Joanna Marie Mitchell’s Answers

Joanna Marie Mitchell

Clermont Divorce / Separation Lawyer.

Contributor Level 15
  1. I am trying to get supervised visits for my daughter. Her father has skitzophrenia, and was baker acted 4 times in 3 months.

    Answered almost 5 years ago.

    1. Joanna Marie Mitchell
    2 lawyer answers

    You should call or email your lawyer and ask him or her what is going on. From what you have stated, if the father said all of those things under oath at a deposition, it would sound as if you have more than enough to justify supervised contact for him with your daughter, and that it would probably be best if this took place at a facility where people are trained to adequately supervise potentially high-risk situations, as opposed to occuring in someone's home. Regardless, you definitely need...

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

  2. Do I need to get a divorce, if I only want my share of my property through marital settlement agreement?

    Answered over 2 years ago.

    1. Joanna Marie Mitchell
    2. Aaron James Irving
    3. Robert Jason De Groot
    3 lawyer answers

    If you are both in agreement, then you can enter into a written settlement and divide the property and stay married. If you are not in agreement, you would need to get a divorce in order for any property to be divided. Florida does not have a legal separation. So, there's no way to divide any property without a divorce, unless he is in agreement. You should consult with an attorney in order to determine how best to proceed. Detailed answers to many frequently asked questions regarding...

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  3. Can I get a passport for my son without my ex's permission? What steps must I take?

    Answered about 3 years ago.

    1. Joanna Marie Mitchell
    2. Alejandro Rafael Lopez
    3. Juna Madray Pulayya
    3 lawyer answers

    You need to file a motion to compel him to sign the document, stating why it is in your child's best interest for him to do so. And, as per the other answer, be sure to bring a copy of the form with you to the hearing, so that the judge can have him sign it right then and there. Of course, this presumes that he attend the hearing. If he doesn't attend the hearing, then the judge will give him so many days to sign the document. You will need to send it to him with proof that you sent it (...

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  4. What are my chances in getting custody of my child?

    Answered over 4 years ago.

    1. Joanna Marie Mitchell
    2. Ayuban Antonio Tomas
    2 lawyer answers

    You need to hire an experienced family law attorney immediately. If he is denying you contact and attempting to relocate without your permission, there are definitely steps that can be taken to ensure that you have frequent and regular contact with your child. Florida technically no longer has "custody". The parents share the responsibilities for and time with the child according to a parenting plan. My office offers free initial telephone consultations if you would like to discuss this...

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  5. How to go about petitioning for modification of parenting plan and visitation

    Answered over 4 years ago.

    1. Joanna Marie Mitchell
    2. Ama N. Appiah
    3. Jeffrey Feulner
    3 lawyer answers

    A Supplemental Petition for Modification can be filed if there are sufficient grounds for one. In order to change the custodial arrangement, you would need to prove that the current arrangement is not in the child's best interest, to the extent that it is detrimental to the child for him to remain in that situation. From what you have stated, it sounds as if you may have sufficient grounds. Additionally, if you think that the living situation is unsafe and unclean, you may want to have DCF...

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  6. What rights does a father have to his child in the state of FL if not married?

    Answered over 5 years ago.

    1. Joanna Marie Mitchell
    2. Melissa Dawn Sosa
    2 lawyer answers

    In Florida, a Father has equal rights with the Mother regarding time sharing and contact with their minor children. However, while your name being on the birth certificate creates a presumption that you are the biological father of the minor child, your rights will not technically "vest" until paternity is established by a Judge. This would be done through the filing of a Petition for Determination of Paternity and Related Relief. Once the Judge establishes that you are the legal and...

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  7. What are my legal rights concerning the custody of my minor children?

    Answered over 1 year ago.

    1. William Charles Rosenfelt
    2. Ophelia Genarina Bernal-Mora
    3. Joanna Marie Mitchell
    3 lawyer answers

    You need to consult with an attorney. Your question has many variables and more information is needed to be known than what you have stated. Additionally, it is not the type of question that can be answered in a simple paragraph or two. Many attorneys offer free telephone consultations. During a consultation, your potential rights and options can much more clearly and fully discussed. In the meantime, detailed answers to many frequently asked questions regarding divorce, custody, visitation,...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Is a dog breeder responsible for the cost of removing retained baby teeth of a sold puppy?

    Answered over 2 years ago.

    1. John Michael Phillips
    2. Joanna Marie Mitchell
    3. Laura Mcfarland-Taylor
    3 lawyer answers

    No, the breeder would not be responsible. This is not a defect or anything hereditary. These things just sometimes happen in any animal and are the owner's responsibility. I have a horse that has done the same thing! The owner just has to fix it (if they care about their animal) and move on.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Do i have to continue to pay child support once my child turns 18 and continues to go to school

    Answered over 5 years ago.

    1. Joanna Marie Mitchell
    1 lawyer answer

    If the child is still in high school when he turns 18, making reasonable progress towards graduation, then the answer is yes until the child graduates, but in no event past 19 years of age. If you are speaking of some other sort of school other than high school, the answer would be no.

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  10. My fiancee is Jamaican living in the u.s. and wants to divorce his wife living in Jamaica. What is the process to divorce in u.s

    Answered 6 months ago.

    1. Joanna Marie Mitchell
    2. Robert Jason De Groot
    3. Jill K. Whitbeck
    3 lawyer answers

    If he is a legal resident of Florida and has been for at least six months, then he can file for divorce in Florida. He would still have to serve her in Jamaica and, if there are children involved, then Florida may not have jurisdiction over any issues pertaining to visitation or custody. He should hire an attorney to assist him. If there are no children, it may be possible for him to get divorced in Florida within 6 months or so, depending on what issues there might be.

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