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Michael D. Fluke
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Michael Fluke’s Answers

860 total


  • Third party contact with order of protection?

    I have an order of protection against domestic violence against my ex-husband. He sent a sworn affidavit through his lawyer to me, he signed it and all. Is this considered third party contact and his he in violation of the order? There is “No Cont...

    Michael’s Answer

    Legal process through an attorney is generally not considered 3rd party contact. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

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  • I filed to relocate my children out of state. Can I leave before a court date. If it's necessary?!

    My husband has already left the state for work. Our expenses holding down 2 households is getting to be to much. My family has been apart for 6 months. We can barely get by with the expenses. I put in to relocate 2 months ago. Can I leave before ...

    Michael’s Answer

    I would not suggest you move prior to the hearing. Doing so can lead to an automatic denial of your petition to relocate. In the alternative, consider an Expedited Motion for Temporary Relocation. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

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  • Can a child be taken away from a parent once papers have been served?

    I am the biological father of my daughter but since I was not listed on the birth certificate I decided to go legal. Her mother has been served papers in NY. I just got my daughter back after her mother took off out of state with her. I have had m...

    Michael’s Answer

    Absolutely. Just because the court ordered the child returned to the jurisdiction or has given you temporary custody, does not necessarily mean that you will have majority timesharing on a final basis. It certainly puts you in a better position, but the judge may be presented with additional facts at a final hearing that makes the judge take a different position. Your case has just started. It appears that you are on the right track, but as they say, it ain't over til it's over. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

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  • Can my exhusband to be take my son's deposition about properties overseas that were marital assets but now are my son's?

    we live now in the US my son is in MA, we are in FL, I'm a foreinger, my husband brought my son (is his son also) in to the divorce and now he and his lawyer want to take his deposition probably about the properties overseas, they were marital ass...

    Michael’s Answer

    Your husband is entitled to depose your adult son. The bigger question is how the supoena was served and is your son a Florida Resident. Your son may not have to attend a deposition in Florida if he has not been properly served. Additionally, if your son is not a Florida Resident, they may have to go to MA to depose him. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

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  • If my wife seizes all my premarital assets.

    Is she responcible for them? Like keeping them safe? Is there a fl law or statute I can read?

    Michael’s Answer

    There is no statute in particular that you can read, but if you have already filed for divorce, or once you file for divorce in Hillsborough County, a standard Order will be issued ordering both Parties from disposing of assets and to refrain from marital waste. In other words, she will ultimately be held accountable for the money and/or items that she has taken custody of. I suggest you consult an experienced Family Law attorney, such as myself, to discuss your case in greater detail and learn all of your rights and options. Good luck.

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  • My daughter's father won't let me see my daughter though I am the custodial parent. How can I get her back?

    My daughter's father and I made an official court mediated agreement. I have my daughter the majority of the time. It states, "father will see her every 7-14 days every other month (lives in ny) and any other time as agreed to by the parties." Re...

    Michael’s Answer

    The agreement that you signed may be valid regardless of a notary. There is no notary requirement for settlement agreements. I would want to see the agreement. Assuming the agreement is invalid, you may consider bringing a Motion for Contempt and Enforcement in the court that has jurisdiction over the case. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

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  • Can grandparents be charged with kidnapping, if 1 parent does not agree with them taking child out of state?

    My girlfriend and I live together with our 1 year old daughter. Things are not working out, and the realit of us spliiting up is very near. She recently threatened to have her parents take our daughter out of state to stay with family. I know her ...

    Michael’s Answer

    As an unmarried father, you do not have any rights to the child until you establish such paternal rights through a Paternity action. Once you file a Paternity action, most counties in Florida have a standing Order preventing either parent from removing the child from the jurisdiction. I suggest you consult with an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

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  • What do I need to file in Florida for the return of my daughter from Texas?

    My wife and her parents took my daughter to Texas where they have a home to allow me to start a new job and secure a home in Miami. She has canceled our medicaid in Florida and has told me she is not coming back to Florida. She is living with her...

    Michael’s Answer

    How long have they been in Texas? If it has been less than 6 months, Florida would still have jurisdiction to make child related decisions. You need to take action on this IMMEDIATELY. I suggest you consult with an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

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  • How do I drop a domestic battery charge if I received the relocation check already

    I called them because I wanted him to leave my house because he was pushing on me that's it now the want him to do a year on papers how can I get it dropped

    Michael’s Answer

    You may consider speaking with his attorney and/or speaking with the State Attorney and making your wishes known. The State has the ultimate decision in proceeding with charges, but if you let them know that you are not interested in prosecution or helping them with prosecution, they may listen to what you have to say. Good luck.

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  • My wifes grandparents bought a home with an inheritance which we all 4 lived in. They hav died. The home is in my wifes name onl

    If my wife and I divorce, am I legally entitled to half the value of the home since I have been the one making repairs and maintaining the property since it was purchased?

    Michael’s Answer

    Probably not. Inheritance and gifts from family are typically non-marital unless intended to be marital. What you may be entitled to is half the value of the repairs and improvements. . I suggest you consult with an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

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