Ama N. Appiah's Answers

Appeal in Florida (Family Law Case)

You should file a motion to dismiss, however if you have not received the appellate record or index yet, then that is probably the reason for the delay. In that case, the court would deny your motion and order the clerk's office to have the record completed within 30 days or so. In any case, the Appellant should have filed motion for an extension of time and given the reason for the delay in filing the initial brief. If the court does not feel the reason for the delay is not adequate, for...

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Parent termination

If the mother has a current case plan, and she doesn't have custody of her child, then I'm assuming she has a pending dependency case involving State supervision. Without more information, I can't speculate as to whether or not her rights could be terminated. You did not mention the status of the father in the case, or who has temporary custody of the child. If you are seeking termination of both parents' rights, and the father has been in the child's life and noticed of the dependency...

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Parent's rights vs. Temporary Guardianship.

Generally, the parents have to be informed and be given an opportunity to object if they disagree with medications, or medical treatment of their child(ren). However, the court will make the final determination after it hears from all the parties involved, as well as reviews any statements from doctors, testimony from temporary custodians, etc. The court's decision will be based on what's in the best interest of the child. If the custodians are not notifying you of when the child is going to...

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Whenyour parental rights has been terminated, and an Appeal has been filed. How long does it take for it to go to court?

If you are appealing the termination of your parental rights, you need to be aware of the process for ordering transcripts, filing motions, preparing briefs, etc. As the Appellant (person initiating the appeal), you are responsible for getting everything going within the appropriate time. The appellate court does not provide an online docket for these types of cases where you can see the status of your case. You can call the clerk's office and ask what the last document was that was filed,...

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How can you get custody of a child?

If there is a child support order that defines how much the father is to pay, that is his obligation. Nothing more and nothing less. If the mother is still unable to care for the child's basic needs, then she should be made to explain where the money is going. If the father is able, and wants custody, he should file a motion for custody with the court. Each side will have an opportunity to present evidence, and the court will make a determination. As far as lowering the support...

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Child Support in the stare of florida

Your child support obligation is what the court order says it is. Nothing more, nothing less. If your son's mother wants to make changes, she needs to file a motion for modification with the court. The court will rule on the request after hearing both sides, and prepare a new order if there will be any modifications. And your child support obligation does not include the dog.

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How to go about petitioning for modification of parenting plan and visitation

If you have immediate concerns about your child's safety, you should call the abuse hotline (1-800-96-ABUSE) to make a confidential report and your identity will remain confidential. The hotline is for any concerns of abuse, abandonment or neglect of a child. They will send out a Child Protection investigator to the home to check on the overall condition of the child, as well as see if the conditions in the home are safe for the child. If they find a problem, they can either assist the...

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What parental rights if your homeless and unemployed? My ex has my daughter.

Until your parental rights are terminated, you have the same parental rights as the other parent. However, if the other parent, or the state, feels that your circumstances are detrimental to the welfare of the child, they may bring a court action to make a determination as to whether or not your rights should be limited in some ways for the welfare of the child, until your circumstances improve. If you do not currently have a home, the court would most likely question whether that was a safe...

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My children's father has been threatening to take the kids away from me..what can i do about it?

This case sounds like it's headed to court. First, you can't prevent him from having visitation with his kids if the court has ordered that he have visitation. The court looks very negatively on that. If there is a reason why you think that visitation between the father and the children should be stopped, then you have to bring it before the court, present your evidence, give the father an opportunity to dispute the allegations, and then the court will make a determination. You cannot...

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What are my options if ex denies owing me money I let him borrow for a car?

Besides showing that you lent him the money, you would also have the burden of proving that it was a loan versus a gift. Also, make sure you keep an eye on the statute of limitations.

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