We have 4 daughters, we divorced Sept 2014. We agreed in our divorce papers that he will have our girls one week and me the next week. He's been refusing to send our 4yr old back to me. He says he wants our 6 yr old before he'll give me my 4yr old...
I am sorry to hear about the difficulty you are having in co-parenting with your ex. A specific action plan depends on the actual statements in your Final Judgment, particularly if it designates a majority timesharing parent. At the least, you may file a Motion for Contempt and Enforcement, asking the Judge to force him to comply with your court order and return the child. You can file a Motion for contempt on your own; forms are available at flcourts.org - but I do think a consultation with an attorney would be helpful to match your options with the terms of your Final Judgment.See question
Temp Custody order states SUMMER VACATION. Each parent shall have the child for one-half (½) of summer school vacation (or equivalent if child is below school age). If the parties are unable to agree upon the dates for such visitation, then th...
I agree with the prior comments, you need to seek legal assistance in your area. There are several ways to review the timesharing set up in the temporary order but I agree with Mr. Elrod, it would be more economically and emotionally prudent to get this thing finalized. You could request a social investigation, since timesharing appears to be an issue. The Court appoints a mental health professional to conduct an investigation of both parents, usually including some mental health evaluation tests. They also interview witnesses to your family situation, conduct a home visit and otherwise gather information to recommend a parenting plan that is in the best interests of the child. The evaluator uses his/her professional experience to assess all of the factors listed in the Florida statutes for timesharing to help the Judge understand the circumstances more in depth than he/she can do in a hearing where everyone presents their "Sunday best". The evaluator submits a detailed report to the Judge. This type of report might really help illustrate your concerns for your child. Good luck with your case.See question
My husband took out a 401k loan two months after the valuation/determination date of the QDRO (we did not know what the determination date would be until told by the magistrate). Will his loan taken after that determination date reduce my awarded ...
A review of the actual wording of the Final Judgment would be required to properly respond to your question, but if the valuation date is set, the balance as of that date will be divided. The subsequent loan should not reduce your share. You would be well served to consult with an attorney or QDRO specialist to ensure your full award. Best wishesSee question
Have been sep'd with wife of 30 years for almost two years. Paid ALL of her bills the first year, now court ordered to pay $50 per week. I still pay her car payment (not court ordered) even though she is the primary, but i don't want to mess up m...
It is difficult to know what the issues are that may be holding up your divorce but without an attorney, you are in dangerous waters. Attorneys act as the navigator, sending the ship where you want it to go, but by the proper route. Handling this matter as captain, navigator, all roles by yourself may not be the best route through a complicated process in a long term marriage with equitable distribution, alimony, retirement, military issues, etc. You may want to contact her attorney and ask about setting the case for Trial. I also respectfully recommend you invest in your own future and at least consult with an experienced family law attorney. Each party deserves a skilled navigator!See question
About 10 months ago I got divorced in FL. We have a special needs child, who is autistic. We did the divorce through mediation. The final settlement has spousal support for 4 years plus child support. With me keeping the marital home and car paid ...
Although it would be helpful to review your settlement agreement in more detail, entry of the Final Judgment wipes out certain claims forever. As mentioned by another post, the Court DOES retain jurisdiction over the child but you need to file something before she turns 18 to have support extended beyond the age of majority - 18 in Florida. Caring for a special needs child is a lifelong commitment for both parents and the Court will be supportive of her needs if presented to the Court properly. Although I am sure you don't want to hear this, maybe it will help someone else before they make the mistake of traveling in a foreign country (legal process for divorce) without an interpreter (Attorney), relying on a mediator who cannot give you advice or protect your interests. Attorneys are there to protect your legal rights, not blow up the case, like a foreign language interpreter who doesn't make up what you are saying but communicates it in the proper language. I concur with the prior comment, as a family law attorney we see some very negative outcomes due to a lack of knowledge and the mediator is not able to advocate for you. Hiring an attorney is NOT to blow up a case and make it contentious; it is to protect the legal rights of the husband, wife and children. Most family law attorneys truly want to help you settle on reasonable terms, not litigate in an adversary fashion. I also recommend you consult with an experienced family law attorney in your community as soon as possible.See question
ex-wife relocation out of state with child
Because you mention an ex-wife, I am assuming you are already divorced. If she is relocating more than 50 miles from her current residence, she must file the proper pleadings. See F.S. 61.13001. If she hasn't given the proper notice, and you are confident she has real plans to move in the very near future, you could file a motion with the Court to prevent removal of the minor children without permission. You can file something after she moves, as well, to force the return of the children to Florida, but sometimes once they have moved, are in school, etc., it is more difficult to force them to move back than it is to prevent the move in the first place.See question
The father of my daughter and I have never been married. I am currently married to another man that wants to adopt my daughter.
I agree with the prior comments; be sure to complete the proper documents regarding the step-dad, too, as it is mandatory to fulfill these requirements. This is not a long or expensive process if handled right by an experienced attorney if the bio father signs the consent to step-parent adoption. You can apply to the Court Clerk for a filing fee waiver as well, based on income and assets.See question
How can i insure my ex will continue to pay chlid support if he is planning to move out of state?
Every state has an office to assist with support in different states. The Uniform Interstate Family Support Act (UIFSA) provides for enforcement of child support across state lines. Call the local court clerk in your county and ask for their UIFSA (pronounced U if sa) office or child support enforcement. Some states are better than others and it can be a little slow but this service is free of charge to the parent attempting to enforce the order.See question
This is a divorce case the lawyer keeps telling the client that the other party is dragging their feet, not filing anything. The client, repondent, has filed ALL responses to the petitioner over a year ago.
It's hard to determine what has happened in the case from what you posted. Sometimes evaluations/investigations are pending; sometimes they are waiting for a mediation date. Sometimes they are waiting on a court date. It sounds like you could benefit from a consultation with an experienced family law attorney in your county to review the status and maybe clarify some of the pending steps for you.See question
My divorce is final. The judge, since my ex can't qualify, has ordered me to refi or modify the existing loan. This keeps me obligated. Can i be forced to enter into a contract with my ex wife?
If the judge ordered it, you must do as ordered.See question