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Joanna Marie Mitchell
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Joanna Mitchell’s Answers

970 total


  • Is my marriage valid?

    I got married in 2006. I recently found out he was married prior and didn't get divorced until 2012. Now he has confessed that he purposely used a wrong social security. My question is ... Am I even married at this point?

    Joanna’s Answer

    I disagree with the prior answer. While yes, if he was still married when you got married then your marriage is invalid. You are still "married" until a Judge nullifies your marriage. You should file for an annulment so that your current marriage will be adjudicated by a Judge to be invalid from its inception based on the fact that he was still married at the time. You would also be able to adjudicate any property rights at the same time (or matters pertaining to children, if applicable).

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  • My wife left me 5 years ago and had my child without me I don't know where is my child how do I get visitation without divorcing

    I never seen my child her family does not want to tell me where she's at I heard it from the grapevine she left the states I thought she needed permission before she can leave the states all I want is visitation rights and the right to see her my ...

    Joanna’s Answer

    You would need to locate her and then contact a family law attorney who practices in the state and area where your wife and child reside. Generally, if you are married, you are automatically considered the child's father, until and unless the court rules otherwise. Even so, you will still definitely need to file a legal action of some sort, as the only one who can make your wife do anything, is a Judge. As stated, you can use the Avvo find a lawyer tool to locate an attorney or just repost your question in that State and County's forum.

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  • Is it illegal for another woman to breastfeed my baby without my consent?

    I am livid. I let my Mother-in-law watched my 6 month old daughter today while I was gone for 2 & 1/2 hours. i pumped breastmilk and left a bottle for when she gets hungry. I also fed my daughter before I left. My sister-in-law who I dont even rea...

    Joanna’s Answer

    I agree with the prior answer. That's just downright sick. Who would do that? Unfortunately, it's not illegal, per se, but definitely wrong.

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  • How do I get pet custody in Florida?

    Me and my husband currently have three dogs. One I purchased prior to meeting him, one we purchased together while dating and one while married. We are now going through a divorce and he wants custody of the dog purchased while we were dating. I ...

    Joanna’s Answer

    Unfortunately, while we consider our pets "children" (I know I do!), the law considers them personal property, typically with no monetary value. Therefore, just like with any other property, there is marital and non-marital property. The dog you purchased prior to the marriage would likely be considered non-marital property. The other two (and definitely the one purchased during the marriage) will likely be considered marital property that is subject to equitable distribution. Consideration of who is the better "parent" or whether the dogs should or should not be split up, typically does not come into play. Essentially, this means that if you cannot reach an agreement, then the Judge will have to decide who gets what and may very well award one to each of you. Perhaps you could offer to agree to something that he wants (that you don't want to give up), in exchange for you getting all three dogs ...

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  • Custody issue between unwed parents

    my daughter and her exboyfriend have a 18 mo son who lives with my daughter. my daughter lets the baby visit the father on weekends, the father does not get her a set child support. the only time he gives her money for th baby is if she constantly...

    Joanna’s Answer

    The other attorney answers are correct. If there has never been a legal action, not even to establish child support, then your daughter has "sole custody" of the child by default and the father has no rights at all. It is recommended though that you establish paternity and a visitation / timesharing schedule if you are going to let the father see the baby without a court order. Otherwise, he can keep the child, refuse to give the child back and the police will do nothing, stating that it's a civil matter. As far as the child leaving the country, as stated, if there has been no court orders of any kind pertaining to the child, then your daughter has the sole right to make any decisions regarding the child, including whether someone can take the child out of the country.

    You should consult with an attorney in order to best determine how to proceed at this point. Many attorneys offer free initial telephone consultations during which your daughter can explore her options (and there wouldn't be any reason you couldn't attend as well!).

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  • 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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