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David Veenstra

David Veenstra’s Answers

48 total


  • Jurisdiction Puerto Rico or Florida

    I was married in Puerto Rico. I had a daughter with my ex husband. We were divorced and custody was awarded to me in a Puerto Rico court seven years ago. Two years ago I moved with my daughter to Orlando Florida. First summer in Florida my daughte...

    David’s Answer

    This issue has connections to two separate jurisdictions. You should consult with an attorney experienced in Puerto Rican law, since it may vary from Florida law and P.R. apparently currently has jurisdiction over the child. If this were a new case, Florida would probably have jurisdiction, because of the length of time the child has been in Florida. However, P.R. had original jurisdiction and will probably keep jurisdiction because of the continuing connection the case has with P.R. (that is, the former husband/dad lives there). Again, you should consult with an attorney familiar with the law in that jurisdiction. You might consider requesting to be appear in court in P.R. by telephone, if the court will allow it.

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  • Which type of attorney would help me with family finances And.how to prevent my husband from loaning anyone our money

    My husband has a habit of loaning money to people He just loaned 1,000,000.00 to one of his friends And I don't think he has any possibility of getting it back What I need to know is can I prevent him from doing this if I Can stop him doing th...

    David’s Answer

    I agree with Mr. Mullaney. It may come down to a question of competency. If the court finds he was not competent to make the loan, that is, he does not have the mental capability of entering into a binding contract, the court may be able to claw back the loan. Having someone declared incompetent is a fairly significant event. You should consult with an attorney near you who focuses their practice in that area. You should probably also consult with your family physician.

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  • Child Custody Florida??? Divorce

    Heres the story. I met a girl, had a drink, had sex, had a baby, got married, never got a chance to know her. We were not living together. conceived a baby. the baby tested positive for barbiturate-thc-cocaine-pills. DCF took baby and gave custody...

    David’s Answer

    It would be very difficult to try and predict what a court is going to do with the facts as you have described. I recommend following up on the Motion for Contempt by setting a hearing on it and take it through the court one step at a time. If you have good reason to believe the child is ever at risk with the mother, you may wish to involve law enforcement or CPS. I urge you to hire a family law practitioner, with experience in dependency, to assist you.

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  • Visitation agreement changed

    I have a poorly written Visitation agreement that was written by court mediator. It states "we" mutually must agree on when...etc. My ex will not allow me Visitation with my 2 children. May I have the agreement rewritten by an attorney? What can...

    David’s Answer

    The answer to this question is "it depends." It depends on the law in your jurisdiction. In some jurisdictions some substantial change in circumstances has to take place before the court will consider modifying a parenting plan. Simply being unhappy with the benefit of the bargain you made is not good enough. However, one avenue you might consider is a Motion for Clarification. If you and your ex do not agree on what something in the agreement means, you ask the court to clarify, that is, tell the parties, what the terms in the agreement mean. You should consult with a family law attorney in your area to discuss your situation.

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  • Who keeps the engagement ring if the man cheats and the woman breaks it off?

    My ex-fiance and I became engaged in Jamaica while at port on our cruise. We returned to Texas, where he lives, once the cruise was over. A couple days later, I returned to Florida, where I have always resided. This was in September 2013. Earl...

    David’s Answer

    In Florida, the case law is pretty clear. The granddaddy of the cases is Gill v. Shiveley, 320 So.2d 415 (Fla. 4th DCA 1975). Gill found (in a case of first impression in Florida) that the “decided weight of authority in other jurisdictions allows recovery by the donor if the engagement is terminated by the donee or by mutual consent of the parties. The rationale of those cases is that such presents are not absolute but are made upon the implied condition that a marriage ensue.” The Gill court held that the donee there had broken off the engagement and the donor therefore had a valid cause of action in replevin to recover the ring.

    Here, it is my understanding that she (the donee) broke off the engagement and therefore he (the donor) seeks return of the ring.

    A recent case in the 2d DCA is Randall v. Randall, 56 So. 3d 817 (Fla. 2d DCA 2011). While distinguishable from Gill in that the parties in Randall actually married, the marriage simply solidified the Wife’s claim that the engagement ring was non-marital property. The Randall court reiterated the fundamental rationale that an “engagement ring is a gift made upon the implied condition that a marriage ensue” and found that “[t]his reasoning comes from actions in replevin brought by rejected husbands-to-be who seek the return of their engagement gifts.”

    In contract terms, the engagement ring serves as the 'consideration' (another word for 'payment') as part of a contract. The marriage proposal is an offer, your agreement to marry is the acceptance, and the engagement ring is the consideration. These three things establish a valid and binding contract (Offer + Acceptance + Consideration = Contract). If either side 'breaches' the contract by then failing to marry, the consideration is to be returned to the offerer. You should consult with a family law attorney to discuss your situation further.

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  • Who gets the engagement ring if it does not work out?

    We have been together for 9 years, since I was 17 years old. Dated for 7 years and engaged for 2. He proposed in Colorado. We are both from Minnesota, and we have lived together for 4 years in Iowa. He designed the ring and had it made specificall...

    David’s Answer

    In contract terms, in general, the engagement ring is usually deemed to be the 'consideration' (another word for 'payment') as part of a contract. The marriage proposal is an offer, your agreement to marry is the acceptance, and the engagement ring is the consideration. These three things establish a valid and binding contract (Offer + Acceptance + Consideration = Contract). If either side 'breaches' the contract by then failing to marry, the consideration is to be returned to the offerer. This may vary from jurisdiction to jurisdiction so you should definitely consult with a family law attorney where you are.

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  • What will happen if my recent 'ex' wants to file a law suit for my engagement ring? He broke off the engagement.

    I have no income because I recently got fired. I have no attorney. I have never been to court before. The ring is the only thing I have from him. Will I have to pay court fees? And how would I do that?

    David’s Answer

    In general, the engagement ring serves as the 'consideration' (another word for 'payment') as part of a contract. The marriage proposal is an offer, your agreement to marry is the acceptance, and the engagement ring is the consideration. These three things establish a valid and binding contract (Offer + Acceptance + Consideration = Contract). If either side 'breaches' the contract by then failing to marry, the consideration is to be returned to the offerer. This may vary from jurisdiction to jurisdiction so you should definitely consult with a family law attorney where you are.

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  • My ex-wife is requesting my tax returns and current pay stubs. Do I have to give it to her?

    I can only assume she is wanting to try to modify our child support agreement which was made during our divorce when my daughter was 1. We have always worked fairly well together even though she moved my daughter to Virginia when she was 4 and th...

    David’s Answer

    It depends on the language in your final judgment and the laws in your jurisdiction. If she files an action seeking to modify child support, providing those documents may be required. Or, she may be able to get them by using the subpoena power of the court. She may simply be fishing to see if it is worth filing a formal action to modify child support. For example, what if the new numbers don't provide an increase under the child support guidelines in your jurisdiction? Filing an action to modify can be a substantial expense if the return is zero or, even worse for her, if it result in your child support obligation being lowered. You should consult with a family law attorney in your jurisdiction.

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  • Do I have to give my engagement ring back if he broke off the engagement? I've been wearing it for 6 years. We were together 9

    He proposed on December 23, 2008. I have tried to bring up getting married through a judge (in the past) but he refused. He said he wants the ring back because he paid for it and views me as a 'thief'. I did not want this to happen. I have the...

    David’s Answer

    In general, the engagement ring is considered 'consideration' (another word for 'payment') as part of a contract. The marriage proposal is an offer, your agreement to marry is the acceptance, and the engagement ring is the consideration. These three things establish a valid and binding contract (Offer + Acceptance + Consideration = Contract). If either side 'breaches' the contract by then failing to marry, the consideration is to be returned to the offerer. This may vary from jurisdiction to jurisdiction so you should definitely consult with a family law attorney where you are.

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  • In the state of Florida, is daycare on my time sharing a minor decision that can be made solely by myself?

    We have shared responsibility and must mutually agree on MAJOR decisions. Each parent is entitled to make minor decisions regarding day to day care while the child is residing with that parent.

    David’s Answer

    • Selected as best answer

    It depends on the specific language in your parenting plan. Frequently, parenting plans include a provision where either party may choose "appropriate" day care providers. This shifts the burden to the other party to challenge the day care provider and somehow show the chosen provider is not appropriate. Some parenting plans specifically state that each parent must approve the day care provider selected by the other party. Absent such language it seems reasonable that you should be able to select an appropriate day care provider. If the other party has an objection, they can pursue their objection through the means provided in the parenting plan (if that language is present) or through the courts. You should consult with a family law attorney in your area to discuss the provisions of your specific parenting plan.

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