Ashley Filimon’s Answers
22 total
What are the implications of not filing notice of SSN and certificate of compliance for financial disclosure in a divorce case?
Ashley’s Answer
- Selected as best answer
The judge may inquire about those documents at trial. Technically speaking, it should not have been scheduled without those documents. The implications of not having financial disclosure can be extreme because you don't have a basis to determine equitable distribution, child support or alimony.
See questionI wanna adopt my friends baby. Can she just sign her rights over or something? How does that work? How long is the process?
Ashley’s Answer
You will need an adoption attorney for this because before you can adopt, you will need an adoption home study and the process for terminating the parental rights of the father, whether known or unknown, can be complicated. The consent process must be done correctly or the adoption can fail. Also, a huge factor to consider is whether DCF will be involved at the birth.
See questionCAN THE STEP PARENT ADOPT MY CHILD?
Ashley’s Answer
If you are married before the baby is born, your husband will be the legal father of the child. If the baby is born before you are married, your husband can adopt but you will need to follow Florida law with respect to the putative father's notice rights.
See questionCan I do an adult adoption without an attorney?
Ashley’s Answer
You can do an adult adoption on your own; however, adoption can be a complicated matter and you may find that an adult adoption through an attorney is worth it. It may be more reasonable than you think. Some clients find the paperwork to be difficult and scheduling with the courts can be easier for an attorney that knows how to navigate the system.
See questionHow to find an attorney with EXPERIENCE in Lee County with contested step parent adoption?
Ashley’s Answer
Look for passion, confidence and absolute answers. Number of cases similar to yours tried with success are important. You want someone who is knowledgable and cares about your case. Contested adoption has several elements and any one of the elements, if done wrong, can be fatal to your case.
See questionStep father adoption.
Ashley’s Answer
You can file a private action for abandonment and your husband is positioned to adopt because he has been in the child's life for years. The process has several variables that include location, service, hearing and possible default and trial. These items can be thoroughly discussed in a phone consult.
See questionMoving out the country. With my kids
Ashley’s Answer
Your question is unclear. Do you owe Child support under a pending order? Are you agreeing with the move to Canada? Your child support will still need to be paid. Do not discontinue child support because your child is being moved to Canada. If you did not agree with the move to Canada, that is a whole other issue. You should seek advice from a family law attorney.
See questionWhat do we have to do to attain permnant custody of our 2 1/2 yr old great nephew...???/
Ashley’s Answer
Your situation is tricky and you need an adoption attorney. Both parents must consent to the adoption of the child by signing a consent. If they don't both sign the consent, the other option is to have the court terminate the rights of the non-consenting parent by showing abandonment, neglect or abuse. If the court terminates their rights, then you will be able to adopt him in an adoption proceeding.
See questionIs my Lease Agreement valid even when Mngt had somone else sign for me without my permission?
Ashley’s Answer
By requesting the letter, the apartment will say that you made your sister your agent to sign the lease. Depending on the wording of our letter, it may be a valid signature. However, it also may not be a valid release. Additionally, you have lived in the apartment for 10 months, so they will be able to show that you have established a precedence of living there under the current lease unless you can prove that you have disagreed with the lease the entire time. Also, depending on how much longer you have on the lease, it may make more sense to complete the lease instead of pursuing a legal matter.
See questionCan I get child support?
Ashley’s Answer
Time sharing is a factor in determining child support, but it is not the only factor. The needs of the child balanced with each parents ability to pay for the needs of the child is a major consideration as well. You should hire an attorney to do a complete assessment of your ability against his and then pursue a modification of child support if the assessment is in your favor.
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