Vernon W Guirguis’s Answers

Vernon W Guirguis

Fort Myers Family Law Attorney.

Contributor Level 4
  1. Family Law

    Answered over 1 year ago.

    1. Arica Lynn Braaten
    2. James W Chandler
    3. Vernon W Guirguis
    4. Robert M Chambers
    5. Madana Marry Hermiz
    6. ···
    6 lawyer answers

    Yes. Separate maintenance and support unconnected with divorce is available under Florida law. I have included the statute below. Further, I agree with my colleague, that if you need to obtain a court order to receive support from your husband, you may just want to consider filing for dissolution of marriage. You should speak with an attorney regarding jurisdictional issues and available options you may have. F.S. 61.09 - Alimony and child support unconnected with dissolution.—If a person...

    4 lawyers agreed with this answer

  2. Can I terminate a father's rights based upon abandonment?

    Answered over 1 year ago.

    1. Vernon W Guirguis
    2. John P Wallace
    3. Richard James Mockler III
    3 lawyer answers

    Typically, a father can lose their parental rights through, incarceration, abandonment, substance abuse, and neglect. However, each parent has Constitutionally protected rights and it will not be easy if he contests the adoption. That being said, I agree with my colleague in that you should try to obtain his consent. Can his rights be terminated involuntarily? Sure. Will it be easy? Not likely. You need to speak with an attorney before moving forward. DISCLAIMER: This is not legal advice...

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  3. Can a Significant Other have any rights to the Custodial Parent's children? (Wether or not we live together)

    Answered 24 days ago.

    1. Vernon W Guirguis
    2. Robert Jason De Groot
    3. John Arthur Smitten
    3 lawyer answers

    Parental rights and being involved in day-to-day activities are two separate issues. No, you do not have any parental rights. However, unless the Final Judgment says otherwise, I believe you would be permitted to take them to activities, be present during exchanges (although not always recommended), etc. In your situation (1 hour), I believe you are also addressing the Right of First Refusal which typically pertains to when one parent cannot care for the child and child care services are...

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  4. My husband of 30 years told me he is leaving me after the holidays, what should I do

    Answered almost 2 years ago.

    1. Joseph Cerino
    2. Brian David Zinn
    3. Jed R Prest
    4. Vernon W Guirguis
    5. Dustin Michael Butler
    6. ···
    6 lawyer answers

    Your marriage is considered "long-term," which helps in your claim for permanent spousal support (alimony). He's correct in that you may not be able to afford the home now, but you may be able to afford it with the alimony payments he will likely be making in the near future. Or, the home could be distributed to you as part of the equitable distribution of marital assets. Also, he cannot unilaterally remove you from the marital home; he would need to obtain a court order to do so. Depending on...

    2 lawyers agreed with this answer

  5. My Ex doesn't want my kids around my boyfriend and is taking me to court! Can he do this??

    Answered over 1 year ago.

    1. Eric J Trabin
    2. John Arthur Smitten
    3. John P Wallace
    4. Vernon W Guirguis
    4 lawyer answers

    It sounds like you and your ex have shared parental responsibility. If so, it is presumed you both will do what is in your child's best interest while they are in your care. However, your ex can try to rebut this with evidence that your live-in boyfriend being around is not in your child's best interest. The judge would hear evidence from both sides and make that determination. As this would be an evidentiary hearing, I would strongly advise seeking a family law attorney to represent you in...

    1 lawyer agreed with this answer

  6. What is the maximum amount that can be ordered for arrears each month? I would like the $5,000 to be paid before emancipation.

    Answered over 1 year ago.

    1. Gregory Thomas Buckley
    2. Vernon W Guirguis
    2 lawyer answers

    Unless Dad tries to modify before emancipation, I believe the current child support amount would remain in effect until the arrears are paid in full. When it comes to child support, you cannot just "request" an aribitrary amount to be used for child support. You should set up a consultation to meet with an attorney to run the numbers.

  7. A 20 yr old has gotten a 16 year old (at the time of conception) pregnant . can anything be done about this/.

    Answered over 1 year ago.

    1. James W Chandler
    2. Erskine Clark Rogers III
    3. Vernon W Guirguis
    3 lawyer answers

    Based upon their respecive ages, I do not believe this would constitute a criminal offense. However, my colleauges are correct in that you can file a Petition to Establish Paternity and Other Related Relief (visitation, parental responsibility, child support, etc). If he contests being the father, a DNA test will be required. If he refuses to undergo testing, you could Motion the Court to require it. DISCLAIMER: Nothing in this post should be treated as legal advice. It is general in nature...

  8. My Ex is taking me to court because he wants my boyfriend to leave while i have my kids over. What can I do so my bf can stay?

    Answered over 1 year ago.

    1. Heather Morcroft
    2. Vernon W Guirguis
    3. John Arthur Smitten
    3 lawyer answers

    If you and your ex have shared parental responsibility, it is presumed you both will do what is in your child's best interest while they are in your care. However, your ex-husband can try to prove that your live-in boyfriend being around is not in your child's best interest. The judge would hear evidence from both sides and make that determination. Through the discovery process, you can request all documents that your ex-husband will be relying upon so that you can have an idea what exactly his...