-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
Richard Carl Griesinger's Answers
- 4 Legal Answers
- 0 Legal Guides
1
Attorney answers:
Do I have to give up Primary Residence ?
First, only a judge can decide the issue of custody (now known as time sharing) - the parents cannot do so without court permission, and certainly a child cannot do so. The terms and concepts of custody, visitation, and primary and secondary custodian or residential parent were significantly altered by a major revision of Chapter 61, Florida Statutes effective October 1, 2008. In any "custody" case, the best interest of the child is always the main factor. Your decision to allow your...
2
Attorney answers:
Joint custody but ex husband will not relinquish child to me on my weekend. what recourse do I have to get my child back?
If you had a Marital Settlement Agreement and/or the Final Judgment of Dissolution of Marriage regarding your "visitation schedule" clearly states the schedule, an attorney should immediately file a motion for civil contempt as well as for attorney fees and makeup visitation. If you did not have an MSA or a Mediation Agreement regarding a time sharing schedule, an attorney should file a motion for temporary modification seeking a time sharing change and/or file a supplemental petition for...
1
Attorney answers:
Am I allowed to use previous testimony from Divorce?
Yes. If a person made a statement during a prior court or deposition, the prior statement (if a court reporter was present and the statement is transcribed) can be used to impeach the person in any later court proceeding, whether in the same case or different case. See the Florida Evidence Code, Florida Statute 90.801(2)(a). (Technically, the prior inconsistent statement of a party is not hearsay).
1
Attorney answers:
What can I do to keep my ex husband away from my property.
First, you need to read the Final Judgment of Dissolution of Marriage and any Marital Settlement Agreement or Mediation Settlement Agreement to see if you were awarded the exclusive use and possession of the home. Second, you need to inform your ex-husband, in writing, that he is not welcome at the home, except for the pickup and return at curbside of any mutual minor children, If your were not awarded exclusive use of the home, you should seek that relief in court. If you were or are awarded...