clerk. It has my name and husbands name on there. I was told i need to get this signed at my ...

    Brent’s Answer

    Different counties have different forms for marriage certificates. When you get married, the form requires the person performing the ceremony to sign the marriage certificate application and mail it to the clerk's office. Some applications may require the notarized signatures of witnesses as well (the person performing the ceremony in Florida will be a notary). The clerk can give you a copy of the marriage certificate. This is the best, most authentic copy you can get.

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  • How can someone file for reckless endagerment in another state where the event did not occur?

    My Ex Wife lives in new york and we are fighting child custody case in Florida. The day after she lost custody because she did not get an order from the court to move under Florida statue 61.13001, she filed a complaint in New York for reckless en...

    Brent’s Answer

    If a Florida state crime happened in Florida, New York has no jurisdiction. But maybe he's being held pending extradition to Florida. Sounds like he needs a lawyer.

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  • What can I do? Advice pleaseeee

    Need advice, my fiance was arrested Nov 6th for child support. He was paying his x wife cash but since it never went threw the court system they said it was a gift. When he was arrested he had a 7,000 dollar purge then he went to court & they drop...

    Brent’s Answer

    Yes, he needs a lawyer. A lawyer may be able to convince the judge to lower the purge. Judges can be sympathetic at holiday time. Then tell him this lesson: never pay cash! It's his responsibility to prove that he paid, and that's a lot easier to do when you pay by cash or money order. If he can somehow prove that he paid the cash (maybe the mother will admit it?), then he may avoid having to pay the money a second time, and he may get out of jail.

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  • Can I file in state Florida for divorce against someone who already filed out of state divorce against me? I had previous here.

    I am in Florida and an out of state Divorce filed against me, but there was already a case pending for paternity and custody in Florida court, which I filed against her before the Divorce filed against me, but she never wanted to be served. ...

    Brent’s Answer

    Yes, you can file your case in Florida, and if your children are in Florida (you said you filed for paternity and custody here), then it may be wise to have the divorce case heard in Florida. You should probably get a lawyer because 1) you're not allowed to file for paternity and custody in Florida while you're still married to the other parent (you have to file divorce instead) and 2) you'll need a lawyer to help with the procedure of getting the Florida judge and the out-of-state on the phone together to decide which state your case should be in.

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  • What should do? Should call dcf?

    I suppose I have strange question. I don't what I should... My daughter is 3 year old and is completely disabled and pediatric pediatric daycare. she is feed via Gj tube (she also n.p.o) she completely rely on the care of others. Unfortunately ...

    Brent’s Answer

    I don't exactly what you should do, and I don't know what department is in charge, but I think DCF is s good idea. If it isn't in their jury toon, hey can probably tell you who to call.

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