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Joanna Marie Mitchell
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Joanna Mitchell’s Answers

934 total


  • 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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  • My name is Kara

    Hello i am wondering what my rights are when department of children of families are at my door. My husbands family is harassing me and calling dcf making rumors, the last time this happened i passed all four drug tests for them voluntarily aaski n...

    Joanna’s Answer

    You should always comply with DCF, but also let them know that it is your Husband or his family that is creating these unsubstantiated reports. Unfortunately, even if there is nothing going on, DCF has to investigate all reports filed, and if you don't cooperate, it will look like you have something to hide. If it happens too many times and a lack of cause is always found, DCF will eventually pursue them for false reports. But that takes a lot of time. However, if you comply with DCF and instead of closing the case for lack of cause, they decide to open a case and set a hearing, then you absolutely need to hire an attorney who practices Family Law and Dependency Law in Lake County.

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  • Is it common for a Judge to reclose a case before the other party get served?

    I recently filed documents to reopen a family case to determine paternity, child support, visitation, etc. with the clerk and paid for the sheriff to serve the paper work on the other party. The Judge reclose the case 2days ofter I had filed the d...

    Joanna’s Answer

    From what you have stated, I would say that is not normal. My guess is that something was filed incorrectly? Although it is hard to say. I would suggest that you hire an attorney to refile the action and help you through the process so that everything is done correctly.

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  • Is there something I can do to avoid all contact with non custodial parent?

    i currently have full physical and legal custody of my daughter and I was granted the right to move from NY to FL a year ago. I let my child speak with her dad whenever he calls. Last time she went to NY I paid and this time I said he had to pay. ...

    Joanna’s Answer

    I somewhat agree with the other answers, at least in theory. However, in reality, there really isn't much that you can do if he is doing this when you are trying to reach your daughter on the phone. You could ask your daughter to initiate all phone calls and only communicate with him via email or text message (those are typically admissible in court, so if he is berating you, then you would if proof). Problem is, in reality, it sounds as if anything that you do is simply going to limit your contact with your daughter when she is with him. Yes, you can get court orders, but how to enforce them, in reality, is the problem and, of course, if it is all verbal, over the phone, he is simply going to deny that it occurred. My suggestion, just try to ignore him, don't sink to his level and be happy that you have the majority time with your daughter and that your issues are not much more serious.

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