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Guichard St. Surin

Guichard St. Surin’s Answers

83 total


  • What happens if Bio dad files a petition to have my daughter brough back to FL? Can my husband file for custody of my daughter?

    I was married but separated when I became pregnant and gave birth to my daughter. My husband and I signed a consent form stating that we both acknowledge he is not her father. My mom is now sick and needs help. I'd like to move back home. Bio dad ...

    Guichard’s Answer

    even if your husband did sign a paper acknowledging he is not the biological father, the law states that the presumption of legitimacy is not overcome when a married husband and wife stipulate that child's father is not the husband, but do not challenge child's legitimacy and the birth certificate remains unchanged. Legitimacy exists when a child is born during the mother’s marriage, regardless of whether the father is her husband or someone else. Since it seems like legitimacy was not very challenged in the scenario you stated, your husband is still the legal father therefore the biological father does NOT have standing to seek to establish the paternity of a child where the child was born into an intact marriage and the husband object to the paternity action. You are not required to allow the biological father to have any timesharing with the child since the child was born out of wedlock regarding your relationship with the biological father. You may the leave the State before a paternity order is entered and you cannot be ordered to return until a paternity order is entered. Since the biological father has no standing anyways I cannot foresee a paternity order ever being entered based on the fact pattern you presented in your question. Best of luck!

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  • Child custody/Paternity/Child Support davenport florida

    Single mother set to give birth in October. Live in Davenport Florida. Father lives in Pennsylvania. We are not married. I am married to another man and have been separated for a long period of time. Father is not able to be on birth certificate. ...

    Guichard’s Answer

    A putative (biological) father does NOT have standing (to bring the case to court) to seek to establish the paternity of a child where the child was born into an INTACT marriage and where the Husband (Legal father i.e., a man married to the child's mother at the time of birth) objects. See S.B. v. D.H., 736 So.2d 766 (Fla. 2d DCA 1999). Arguments can be made that the marriage was not intact but you will need to seek an attorney to provide more evidence because this type of case is very fact specific. The public policy and purpose behind this law is once a child is born legitimate, meaning while a marriage is intact, they have the right to maintain that status both factually and legally IF doing so is in their best interests. The child's legally recognized father (husband) likewise has an unmistakable interest in maintaining a relationship with the child unimpugned (undisputed). See Dep’t of H.R.S. v. Privette, 617 So.2d 305 (Fla. 1993). The law is very muddy in this area and there are many different interpretation of this law among the circuit courts of Florida.

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  • Order of protection & emergency custody.

    If I have a temporary order of protection pending a final hearing, keeping my daughter's father from away from her, what will happen if I cannot attend the hearing to finalize it? My oldest child has a rare medical condition which requires full ca...

    Guichard’s Answer

    You must attend the final hearing or else your case will be dismissed. The final hearing is so that the other side can be afforded due process under the law to face their accuser and put forth evidence and so on. The temporary injunction you have in the state of Florida can only be a maximum of 15 days in duration. You may be able to petition the court for an extension or a continuance but that is not guaranteed.

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  • How can i get full custody of my son?

    I am employed full time. When I'm not at work, I'm with my son 7 days a week and I'm going through a situation where the mother of my son has been very difficult with this experience of being a father. We were never married and she left me pregnan...

    Guichard’s Answer

    You need to file a paternity action in the state of Florida immediately. Also, you may want to contact an attorney in New York to help you with that matter. Caution! Make sure to get an attorney in New York before filing any response in the New York case or else you may subject yourself to their jurisdiction if you do so. Look to Florida Statute 61.13 to see the 20 factors that you will have to prove in order for the court to potentially award you 100% timesharing. Best of luck!

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  • Can I file contempt for failure to comply with a parenting plan?

    My ex notified me I am no longer to contact him. My son is currently with him for time-sharing. My ex instructed me to only communicate with his live in girlfriend going forward. She then texted informing me my ex has now blocked me on his phon...

    Guichard’s Answer

    Review your parenting plan to see what is ordered regarding communication. If it is not specifically ordered for him to keep communicating with you that way contempt may be difficult to find. Contact an attorney to go over your options. #servingtheone

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  • Can I self represent in FL for failure to comply with a part of marital settlement agreement? Is it difficult?

    My ex has failed to pay settlement within 30 days for a tax levy as agreed in the marital settlement. I can't afford representation. Will a judge award legal fees in addition to compensation owed? Or am I ok to self represent?

    Guichard’s Answer

    It is always better to hire an attorney to handle your legal matters. You would not try to work on your car yourself if you are not a mechanic and don't have a working knowledge about cars nor operate or self diagnose yourself if you are not a doctor. You may do more damage than good which may be impossible to fix or end up being more expensive to fix then if you had sought an attorney in the first place. #servingtheone

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  • Going through divorce, long term, my husband owns his own company, how is his income imputed?

    he says in his financial affidavit he only makes 52k per year, i was just served with the papers, i know he makes more, he gets a lot of checks from his clients and sometimes is paid in cash...if he says 52k, and thats what his tax returns say (we...

    Guichard’s Answer

    The court must consider cash that is actually retained as working capital to maintain the business operation and to pay current liabilities. Specific findings of fact must be made by the court as to the amount of income available to a parent for purposes of support, or alternatively, evidence that the corporation has delayed distribution to the shareholder/parent for purposes other than legitimate corporate expenses or future investment. To simplify my answer, the court may be able to look at the companies books and not just the tax returns. This matter can be complex so I recommend you talk to an attorney for your matter. #servingtheone

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  • What requirements and how quickly can I obtain Fl residency to file for divorce there?

    I am currently a Colorado resident but my parents live in Florida. I am considering moving to Florida with my baby and divorcing. If I get a FL dr lic, voter registration, bank account, and utility in my name, will I have established FL residency ...

    Guichard’s Answer

    There is a six month residency requirement for you to get a divorce in Florida. The court could determine child support and other reliefs if your husband avail himself to Florida by filing an answer in this case. If he files an answer or is served while he is in Florida, the court would have personal jurisdiction over him to determine and establish child support. #servingtheone

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  • Can a judge make a ruling for someone who doesnt participate in divorce/child custody...avoiding serve and court hearings

    Husband wont cooperate in divorce. we have a child that he wont let me have visitation with. His education is suffering as well. He was served and notified of a court hearing. Didnt show up. He has to be served other documents notifying him of a r...

    Guichard’s Answer

    You may want to hire an attorney for this case. An attorney familiar with the case would be able to know whether he or she can continue on the case without him being responsive in the court proceedings. There is not enough information here to provide you with a definitive answer. #servingtheone

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  • Does employment matter in child custody?

    I am really not in need of employment as my partner financially supports me and my child. I have a job but its far away and I am contemplating quitting it, I hate the drive and havent found anything near by that fits my schedule. I want to focus o...

    Guichard’s Answer

    (p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities. i.e. The parents career demands and work schedules. This is one of many factors the court looks at when determining the timesharing schedule. The court may impute income on you at your current pay rate if you voluntarily quit your job and your pay is more than the minimum wage. Also, the length of the marriage has nothing to do with the child support amount. You may have an alimony issue but I doubt it since you have been separated for so long and it may be difficult for you to prove a demonstrated need for it. However, an attorney with knowledge of your case may best be able to advise you on the alimony issue. Best of luck. #servingtheone

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