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Thomas R. Peppler

Thomas Peppler’s Answers

725 total


  • Is there a way to petition the court to block third party involvement?

    My daughters grandmother over rides agreements my ex and I make regarding our daughter. We have 50/50 custody, however, during my ex's time, my daughter spends a lot of time at her grandmothers. She will often over ride what my ex and I have alr...

    Thomas’s Answer

    Grandparents have no legal rights over their grandchildren. if your ex is not keeping the child on her time, you can petition to change the contact because she is not using it. If neither your ex, nor you live in the child's school zone, the child is not supposed to be attending that school and the school administrators will move her if they find out. You absolutely need to talk to a lawyer on how to do this. Much depends upon the language in you final judgment and the parenting plan.

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  • What to do?

    I have had sole custody of my 2 sons since 2007. The mother has open visitation and only pays 610.00 in support. She took me to court 7 months ago and both motions were denied. Now she is taking me back citing a substantial change and hired an att...

    Thomas’s Answer

    Ms. Jacobs is correct. The welfare of your children is too important. And there is a difference between a motion and a Supplemental Petition. The Petition requires a response within 20 days of service. At least pay to have an experienced family law attorney review the pleadings and facts and advise you. A judge cannot take sides and is obligated to "watch you walk off a cliff" if you do not know what you are doing as a pro se litigant.

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  • My husband's attorney has been making thinly veiled threats of litigation if I don't cooperate.

    My husband deserted in secret, slipping away under pretense of going to the store 3x, the first being 3 weeks after moving in after marriage. No communication, refusal to communicate except text asking for divorce. I agreed to sign expecting it to...

    Thomas’s Answer

    Florida has jurisdiction over your marriage if you have n=been a resident for over six months before you filed the petition. Once you obtain service on your husband, he will be subject to the court's jurisdiction if the two of you were married in Florida or if the two of you lived together in Florida before he left. You absolutely need a lawyer to go over the facts with you to be sure of your rights.

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  • How

    I have full custody of my son's and my ex took me to court twice saying that she never gets to see them and both times both motions were denied. One for a parenting plan and one for reducing support. Now she is taking me back again for the same th...

    Thomas’s Answer

    if there is no substantial change from the last order, take it to a final hearing as soon as possible and you should win. If you used a lawyer the last time, he should have little problem in defending you this time.

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  • I just got served with a sup petition to increase child support based on her moving closer to me?

    the reason it is trying to say for the change in child support is that she moved closer to me and away from her parents who watched the children for free and now her expenses will be more....i want to go for more timesharing since she moved from s...

    Thomas’s Answer

    You must retain a lawyer and file an answer and counter petition within 20 days from the date you were served. If she has alleged that there is a substantial change because she moved closer to you, you can counter petition and use the same change to redo the parenting plan to reflect the new living arrangements. Child support will be recalculated based upon your two current incomes and the new contact schedule.

    You should be able to get some relief but I think you will need the help of a lawyer.

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  • AM I ENTITLED TO ANY THING BEING A COMMON LAW WIFE

    BEEN TOGETHER OVER 25 YEARS LIVED IN FLORIDA 8 YEARS LIVED TOGETHER BEFORE IN ILLINOIS AM I ENTITLED TO ANYTHING IF I LEAVE IN LIKE A DIVORCE

    Thomas’s Answer

    I understand that you cohabited in Illinois for about 13 years before moving here. If Illinois law recognizes a common law marriage as a valid marriage, and you meet that criteria, you can sue for divorce here in Florida because you had a legally recognized marriage in Illinois. Otherwise, you have the same rights as a room mate.

    If you have minor children, as the the children's child support and the parenting plan, , the courts will treat the two of you in the same manner as divorced parents

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  • Any recourse?

    I live in Florida and pay Child support for 1 child. My ex wife does not run air conditioning or hot water in the house she and my son live in. the house is filthy and smells. I have a great son, and he deserves better than that....I have asked...

    Thomas’s Answer

    You will need to have a lawyer read your final judgement and or the most recent order regarding the contact schedule . Usually the issue is a substantial change in circumstances that was not anticipated on the date of the last order, and which is harmful to the child. this is considered a heavier burden of proof than that which is required t the original hearing. You may have a case, but it is not going to be a simple yes or no answer.

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  • Ethics

    My estranged wife brought my son to see a psychologist that her lawyer referred to. The psychologist was not appointed or ordered by Court at all but he is now suggesting supervised visitation against me without any abuse. My wife's lawyer is fili...

    Thomas’s Answer

    Your wife has done no more than tell the court that she thinks she has a good basis for seeking supervised visitation. No order will be entered without giving you a proper chance to respond. She has to prove her claim and you will have the opportunity to show she is wrong.

    How you do this depends upon what she filed. You should hire a lawyer to assist you in preparing and presenting your defense.

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  • I wish to adopt my husband children whose mother has died. what would be the best route to take.

    My husband is currently in prison can I proceed with this process? They are currently with the maternal grandmother.

    Thomas’s Answer

    If your husband has not had his parental rights removed, you and he may file for a step parent adoption. Usually this is a relatively short and inexpensive proceeding. It is possible that the maternal grandmother could intervene and object, but it is unlikely that she would prevail unless she can show actual harm to the children. There may e facts that change this result. You will need to use a lawyer for this.

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  • If he is not the natural father but signed the birth certificate and has raised him his whole life can he choose to sign

    My son is 8 and my husband (who we are in the middle of a divorce) signed the birth certificate since the biological father is unknown. he has raised my son the whole 8 years and is the only dad he knows but now that we are separated is threatenin...

    Thomas’s Answer

    If the child was born during the marriage, he is the legal father. In the absence of the biological father he is the only father. This is a somewhat complicated area and you should meet wit a lawyer to discuss the facts in detail.

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