Christina M. Castellano-Mesa’s Answers

Christina M. Castellano-Mesa

Tampa Lawsuit / Dispute Attorney.

Contributor Level 9
  1. Florida property law and nuisance law, neighbor noise nuisance

    Answered about 6 years ago.

    1. Christina M. Castellano-Mesa
    1 lawyer answer

    This is a tough issue to litigate. Your county likely has an ordinance regarding sound and a certain decibel level will be considered nuisance. You can always call for law enforcement to investigate but that may only be helpful if the noise continues long enough for them to arrive and note the noise. If the noise does not reach a certain level, it is not actionable. They'll probably ask the neighbor to keep it down, though. Another option would be to consult with your condo association as...

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  2. Florida employment law, how far back can an employer go on a criminal background check

    Answered almost 6 years ago.

    1. Christina M. Castellano-Mesa
    1 lawyer answer

    I do not know of any time limit on background checks. Employers usually have contracts with the Florida Department of Law Enforcement (FDLE) to provide criminal background/history on potential employees and that is not usually limited - it could incorporate other states as well as Interpol (international) information. And when you fill out an application for employment or provide a resume, the employer may call any of those contacts you've disclosed to confirm your employment history. If...

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  3. Child custody if couple is not married under FL law

    Answered about 6 years ago.

    1. Christina M. Castellano-Mesa
    1 lawyer answer

    Your lack of marriage does not determine custody - biology or legal right to a minor child does. It works to the father's disadvantage that he abandoned the children for the first 2 years, though he gets points for trying to develop a relationship now. His instability of residence or availability to the children based on his travel will also not be to his advantage. The longevity of your actual custody of the children, addressing their daily needs and having other family members around as...

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  4. Under FL contract law can a person return a used car within 3 day windown

    Answered about 6 years ago.

    1. Christina M. Castellano-Mesa
    2. Daniel D Vrechek
    2 lawyer answers

    However, if it is a reputable dealership and you have a good basis for return, they might be willing to work with you, for example, offering another vehicle in exchange. It doesn't hurt to ask but the sooner the better.

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  5. Wills

    Answered almost 6 years ago.

    1. Shawn C Newman
    2. Christina M. Castellano-Mesa
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    I suggest you consult with an attorney as soon as possible. You have reason to believe a Will existed and the original may be somewhere. If certain assets (property) were only in your dad's name, she would have to probate your dad's estate before she could transfer any of them. If probate was handled, you should have been provided notice, as his son. Florida law does detail how a deceased's estate is devised, depending on circumstances such as whether a will exists (testate) or not (...

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  6. Is there a machcanic's lien that works in reverse that I can claim with out paying him the total? $$

    Answered almost 6 years ago.

    1. Christina M. Castellano-Mesa
    2. Will Murphy
    2 lawyer answers

    A mechanic's lien just protects the repair company but is not guaranteed. You can challenge the lien by filing suit in court for, at least, breach of contract (if no paper contract, just a verbal agreement, you have one year) as he has not finished the work and possibly continues to illegally hold the property. I suggest you diplomatically remind him he has not finished the work and cannot be paid in full for a job that is incomplete; let him know you will consider your legal options if he...

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  7. Can a grandparent seek child custody against mother who is drinking, taking drugs and having sex in presence of child

    Answered about 6 years ago.

    1. Pamela S. Wynn
    2. Jeffrey Patrick Bassett
    3. Christina M. Castellano-Mesa
    4. Erasmo John Compatore
    5. Peter Christopher Lomtevas
    5 lawyer answers

    In addition to the prior answers, it is my experience that courts will attempt to meet the best interests of the child and consider a relative for placement before non-related individuals if that relative is requesting custody, has the ability to support the child, has a strong and pre-existing relationship with the child, etc. Your credibility, your personal history, your current situation will be evaluated as well as your rapport with the minor child. Keep in mind you may suffer some...

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  8. Attorney fees

    Answered almost 6 years ago.

    1. Christina M. Castellano-Mesa
    1 lawyer answer

    Attorney's fees may be granted if you and your husband can agree to how they will be paid, or if the court awards some/all of the amount to be paid by the other, depending on who has the ability to pay and who has the need. In many cases, if the parties are of equal or similar financial standing, the court may not award attorney's fees to either party, requiring each to pay his/her own. The mediator's fees depends on the arrangements. If you utilize the county's services, each party pays 1/2...

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  9. FL spousal maintenance alimony, procedure for modifying alimony amount

    Answered almost 6 years ago.

    1. Christina M. Castellano-Mesa
    1 lawyer answer

    You have to look at the language of your final judgment and the terms/conditions set by the court for the type of alimony awarded. However, if you cannot financially afford the alimony, you should pay what you can to be in good standing; remember that all back monies due also accrue interest. If you are voluntarily reducing your income, that can get you in more trouble. Best to advise your ex of the circumstances as you cannot get "blood from a stone" and try to work out an agreement - in...

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  10. Is it appropriate for me to claim my daughter and her children as tax dependents on my tax returns

    Answered about 6 years ago.

    1. Christina M. Castellano-Mesa
    2. Christopher Sean Cooke
    2 lawyer answers

    The tax code has its own definition of whether or not your daughter and grandchild qualify as dependents. However, legally, if your daughter is a minor, you are responsible for her actions and may be sued if she causes damages or injuries. If she is an adult, your are not automatically considered a co-defendant for her actions unless some nexus to the circumstances exist, such as you let her drive your car and she has an accident causes damages or injuries to another. You should consult your...

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