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Joanna Marie Mitchell
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Joanna Mitchell’s Answers

967 total


  • 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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  • When are the actions needed to be completed before or after the Judge's signature on a verbal issued order

    If an verbal order was issued by a Judge at hearing in his chambers I have been told that opposing council drafts the order then it is reviewed by my attorney once it is agreed upon by both attorneys then it is sent to the Judge for signature.

    Joanna’s Answer

    The Judge's verbal Order is still an Order, even before it is reduced to writing and signed by him. From what your stating, it sounds as if he ordered certain things to be done by one or both parties within a certain timeframe or perhaps ordered visitation or timesharing to begin. That timeframe usually starts from the time that the Judge issues the Order and/or the visitation / timesharing begins immediately or as soon as the Judge said it should. Of course, without knowing exactly what was Ordered, it's really hard to answer your question. Sounds as if you have an attorney, really you should be asking them this question.

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  • I have a good job opportunity and family support can I move with my child before I we go to court

    I have shared custody with ex I have her the majority of the time I have a very good job offer and family support back home in Wisconsin they offer me the job and I want to take it but he said he won't let our daughter go can I still leave while w...

    Joanna’s Answer

    If you have a pending court matter and he objects to your relocation, then you need to comply with the relocation statute requirements, as stated by other attorneys, and obtain court permission in order to move with the child. Essentially, you will have to prove to the court that the child's life will be enhanced by the move and that a comparable alternative timesharing plan can be established for the Father (comparable to the time he has now and the relationship he has now). You really need to consult with an attorney as relocation can be very complicated.

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  • Can income that is generated from non marital assets (quarterly cash dividends) be used in calculating alimony?

    The principal amount has been clearly defined as nonmarital, however this principal generates dividends, which when added to my salary puts my yearly income at a total amount that is about $35000 higher then my spouse that I am divorcing.

    Joanna’s Answer

    Yes, all income from all sources, even dividends from a non-marital asset, can be considered in determining the appropriate amount of alimony, if your Wife is entitled to alimony. Income is not the only factor in making that determination though. Therefore, you should speak with an attorney in order to best determine your potential rights and options.

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  • How do I transfer a parenting plan from NH to FL?

    Divorced 7 years ago in NH. Immediately moved with son, with ex-husband's approval, to FL. Ex-husband recently filed in NH to modify parenting plan (seeking to make himself custodial parent) as that is where it originated and is on file. Son & ...

    Joanna’s Answer

    I agree with the prior answer - you need to move to dismiss the NH action for a lack of jurisdiction over the child and/or forum non conveniens. This can be tricky and you should consult with a NH attorney immediately and do not file anything with the Court other than the Motion to Dismiss (or you could accidentally be agreeing to the NH's court's jurisdiction. Then, you need to domesticate your foreign judgment here in Florida and then either move to modify it or enforce it, depending on what your circumstances might be. You'll need an attorney here in Florida to assist you, as domestication can also be a bit complicated and confusing.

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  • What forms do I need for divorce and alimony?

    My husband abandoned me after 18 years of marriage and I am now left with just a social security check. He gets a large retirement check and has a gambling problem. I am on disability and have lost everything. I need to go through with divorce and...

    Joanna’s Answer

    You need to file a Petition for Dissolution of Marriage and in the Petition request alimony. If you are uncertain how to proceed and in order to best ensure that you obtain the relief that you are requesting, you really need to consult with an attorney.

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  • My ex husband has custody of our children. I lost custody in 02 and he and his live in girlfriend now want me to take our younge

    I lost custody of the children.in 02, for neglect, when I never neglected my children. I had a case plan, which I had completed everything, but one thing, the having my own place for six months. He has full custody, I am ordered to pay child supp...

    Joanna’s Answer

    You need to file an action in order to establish timesharing / visitation with the children. Depending on what has been filed already and in what court, this may either be a modification action or an original action. You really need to consult with an attorney so that they can learn all pertinent facts and then assist you in the proper course of action.

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  • If I put child support on the father of my child does he get rights for custody

    Can he get custody with no supervison of me

    Joanna’s Answer

    Filing for and receiving child support will not automatically give him rights to see the child. I'm presuming that this would be a Department of Revenue action. In order for him to have rights to see the child (timesharing rights), he would need to file a legal action in Civil Court to determine what parental responsibility and timesharing (visitation) would be in the child's best interest. If he files an action, you should consult with an attorney in order to make sure that you and the child's rights are protected and that any determination is in the best interest of the child and considers all pertinent evidence.

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  • If my child has her fathers last name Can he go to court for custody

    Doesn't pay a dime to me For our daughter

    Joanna’s Answer

    It doesn't matter if he pays child support right now or not. He can still file an action to establish his legal rights to see the child, if he is the biological father. Even if the child didn't have the father's last name, he could still file an action to establish his paternity and legal rights regarding the child. If he files an action, you should hire an attorney to assist you in order to ensure that you and the child's rights are protected and that the best interest of the child is served.

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