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Joanna Marie Mitchell
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Joanna Mitchell’s Answers

945 total


  • Need to know what to do about false injunction

    I have not been served but my soon to be ex who has disappeared with our children, sent me an text/email that I had to be in court 8/20/2015 @ 8:15am in Alachua County (this told me where she was as I had 4 family addresses to try) I have filed di...

    Joanna’s Answer

    You are correct that you need an attorney to assist you and show up at the hearing. Try reposting your question in Gainesville (where the case is), rather than Orlando (where you apparently are), and you'll probably find someone to help you. Hope that helps!

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  • Does my ex get a child care credit as part of child support if my daughter is now 14 years old?

    My ex is the primary residential parent and I am unemployed. Does he get credit for child care even though my daughter is 14 and can legally be home by herself.?

    Joanna’s Answer

    If he is actually paying for child care and it is necessary for some reason, then it would be considered part of the child support calculation. If he was previously paying, but is no longer doing so and/or it is no longer necessary, then you may be entitled to a modification. You should consult with an attorney.

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  • Do I need a custody lawyer?

    In 2009 I got a divorce in which I Recieved sole custody of my 2 children, my ex only has visitation rights. About 2 months ago I informed him i would be moving to Puerto Rico so that I can go to college over there and finish my degree. He starte...

    Joanna’s Answer

    You need to comply with the Relocation Statute, as stated, and first serve him with a proper Notice of Intent to Relocate. If he objects, then you will need to obtain Court permission in order to move. If he hasn't even tried to see the children in over 5 months, you probably have a pretty good chance of getting permission. You should hire a lawyer if you don't understand the proper steps that are needed in order to comply with the statute so that you don't get in trouble.

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  • I have a client that abandonded 4 horses she hasn't paid me anything in over 10 months. Do I have a right to sell them?

    she owes me over $25,000

    Joanna’s Answer

    Mr. Chapman is correct. Mr. Limberopolous is not. There are certain steps that you must take in order to properly perfect your lien and, in the meantime, you are required to provide them with proper care or you could end up in trouble with animal control. You can also serve notice and then call animal control if you just want them off of your property. You need to contact an attorney who specializes in equine law.

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  • Double Motions for Temporary Relief

    I filed a Motion for Temp Relief (pro se), served the other party, and was told by the clerk's office that I had to wait 30 days for the case managers to review and schedule a hearing before the GM. In the meantime, the other parties' attorney fil...

    Joanna’s Answer

    On the temporary relief motions, you should be able to cross notice your motion to be heard at the same time as the other motion. However, you'll have to check with the judicial assistant to see if this is proper and frequently this requires the other party's consent. It also depends on how much time was reserved for the hearing.

    As for the parenting plan, yes, you should file your proposed parenting plan, signed and notarized by you, and just mark on the form that this is a proposed plan filed on your behalf.

    If you are not certain how to proceed in these and other matters, you really should consult with and retain an attorney to assist you, especially as the matters at issue will have a permanent effect on you and your children. Something so important requires professional help.

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  • Do I need to go back to court

    My husband and I have shared parenting of our 8 year old son. He lives with me primarily. His dad lives in a studio apt. Which I was fine with our son staying there when it was just his dad. For the past few months another grown man has been stayi...

    Joanna’s Answer

    It may be possible for you to file a petition for modification of the existing visitation or timesharing arrangement if the living situations are not appropriate for overnights. You need to consult with an attorney who, after learning all of the pertinent facts, can properly advise you as to your potential rights and options.

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  • Can I request to move a court case from one County to another one?

    I currently have a family court pertaining to an injunction against dv. I don't live in the County where the injunction is, and would Like to move it as it causes a hardship. I'm a single mother that has faced dv as well as my son with whom the ...

    Joanna’s Answer

    You can file a motion to transfer venue due to a forum non conveniens. However, the case will likely proceed wherever the violence occurred. Your really should figure out how to hire an attorney to assist you, especially if there is a genuine threat against your family. Considering what is at stake, you need to do whatever it takes to protect your family.

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  • How do I get child support?

    Last year, I petitioned the Palm Beach Courts for custody of my son, after learning the drug problem his mother was having. I was granted temp custody and my son has been with me in Marion County for over a year. In the year my child support was a...

    Joanna’s Answer

    As you have an attorney, your question is best posed to them because they know all the pertinent facts about your specific situation. If it is a temporary custody order, then you should be able to at least establish temporary child support. If you went back for a final Order, which I would think you should probably do, then a more "permanent" child support order could be entered. Talk with your attorney. If you're not happy with your attorney, consult with several attorneys and then change representation.

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  • Child adoption

    I have 4 kids from a previous relationship, my youngest is now 2, she was 3 months when i left, i got an injunction on him because of violence, well as soon as we keft i moved in with a friend, we are now married and he would like to adopt the 2 y...

    Joanna’s Answer

    You can file a step parent adoption action. As stated by another attorney, if he will file a consent to the adoption, the process is pretty straightforward. If he won't, it can be really complicated and difficult to get approved. Forgiving back child support and/or the fact that he won't have to pay any future child support can often be an incentive for him to agree to the adoption, especially if he really doesn't want any involvement with the child. You should consult with an attorney who can guide you through the process and advise you as to which way you need to proceed.

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  • How can I stop him from taking my babies?

    Every time my ex husband comes to visit the children he ends up picking a fight with me. Over the smallest things. And every time it gets worst. Yelling threatened me " to f@*#~ me up ex... His said numerous times that he would take them from me. ...

    Joanna’s Answer

    I agree that you definitely need to attend the Hearing and should do so with an experienced Family Law attorney. If the evidence is properly presented to the Judge, then the Judge will be able to see what's going on and make the correct ruling. It may be necessary for your oldest to testify which requires the filing of special motions and following a specific procedure. Then, based on the outcome of the injunction, you may need to also file a modification action of your current divorce order to change the existing visitation Order. You should consult with an attorney in order to best determine your potential rights and options.

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