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Guichard St. Surin

Guichard St. Surin’s Answers

83 total

  • What steps do I need to take to move from Orange County Florida, to New Jersey with my 5 year old daughter?ARCHIVED

    Guichard’s Answer

    Since you were never married and a paternity action was never done, the father does not have any parental rights according to statute. You should be able to move without filing for relocation. However, if the father files a paternity action the court may issue a standing order which prevents you from taking the child out of state without first seeking approval from the court. #servingtheone

  • How do we divide equity in a split if I paid the down payment?

    Guichard’s Answer

    Since he is just your boyfriend, this is not a family law matter but a contract matter. You have way too much at stake to be going forward with it alone. You need to retain an attorney asap. #servingtheone

  • Can I move without getting permission from my child's fatherARCHIVED

    Guichard’s Answer

    Look to FLA STAT §61.13001(7) to find the factors the court looks for in reaching its decision to allow one parent to relocate with a minor child. One of the many factors are: The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, visitation, and time sharing, as well as the financial circumstances of the parties; whether those factors are sufficient to foster a continuing meaningful relationship between the child and the nonrelocating parent or other person; and the likelihood of compliance with the substitute arrangements by the relocating parent once he or she is out of the jurisdiction of the court. #servingtheone

  • Child support during separation ARCHIVED

    Guichard’s Answer

    Relocation may be difficult to get since you made no mention of having a job lined up already and the many other factors the court looks for. Also, quick divorce when you have four kids involved is unlikely unless he is willing to agree with everything you are asking for. Seek an attorney in your area that may be able to help you with this case but be willing to compromise. #servingtheone

  • Can I keep my children from their father without harming my own case? ARCHIVED

    Guichard’s Answer

    Florida statute 61.13(2)(c)2 which addresses time sharing reads: It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.

    Therefore, by keeping the kids away, you may hurt your case in court. Keep track of all the ways he is hurting his chance and contact an attorney to help you with the matter. #servingtheone

  • Relocation in the st of fl after a divorce more that 50 miles awayARCHIVED

    Guichard’s Answer

    The first thing you should do is see if your ex husband would agree with the move. If so, you would only need to file the new agreement with the court but I recommend you hire an attorney to help draft the agreement for relocation paperwork. If there is no agreement, you would need to ask the court to allow you to relocate and there are several factors that the court looks at and an attorney would be able to help you with this matter as well. Best of luck. #servingtheone

  • Child support and divorce please i need help. ARCHIVED

    Guichard’s Answer

    You may want to file for the divorce as soon as possible because like my colleague says, your husband would be considered the legal father of the child even though he is not the biological father because you are still married to him. Thus, he could fight you for timesharing with that child as well. Because of the big difference in income, you could ask him for attorney's fees to help you pay for the divorce. However, you probably would have to pay your own attorney out of pocket and have him reimbursed you the money. You could ask for retroactive child support going back at most two years to the date of separation. You have a lot of other legal issues that need to be addressed so you may want to contact a local attorney to help you. Best of luck. #servingtheone

  • My ex wife don't let me talk to my daughter even though I pay child support. Can that stop me from paying child support?ARCHIVED

    Guichard’s Answer

    Since the child is in Texas, you need to seek an attorney in Texas to answer that question for you. #servingtheone

  • If I have my son because of DCF can I take the mom to family court as well? ARCHIVED

    Guichard’s Answer

    Consult an attorney in your area to find out if you live in an area that practice Unified Family Court Division. If so, the paternity and Dependency action would be heard by the same judge to avoid unnecessary litigation. At this time the dependency action would take precedent but you also would want to get your parental rights established through a paternity action if you had never done and were never married with the mother at the time the child was born. #servingtheone

  • How/What?ARCHIVED

    Guichard’s Answer

    If you have full custody, you may want to get the sheriff's office in the county the child currently resides in involved. Make sure you have your documents, preferably a certified copy, to prove that you have full custody. You may want to hire an attorney to help you navigate the process. #servingtheone