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Brent Allan Rose

Brent Rose’s Answers

4,524 total


  • Are lawyers required to sign in at the clerk's office to view records, including confidential files?

    What is the process for lawyers to view public records, including to view confidential files, which would include sexual abuse cases? Do they have to sign in to view them or are they just handed to them without having to sign in? Any help you give...

    Brent’s Answer

    Almost all court files in the State of Florida are digital, and lawyers can look at the online files just like anyone else. Lawyers don't get special privileges to look at files, and we pull files up on the internet just like anyone else. In some counties, we get to look at judges' dockets online for scheduling purposes, but we have no special access to the contents of the electronic court files. Sex abuse cases are treated like any other case. However, some cases, such as cases in which children may be alleged to be dependent (for sex abuse or any other reason) are not permitted to be viewed on the internet. These cases are kept from both lawyers and the general public.

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  • Can you leave an 8 year old home alone for 15 minutes?

    I have 2 kids ages 6 and 8. They go to different schools. My 6 year olds school starts at 730 and my 8 year olds starts at 820. I have been leaving my 8 year old at home while I drop off my 6 year old. While I'm gone she gets her self dresses, bru...

    Brent’s Answer

    But the other attorneys that have answered you so far are correct: Florida has no law which designates an age at which children may be left alone. I doubt the DCF will give you any advice if you call them, and I'm not sure you want to do anything to invite them into your life, so you might be better off speaking to a local family law attorney then DCF.

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  • I moved to Fl from Ga 7 months ago with my children. My husband didn't come along. I want to file for divorce. What do I do?

    I don't know what I should add.

    Brent’s Answer

    As long as you can prove that you've been a resident of Florida for at least six months (usually that's done by your Florida driver license issue date), you can file for divorce in Florida. It's best for you to use a lawyer for your divorce, but if you can't afford a lawyer, maybe you can afford to sit down with a lawyer for a little while to understand all the steps. The forms for filing a Florida divorce are online at www.flcourts.org, but you should probably online file for divorce on your own if you have to.

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  • Adding a Petition for Relocation

    There is a case opened for a dissolution of marriage and we are set order for mediation but no mediation date yet. I had changed jobs and am now forced to move to another state. Can I add to relocate to the divorce? How would I do that? Do I n...

    Brent’s Answer

    You are not required to file a new case. You'll have to file a motion to amend your petition or your answer and a copy of your proposed new pleading containing your relocation petition, but it can be done in the same case number. Relocations are technical, though, and, unlike most lawsuits, you don't get to correct of them if you make a mistake. You should get a lawyer to help you with your relocation case, or, at least, to help you file your relocation paperwork.

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  • Can I ask for retroactive child support during the time we live together?

    I know retroactive child support is not mandatory. When my son was born my ex and I got an apartment together. He was responsible for paying the rent and so fort and I would pay for utilities...he was never buying anything for the baby I always wa...

    Brent’s Answer

    The simple answer is that you can't get child support from someone that you live with during the time that you were living with that person.

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  • Is moving .1 miles closer to my ex substantial circumstances to change to 50/50 visitation?

    We have been following the same visitation for 7 years and now that I filed a child support modification he is trying to get 50/50 custody instead of 68/32, which we currently have. Our agreed order was in 2011 and has been the same since 2008. ...

    Brent’s Answer

    The simple answer to your question is that moving alone for a distance of less than 50 miles is never a substantial change in circumstances. The only change that he is alleged is the move, then his petition is subject to dismissal.

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  • My veterinarian let my dog die after I took him in for an emergency

    Family dog, well cared for and loved taken to new vet on 3/26/15 due to slight swelling in abdomen and not eating well and he had diarrhea with mucous in house. Unusual for this dog! Vet only put on a med for diarrhea. I was working a lot this ...

    Brent’s Answer

    So what is your question? Do you want to sue the veterinarian for malpractice? You may be able to successfully sue, but realize that your recovery is probably limited to the value you paid for treatment plus the sale value of the dog.

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  • My daughter's biological father has custody of my daughter by lying to the court... Saying he did not have my address..

    not only did I not have a fair chance to fight for my daughter. But he also lied to the courts and said I was not married at the time my daughter was conceived... I have proof I was married at the time (marriage license )and actually I am still cu...

    Brent’s Answer

    You can file a petition to disestablish paternity, but it sounds like paternity has already been established. In order for the biological father to have primary timeshare ("custody"), he would have had to have established paternity. I'm not sure if you need to file a petition to disestablish paternity were following attack against his petition to establish paternity claiming that you were married at the time your daughter was born. If you were married at the time your daughter was born, then your husband is the legal father, regardless of biology. Your case is a little bit complicated, so you should speak with a lawyer.

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  • I just found out my daughter is not mine after 23 years. i payed child support for her since she was 7 years old .

    1. can i file to get my name off of the birth certificate and 2. will i be able to recollect the child support and clear any back child support i owe for her . i married her mother with the notion the baby was mine.

    Brent’s Answer

    These are extremely fact–based questions. It's actually not at all uncommon for men to pay child support on children that are not biologically theirs. The law actually allows that in several circumstances. You haven't provided enough facts for us to answer your questions, and the fact that so much time has passed may make it unlikely for you to stop payment of support or collect the back support that you have paid. You should speak with an attorney about your case.

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  • Can my 17 year old daughter make her own decision to come stay the night at my house even if i am not the custodial parent?

    i have free, open and liberal visitation and live in florida.

    Brent’s Answer

    Sure, as long as you and the other parent are okay with her decision.

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