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Robert M Valentine

Robert Valentine’s Answers

42 total


  • If my father co signs a vehicle for me, and me and my wife get divorced, does she have any right on that vehicle??

    just out of curiosity

    Robert’s Answer

    Yes, it would be subject to equitable division during the divorce. However, depending upon the amount owed on the loan and the current re-sale value of the car it may be a liability rather than an asset.

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  • If a divorce has not been filed and there is no court ordered parenting plan can I move out of state with my children?

    A divorce has not been filed, a court ordered shared parenting plan is not in place, can I move out of state with my children? Can my ex petition for a pick-up order? Does he have to prove "malicious intent" in order for the pick-up order to be gr...

    Robert’s Answer

    It is almost never a good idea to move out of state with the children. Your ex can and will petition for a pick up order and/or for the children to be returned to Florida and it is likely that it will be granted.

    If you do not notify your ex of your children's whereabouts then your ex will have even greater justification for their return to Florida.

    You should consult with a lawyer regarding this matter before you decide to move.

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  • Can I move out of state with my children?

    I am not divorced but have been separated for over 4 yrs from my husband. We have implemented 50/50 custody for the past 4 yrs. Recently I have noticed signs of alcohol & drug abuse, however since we have had shared parenting plan in place (not in...

    Robert’s Answer

    It is highly unlikely that the Court will grant a relocation in your case because your children have spent half of the time with him since your separation.

    It is highly likely that the Court would order the return of the children in the event you moved without your Husband's permission and he asked the Court to enter an order returning them.

    You should consult with an attorney to discuss in detail the drug and alcohol abuse issues and any potential relocation or divorce filing.

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  • What do I need to do in response to a supplemental petition to modify a parenting plan??

    I was served by my sons father on 11/13 we do not currently have a time sharing plan in place and I have not allowed him contact with our son due to violent behavior and alcohol abuse and my son not wanting anything to do with him because of his b...

    Robert’s Answer

    I would really need to know more information in order to adequately advise you on this issue. What I can tell you for sure is that you need to make sure that your rights are protected by filing an appropriate response within the 20 days following the date you were served. What constitutes an appropriate response to a Supplemental Petition varies as some should just be dismissed to begin with.

    Again, more information is needed in this case. You should schedule a free consultation with an attorney.

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  • The soon to be ex filed for divorce and she's asking for the house.

    The soon to be ex filed for divorce. She's been in a supportive relationship for two years and she is asking fir the house in the financial affidavit. what leverage does she gave after my paying the mortgage and fees for two years?

    Robert’s Answer

    If you are both on the deed then you can petition the court to sell the home rather than have her keep it. A proper partition action must be granted.

    The supportive relationship is relevant only insofar as it might soften any claim she might make for alimony.

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  • Broke off engagement with my fiancé, she refuses to give the ring back and my belongings

    I was living with my fiance in her house. After being verbally and mentally abused, I left the house and area. She refuses to allow me to collect my belongings and states that she is going to sell the ring to aid her son with a $10,000 legal iss...

    Robert’s Answer

    You are entitled to get the ring back as it was a gift conditioned upon the marriage taking place. You may file an action for replevin (return) of the ring or otherwise sue her for the value of the ring if she has already sold it or disposed of it.

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  • My daughter and her boyfriend they have a 1 year old child together. he is on the birth certificate.

    My daughter and her boyfriend broke up. She allowed him to take the baby to his relatives to visit. He is now refusing to let her have the baby back. What can she do? Yes he is on the birth certificate.

    Robert’s Answer

    Until he establishes his custody rights your daughter is considered the sole guardian of the child and is entitled to primary residential responsibility under the Florida guardianship statutes. She should act quickly to obtain a child pick up order.

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  • How does divorce court look at massive dissipation of marital assets (due to adultery) over a four year period prior to filing?

    The four year period prior to divorce filing included several documented marital separations, severe documented emotional and physical trauma to the plaintiff . Two of the four years were immediately prior to the filing. Would the court possibly t...

    Robert’s Answer

    You would need to provide much more detail before I could offer an answer that would actually apply to your situation.

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  • Just found out my 13yo daughter is "cutting". My ex found out about this MONTHS ago and kept it from me and her therapist.

    I think is neglectful and abusive. He refuses to respond to any phone calls, emails or text messages. It appears he is not an advocate for her best interest, bu instead, wishes to be her friend. He is supposed to have the kids every other weekend ...

    Robert’s Answer

    He should absolutely have shared this information with you immediately. However, his every other weekend time-sharing (plus one weekly overnight) is pretty close to as little as can be expected.

    I would need much more information in order to gauge whether it would be a good idea for you to file a case. For example, I would need to know the source of your daughter's cutting, what is causing it, is it the father, etc?

    The burden to modify a Final Judgment is very high, and it would take a significant amount of litigation (barring the possibility of your ex agreeing to less time). I encourage you to consult with an attorney, and focus on ensuring that your daughter is getting the help she needs in the meantime.

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  • Question about respond to divorce petition

    My husband and I live in Florida. He filed for divorce in Jan 2013 and withdrew the petition in May so we can try again to work things out. He filed divorce again in Aug 2013, on the one page paper I received this time it states:" COMES NOW, the P...

    Robert’s Answer

    You should contact your attorney to have him/her look over the documents that you received. I would have to see the documents in order to provide you with legal advice on the subject.

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