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Christina Andrea Mckinnon

Christina Mckinnon’s Answers

10 total

  • I agreed for my case to be heard by magistrate. I am not happy with him and prefer the judge I saw before agreeing .

    Christina’s Answer

    First, I hope you have an attorney who can navigate through the procedural issue of filing Exceptions to the GM Report per the Court Rules. A transcript of the proceedings must also be delivered to the Judge & opposing side. The Exceptions must be filed within 10 days for a hearing to be scheduled with the Judge.

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  • How much does it cost to get a GAL?

    Christina’s Answer

    Guardians Ad Litem can range from $200-$350 per hour. In some limited instances, you can find one to work on a pro bono basis. Check your county services or the clerk's office for a low fee or pro bono GAL. Also, your lawyer should be able to refer you to one.

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  • No access to my daughter and her whereabouts are unknown.

    Christina’s Answer

    If your ex wife has been in Florida for any period of time, you should get the Texas order domesticated here since you now live in Florida as well. That's the only way the Florida courts may render a subsequent order on this. Still, you should hire a lawyer and a private investigator to locate exactly where she resides, as she must be served with process before anything can be done in Court.

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  • How can I get my daughter back home from her father's for the summer? I'm the residential parent.

    Christina’s Answer

    You should first retain counsel to file an Emergency Motion for Pick Up Order if the child is in another jurisdiction and is not being returned as ordered. This is particularly important if he is threatening to not return her after his summer timesharing is over. The sheriff's office in the county where the Father resides will enforce the Order by retrieving the child and returning her to you safely and quickly.

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  • If I motion for Contempt in a Family Law case would the Court consider a prior Motion that has not been Finalized yet?

    Christina’s Answer

    Your questions are procedural in nature, and a legal professional will be best suited to navigate through this for you. As you await a final rendering on your Exceptions to the GM Report, make sure any upcoming hearings are properly noticed for the specific motion you are seeking resolution. Have a lawyer amend your motion, reset the matter before the Judge and have a Court Reporter present at the next hearing.

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  • The ex won't let me see my daughter and i would like to see her like i used to, so what's the best thing for me to do

    Christina’s Answer

    First, you need to look at your Final Judgment establishing a Parenting Plan & Timesharing rights. This will outline the time you should have. If she is violating that, a Motion for Contempt & Enforcement should be brought immediately. If you don't have a Parenting Plan in a final judgment, then it's time you initiate a Paternity action, so she can't deprive you of access to you child. If she is mentally ill, as you suggest or is otherwise unfit, then the Court can consider a modification on who will be the majority timesharing parent.

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  • What form do i need to buy and file?

    Christina’s Answer

    Also, the self help section of www.flcourts.org has serveral family law forms to be used in matters such as yours. Complete them carefully and sign in the presence of a notary public. I hope this helps!

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  • Do I need to subpoena witnesses for a default custody hearing?

    Christina’s Answer

    It's not likely that the other party will show up for the hearing if they failed to Answer the original Petition filed. However, if they do, it's likely that an evidentiary hearing will be set at the default hearing for you witnesses to be heard at that time. Start thinking of who you want to call as witnesses now, so you may then have them ready if an evidentiary hearing is later set.

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  • Why would my wife's attorney pushed her to file a restraining order without too many chances of being approved?

    Christina’s Answer

    You certainly will not be disadvantaged because of her ill-advised filing. Some attorneys wrongfully advise their clients to file an Injunction to either force a separation to get you out of the house or to paint a certain perception of you. Fortunately for you, there was no basis for the Injunction. Go forward with your divorce action without fear of this affecting that matter. Make sure you also get representation, though.

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  • Where would I find other forms of legal assistance (such as pro bono) other than legal aid?

    Christina’s Answer

    Try going to your Clerk's Office's Self-Help Center, usually located somewhere in the courthouse. Otherwise, you may go to www.flcourts.org for free online forms and other self-help information. I hope this helps!

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