Skip to main content
Joanna Marie Mitchell
Avvo
Pro

Joanna Mitchell’s Answers

945 total


  • What can I do if the NCP is in breech of our agreement?

    Our agreement states: The paternal grandmother will come to lake county two times a month for three months to have time with the child & The father will come to Lake County with the Paternal grandmother as time permits. Beginning May 2015, the...

    Joanna’s Answer

    As stated by my colleague, it sounds as if the intent of the agreement was for him to be gradually introduced to the child. If he is not complying, you cannot force him to comply (cannot force him to see his child); however, his failure to do so could be grounds for a modification of the terms previously agreed upon. You should consult with an attorney.

    See question 
  • I have an out of state Final Judgment that I want to Domesticate to Florida. What is the actual domestication date?

    Is it when I file with the FL courts, or afterwards? If afterwards; when? I need an accurate expert answer. No guesses please. Please do not say contact an attorney as I know I need to do that.

    Joanna’s Answer

    • Selected as best answer

    To my understanding, you file the Request to Domesticate, along with the other initial required documentation and affidavits, and then you have to serve that on the other party, who then has 30 days to object to the domestication. If they do not object, then it is continued domesticated once that period of time has expired. If they do object, then a hearing is held on the matter and it would be domesticated as of the date a Judge ruled domestication was appropriate. As you are apparently already aware, it is a somewhat complicated process and you should consult with an attorney in order to determine how to proceed.

    See question 
  • I was wondering how it works with properties after you get marriage in Florida?

    If I have a home out of Unied States and my husband has a home in Florida that both were purchased before we got marriage, how does it work if one of us pass away? Does he have the right of my properties that is in another country if I pass away (...

    Joanna’s Answer

    Your inquiry contains multiple questions that would best be answered in a consultation with an attorney. Typically, if an asset is purchased and paid for prior to the marriage, then it is non-marital and belongs to that person only, unless the other party's name was ever added to the deed or title. If an asset is purchased before the marriage, but paid for during the marriage, then the other party most likely will have some interest in the asset, even if their name is not on the asset. But there are many, many different variations on the above depending on the individual circumstances surrounding the asset and debts acquired by you and your Husband both before and during the marriage. So, as stated, you need to consult with an attorney.

    In the meantime, detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly.

    And, should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

    See question 
  • If i got divorced and own property with my Ex how to get their name off the deed?

    I got divorced and own property in florida with my ex and need to take their name off the deed. We have the word AND between both are names and they wont sign off their name what can i do to resovle this?

    Joanna’s Answer

    If the deed is in both names, then he needs to sign a Quit Claim Deed to relinquish his interest in the property. As stated by my colleagues, the language in the Final Judgment will be key to determining what needs to be done. You should note though, if the mortgage is in both names and his name needs to be removed from that as well, typically that can only be done through refinancing. You need to consult with an attorney.

    Should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options.

    See question 
  • Do I need a paternity lawyer?

    The man I claim to be my baby father is not...he was incarcerated at the time of court so the judge named him father by default...not showing up for court. .....he's in prison for life and my daughter wants to know her family how can I test the ma...

    Joanna’s Answer

    You would need to file a legal action naming both of the men as Respondents. You would be attempting to disestablish paternity of the one man, and establish the paternity of the other. The process can be very complicated, so yes, you should hire an attorney to assist you in the process. Even if the one man is in prison, he would still be able to appear by telephone for a hearing to disestablish his paternity (if the other man turns out to be the biological father). Also, you should be aware that you will, most likely, be required to pay for the DNA testing, at least initially. As stated, you should consult with an attorney.

    In the meantime, detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly.

    And, should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

    See question 
  • Is it possible to skip the Family Court Case office if I hire an attorney after a divorce petition has been filed pro se?

    I filed a pro se dissolution of marriage with children case in Orange county which included an answer and waiver from the respondent in the beginning of January. The case is sitting in the Family Court case management office because the person tha...

    Joanna’s Answer

    If you were to retain an attorney to assist you, your case would no longer be assisted by the Family Court case management office. As to what the next appropriate steps would be, your attorney would be able to determine that, depending on if there are any disputed remaining issues or if everything has been agreed to between the parties. If there are still issues to be determined, you will probably be required to go to mediation first before having your matter heard by a Judge. Many family law attorneys offer free consultations. You should consult with an experienced family law attorney with whom you can discuss the details of your matter, determine your potential rights and options under Florida law and decide what the next appropriate steps would be.

    In the meantime, detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at http://www.mitchell-pa.com/FAQ_Main.html Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly.

    And, should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

    See question 
  • Does a Horse Boarding Stable have to provide shelter?

    I am currently boarding my horse at a Stable and my horse was put in the back paddock with no shelter. Is this legal in St. Johns County, Florida?

    Joanna’s Answer

    You need to look to see what you are paying for. If you are only paying for "pasture board", then there is no requirement that the Stable provide a stall or even a lean-to for shelter. It is Florida, so there should be some sort of shade for the Summer, but if there's not, it's still not illegal (unless it's inhumane, as noted - no shade, no water, none or very little grass). If you didn't do so previously, you should always inspect the area where your horse is going to be kept prior to leaving your horse at any facility and double check with the Stable manager as to exactly what is included with your monthly boarding fee.

    See question 
  • Need a lawyer for complicated divorce case

    I need help to find a good attorney to represent me in a state of Florida. Believe it or not no one wants to represent me ( I was looking for long time to find an attorney, I was talking to few of them and I’m so desperate that in whole America t...

    Joanna’s Answer

    I have represented many clients that are international and typically communicate predominately via email and have never found it to be a problem. If your case is in the Central Florida area, please contact my office or you can contact me through my website.

    See question 
  • I have not seen my kids in 5 months. A court order says I have them every weekend. She has also moved. Help!

    I used to have my kids almost every weekend. We had a court order stating a meeting place. Neither of us was to move more than 50 miles. She has. I don't know where she is living. I don't know where my kids go to school. I have an idea of the town...

    Joanna’s Answer

    I agree with both prior answers. You need an attorney now. Waiting is only going to hurt your case and really you should have hired an attorney already. There are things that can be done to find her, and an immediate move for a change in custody due to her blatant violation of the existing court orders would be an appropriate course of action. Many offices, including my own, offer free initial consultations. Take action now!

    See question 
  • What kind of attorney do I need to resolve an issue with a neighbor that may also be a criminal case?

    my cat was kicked to death=neighbor threatened to kill cat

    Joanna’s Answer

    I agree with the prior answer. First, you need to call the police and file a report so that they can open an investigation. If the person is found guilty of animal abuse, you might have a claim for personal damages; however, typically (and unfortunately), animals are considered personal property, so they aren't "worth much" in the eye of the law. There have been a few cases recently that have included emotional damages, but they're very rare and would have to have extraordinary circumstances. Usually damage awards are only for the amount of the monetary value of the animal, vet bills, etc.

    See question