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Brent Allan Rose

Brent Rose’s Answers

4,546 total


  • I am the victim of a stabbing. can I sue him

    the defendant was convicted of aggravated assault

    Brent’s Answer

    Yes, you can sue. However, remember that is no point in suing if the person has no money and no property that you can take when you win. And even if that person has property or an income, bankruptcy or certain protections under Florida law may keep you from collecting anything. You should speak to a lawyer.

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  • Is court mediation free. If not how much per hour?

    In non-contested divorce

    Brent’s Answer

    you don't have to mediate if you have a divorce in which you both are not contesting anything (a "non-contested" divorce, as you've called it). But if you do need mediation to settle all of some of your divorce issues, it's not free. It can be expensive. But some counties and courthouses offer "low-cost" mediation (around $60 to $150 per person). That's well worth it if you can settle. You should call the courthouse where your divorce is filed.

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  • Expert witness in Parenting Plan Modification

    My ex filed a supplemental petition to modify our current timesharing (finalized 4/2015). A motion to dismiss was reject by the judge on the stance that she wrote in her petition to classify a "kiss" my child claims to have seen between my girl...

    Brent’s Answer

    It's inappropriate, of course, for your ex to take your daughter to the psychiatrist without informing you, but it's a little different when you are the alleged cause of the difficulty. If it was a kiss, I doubt if anyone is going to care (except to wonder why your ex thinks it's a big deal), but if the behavior is something worse, it may be a concern. You need to find out what the behavior is. You probably should get a lawyer to take a deposition. Generally, yes, your ex Can call the therapist as a witness, and under many circumstances, a party can show the judge letters, emails, and reports.

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  • Is mediation mandatory ?

    I am a New York resident my son was born and raised in New York never lived in Florida. However my husband is a resident of Florida and filed for dissolution of marriage. I insist that New York has jurisdiction over custody but the general magistr...

    Brent’s Answer

    Jurisdiction is sometimes a very complicated question. It sounds like both New York and Florida have jurisdiction over your divorce, whereas only New York has jurisdiction over issues regarding your son. To be sure, though, you should talk to a lawyer, giving that lawyer all the facts of your case.

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  • What type of attorney am I seeking for a situation involving ownership of a pet dog?

    My past significant other was given a dog last March. Within the first month he surrendered him over to a family friend and in May, the family friend surrendered him to us. My dog has been under my care for almost a year with living in my home and...

    Brent’s Answer

    There is an area of practice called "Animal Law" in which many of us practice. That's probably what you need.

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  • Will the judge reduced my child support?

    The department of revenue sent a notice to me saying i was ordered to pay child support. I does not have that order or went to court for that. We went to court august 2014 and the child has medicaid. Im assuming she trying to keep the case going...

    Brent’s Answer

    You probably need a local lawyer to help you investigate this. There shouldn't be both Medicaid and private insurance on the same child. But if the other parent is receiving Medicaid on the child, the Department of Revenue is permitted to assist in seeking support.

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  • Can someone be convicted of attempted murder for protecting their child from a sexual predator?

    A father beat up and threatened to kill a man who allegedly touched his child inappropriately. The man accused of touching the child did not press charges against the father but the state is pressing charges against the father for attempted murder...

    Brent’s Answer

    You haven't presented enough facts. Attempted Murder, in Florida, requires more than just telling someone you're going to kill them. A threat alone is not enough. But telling someone you're going to kill them when pulling the trigger is a whole different thing. Without knowing more, I can't tell you whether the prosecution is likely to drop charges. You also didn't say what degree attempted murder they've charged, so I can't tell you the maximum sentence. You probably should call a local lawyer.

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  • See below

    I have been paying child support payments and found out my daughter was adopted(don't know date) and married. Do I still need to pay child support

    Brent’s Answer

    If your daughter was adopted by another parent (if that's what you mean) and you are no longer the legal father, it's likely that you do not know ongoing support from the date of the adoption. The same is true for your daughter's date of marriage. You may, however, owe back support from before the older of those two dates.

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  • I would like to have my sons biological father's rights revoked and have him adopted by someone leagally in the state of Florida

    The biological father is not on my sons birth certificate nor does my son carry his last name. He doesn't pay child support because he can't be found by the child support system. He has made no attempt to get visitation of his son nor does he show...

    Brent’s Answer

    It's a fair thing to worry about. If you were to pass away, the biological father would legally have "custody." Your current spouse can adopt if the biological father will either consent or you can have his rights terminated. It sounds like you have a good case for the latter, but you should speak to a lawyer. Remember, the adopting person would have to be your spouse. You must be a step-parent to adopt with a biological parent under almost all circumstances.

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  • Can we use a cease and desist order to keep my husbands daughters mother from contacting family members besides him?

    My husband and I have told his daughter's mother to not contact anyone else in our family. He wants her to only go through him when she needs something. She constantly texts other family members and starts arguments and conflict among the family. ...

    Brent’s Answer

    You can't do anything legally to stop her from contacting other people. They would have to take action to stop her.

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