Skip to main content
Gregg R. Brennan
Avvo
Pro

Gregg Brennan’s Answers

435 total


  • What is the best way to handle a situation with schooling( for son) having shared custody but, residing in separate counties?

    My son has been going to school in Seminole county since he was in pre-k. he is now in 4th. I am running into issues with my ex. claiming I have had him in Seminole county schools long enough and now its his turn to put him in Volusia county for 6...

    Gregg’s Answer

    This should be addressed in the parenting plan, as the previous attorney noted. If it is not for some reason, and you and your ex cannot agree on this issue, you'll have to go back to court.

    See question 
  • If I am assigned as a power of attorney to my (incarcerated) fiance, am I able to sign a petition for a name change

    Long story short, My fiance's ex girlfriend basically had a baby and made him believe it was his for some time. They were both very young at the moment and once he got DNA results, he made a mistake by assuming that DNA automatically takes away an...

    Gregg’s Answer

    You cannot submit legal forms or otherwise act on his behalf with the court. Being a power of attorney does not give you the authority to act as a lawyer on his behalf. He needs to talk with a licensed attorney about this matter.

    See question 
  • Do I have a viable claim to challenge a city ordinance.

    I am a registered sex offender in florida. Because my offense occurred in 1993 and i have compled my term of probation, I am no longer required by statute to have a limitation as to where i can live. The only requirement i have under the statute i...

    Gregg’s Answer

    Talk with a local attorney and have them evaluate whether or not the local city or county ordinance truly conflicts with the state law. If the state law is silent with regards to a limitation on your residency that does not mean that a local government cannot enact its own law restricting your residency and if the local law is enacted it doesn't necessarily conflict with a state law when the law is silent.

    See question 
  • Looking for counsel in the matter of pursuing multiple violations of Florida Statute 119.

    Have multiple well documented violations of Florida Statute 119 regarding public records. The obvious intent of the alleged violations is to cover up/conceal evidence of liability and civil rights violations.

    Gregg’s Answer

    Look under the find a lawyer tab here on Avvo for an attorney that practices in this area of the law and has an office near you. If a government entity has failed to timely produce records pursuant to a public records request and there is not a valid exemption under the law, then you should get an attorney to file a petition for a writ of mandamus with the court.

    See question 
  • Unlawfully Baker Acted by Orlando Fire Paramedics and held against my will. Did this violate my civil rights or Florida law

    9/6/14 called 911 because of symptoms of heart attack and stroke Orlando Fire Paramedics arrived at my house and checked blood pressure and heart rate which was a little elevated. Then asked a series of questions like have you ever had a heart at...

    Gregg’s Answer

    This doesn't make much sense, that you would be Baker Acted in 2015 because you had been Baker Acted 14 years ago. There seems to be something missing from this story but you might want to schedule a consultation with a local attorney and discuss this more fully with them, and perhaps bring your girlfriend with you so she can discuss what happened as well.

    See question 
  • How to file a modification of probation/ community control without legal representation?

    I need to know where i can locate the form needed to file a modification of probation.

    Gregg’s Answer

    As a pro se defendant, the court won't be expecting a proper legal motion per se. A letter to the court, copied to the State Attorney's Office should do the trick explaining what you want. Of course, for better results you should probably hire a criminal attorney to handle this matter for you.

    See question 
  • My ex wife is like 9-11 terrorist. doesnt care what happens to her, as long as gets me. she is relentless & refuses to stop

    my ex tried to steal my kids in trial in 2012- said i look at daughters breasts, touch self, i'm dangerous, hired custody evaluator who was thrown out of court for lying, held kids in an apartment for 50 days before trial to try to get me to break...

    Gregg’s Answer

    You need to talk to a local family law attorney. As a part of your dissolution of marriage final judgment and parenting plan I am assuming there was probably some language in there regarding the parties non-disparagement of the other parent. If that is going on, you should discuss potential remedies with a local family law attorney.

    See question 
  • Is TPR without step parent adoption possible in Lee County? Anyone have any prospective?

    Facts: Father was semi-part of babies life for 2 months, was using drugs unbeknownst to mother. Father has 4 current felonies (3rd degree check fraud) and is awaiting sentencing. He has been in and out of jail and is also facing sentencing on VOP ...

    Gregg’s Answer

    The termination of the father's parental rights may be possible, however the petitioner would have to demonstrate by clear and convincing evidence one of the grounds for termination of his parental rights exists. If the ground being alleged is abandonment, for example, the petitioner is going to have to bring forward evidence sufficient to meet that burden of proof, so you should discuss this matter with a local attorney that handles termination of parental rights proceedings and have them evaluate your case.

    See question 
  • My recent company is trying to illegally garnish my last paycheck.

    My last company i have just recently quit is trying to charge me a tow truck fee and locksmith fee for my work truck being move from one location to another. I have proof through text that that is what im being charged for. I also have video of th...

    Gregg’s Answer

    You may want to talk to a local labor/employment attorney regarding the filing of a wage and hour suit under the federal Fair Labor Standards Act (FLSA). While the company can theoretically withhold payment of a final paycheck in an amount sufficient to recover the costs incurred regarding the work truck, if you have proof that they are not entitled to recover those costs then you should speak with an attorney about seeking to obtain your final check in full.

    See question 
  • Can i get a pardon or expunge a sealed record?

    My records were successfully sealed last year in november. I looking forward to entering nursing school however i have been told that my sealed record details may show up in a level 2 background check.

    Gregg’s Answer

    I agree with Mr. Jairam's interpretation of the law and would certainly recommend you seek to have your criminal history expunged when you are eligible to have it done. The sealed records probably will show up in a level two background check, however this should not deter you from entering nursing school as even if the records show up as a disqualifying offense under the level 2 background check you can certainly seek a relief from disabilities designation administratively from DOH, DCF, AHCA or any other administrative agency that may have an issue with your potential employer hiring you to work for them.

    See question