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Andrew G. Storie

Andrew Storie’s Answers

186 total

  • Questions about re-opening child support case

    Child support case was closed, if reopened, will it automatically be modified to include time sharing calculation and finances of both parents or resort back to the old order?

    Andrew’s Answer

    Child support is always modifiable if there has been a substantial change of circumstances since the child support order was put in place. Courts interpreting the meaning of the term “substantial change of circumstances” have found that such a change in circumstances must be significant, material, involuntary, and permanent in nature to warrant a reduction in payments.

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  • What can be the possible outcome in a fight for custody at court for my children?

    I have 2 boys with disabilities and I no longer have a relationship with the father. He wants to fight for custody, he is married and I am single. He uses drugs and I am drug free. The kids need to be taken to occupational, speech and physical the...

    Andrew’s Answer

    • Selected as best answer

    In matters of custody, or as we call it here in Florida, parental responsibility and timesharing, The judge is required to make his ruling solely on the best interest of the child(ren). In order to determine that, there are several factors the judge must consider. Those factors are listed in Florida statute 61.13 and they are as follows:

    (a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

    (b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

    (c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

    (d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

    (e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

    (f) The moral fitness of the parents.

    (g) The mental and physical health of the parents.

    (h) The home, school, and community record of the child.

    (i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

    (j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.

    (k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

    (l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

    (m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.

    (n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

    (o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

    (p) The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and extracurricular activities.

    (q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

    (r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

    (s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

    (t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

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  • Is there a way to file separate motions to be heard same date,time?

    Ex husband filed motion contempt/enforcement for visitation but the visitation time hasn't occurred. I am preparing a motion to modify the order as an entirety for time sharing, shared parenting responsibility, etc. Ex husband has set hearing time...

    Andrew’s Answer

    I agree with my colleague Mr. Lampert. To modify timesharing and/parental responsibility you would need to file a Supplemental Petition for Modification of Parenting Plan. In that Supplemental Petition you must state that since the last Final Judgment, there has been a substantial change of circumstances (and must state what that is) making it in the best interest of the minor child(ren) to modify the timesharing and/or parental responsibility. Good Luck

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  • What should my current partner (bio dad) do to preserve his rights & can he establish paternity in court prior to the birth?

    Hi, I am married but estranged for several months from my husband (he lives out of state) and I have recently found out I am pregnant with my new partner's baby. My partner lives with me and wants to be fully involved as a father to this child. I ...

    Andrew’s Answer

    In Florida, your partner may be the biological father, however he does NOT have standing to seek to establish the paternity of your child. This is because your child was born into an intact marriage. Florida does not have legal separation. So, while you and your husband may not be living together until one of you files for divorce, your marriage is intact. When a baby is born of a marriage, we state that the child was born legitimate. Legitimacy exists when a child is born during the mother’s marriage, regardless
    of whether the father is her husband or someone else. Legitimacy and paternity
    are not the same thing.
    Now if your husband does not object to the paternity action, you can proceed to bring a paternity action against your partner (since you are together, this can be done uncontested).
    If your Husband objects, the presumption of legitimacy may be overcome with competent, substantial
    evidence supporting that the children’s best interests will be served. An action seeking declaratory
    relief is a proper method to resolve the issue of paternity of children who were
    born during the mother’s marriage to another man. Good Luck!

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  • What can I do to ensure I get to be my child's father (i.e. Spend time and make important decisions)?

    I am a 25 year old man who while in a diffrent city got a young woman I knew for about a week pregnant. When she initial told me about her pregnancy I suggested abortion and she got very angry with me. I apologized for any offense, and I told her...

    Andrew’s Answer

    The very first thing you need to do is to file your name into the Florida Putative Father Registry. This will ensure that you are notified if the birth mother tries to terminate your rights and/or marries her boyfriend and wants him to adopt the child.
    The second thing you need to do is file a Petition to Determine Paternity in which you are asking the Court to make you the legal father and to give you parenting rights and timesharing. You can file this even if the child is not yet born. If you are 100% sure the child is yours, you can sign an affidavit of paternity. I would highly encourage you to seek help from a family law attorney, because there is specific language that needs to be included in your petition and/or you affidavit of paternity. Good Luck

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  • Do I have more custody rights over our children, and are my children entitled to back child support for time incarcerated?

    I live in florida..I have 2 minor children with my ex, we were never married. He go in some trouble back in 2011 and was recently released from prison in November 2015. We have never went to court about custody or child support BC after we broke u...

    Andrew’s Answer

    If you and your ex have never been to court and there is no court order stating he is the
    father of the child, Then you, being the unmarried birth mother, have sole parental responsibility and 100% timesharing. If you take him to court for child support, they will most likely recognize him as the father, which will give him certain rights. This will allow him to file a petition asking for shared parenting and time-sharing. If you are establishing child support for the first time, you can seek retroactive child support for up to two (2) years prior to the date of filing.

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  • Can a family member be an agent for me and speak for me in my defense in family court in florida?

    My ex filed a motion stating that I have violated the visitation agreement with y 13 y/o child.

    Andrew’s Answer

    If your family member is an attorney and licensed to practice law in Florida, then yes that person could represent you. However anyone who is not an attorney cannot act as your agent in court. However, if your family member has personal knowledge of issues that arise in your case, then you could call your relative as a witness.

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  • Father agreed to my move to orlando fl. With our son but he will not release him to me. Father is being spiteful. What should I

    Father has agreed for me to relocate to orlando Florida. Now it's the matter of time I am not spending with my son. Father and I were never married we are sharing joint custody in the State Of las vegas nv. I am now legally married with a daughter...

    Andrew’s Answer

    • Selected as best answer

    I agree with my colleagues above. It sounds as if you have a custody order in Nevada. If so, there may be a clause in the order stating that Nevada is retaining jurisdiction. That means, no matter where you, your ex or your son live, you would have to go to court in Nevada. If there is no such clause in the order, then you could file a motion here in Florida, but only after you and your son have resided here for more than six months. Since your son has not been in Florida for more than six months, you will need to proceed in Nevada. I would contact a family law lawyer in Las Vegas to help you. Good luck!

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  • Is it reasonable to ask for a deviation of the child support guidelines?

    The form says: Any other adjustment that is needed to achieve an equitable result, which may include reasonable and necessary expenses or debts jointly incurred during the marriage. I cannot rent an apartment because my ex-wife skipped out on t...

    Andrew’s Answer

    I would need a little more information from you to fully answer your question. If your ex-wife was ordered in the divorce to pay those specific debts and she has defaulted, resulting in the companies coming after you, depending on your income, you may be able to persuade a judge to deviate from the guidelines.

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  • Can anyone qualify for an injunction for protection against repeat violence, or must they be blood/family/dating related?

    The petitioner against me is frivolous, the relationship is odd but its my child's mother's adopted mother. I understand in Domestic Battery charges there must be a relationship thats listed in the law, so I wondered doe sthis injunction have s...

    Andrew’s Answer

    Any person who is the victim of repeat violence or the parent or legal guardian of any minor who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence (§784.046(2)(a).
    The Petitioner must allege two incidents of violence or stalking commited by the Respondent, which are directed against the Petitioner or the Petitioner's immediate family member. §784.046(1)(b). One of the two incidents must have occured within the six months prior to the Petitioner filing the Petition. §784.046(1)(b).
    So, the answer to your question is that, unlike filing a Petition for Injunction Against Domestic Violence, you do not have to be related to file a Petition for Injunction for Protection Against Repeat Violence. You just need to make sure you have at least two incidents of violence and that the most recent act of violence occured no more than six months before filing the petition.

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