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Kristen Smith-Rodriguez

Kristen Smith-Rodriguez’s Answers

94 total


  • Would I be able to fight a full custody with my son? Does dept of revenue cares how much time he gets on the amount he pays?

    my ex left our house last year of april leaving me with our son at home and our other son in my home country. relationship lasted almost 6 years off and on. i filed him child support for the two kids and got the support. lately he requested an inc...

    Kristen’s Answer

    Assuming that you are not married to the Father of the children, he is permitted to seek timesharing with his children. He would need to file a Petition to Establish Paternity, Timesharing, and Other Relief. He would then have you served with that document and you would need to file an Answer. I am a bit confused in reading your question. If you and the Father have given consent for the children to be with the grandparents, assuming it is temporary, the Father may always withdraw his consent. Child support only deals with money, the circuit court will deal with timesharing.

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  • How do I change my sons last name to my new married last name?

    I want to change my sons last name to my new married name. I've been married to my current husband for almost 7 years and have been with him for the last 14 years. We have two children together as well. I have no idea were the biological father is...

    Kristen’s Answer

    You may review the forms on FLCourts.org to file a Petition for Name Change. Since you do not know where the father to the child is located, you will need to have him "served" by a Notice of Publication. All of that information is on the form(s) at the above website. But of course, there are plenty of lawyers that can help!

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  • He made us go to TX without him. Legal consequences of staying in TX with kids? If he filed, what would happen?

    Husband is retired military (15 year buyout) with PTSD and anger issues. Has been sexually abusive and is emotionally abusive. Threatened to beat our son over a game. His therapist said to take our kids and go back to TX to someone who can prot...

    Kristen’s Answer

    If you were to move to or stay in Texas, your husband may file for divorce in Florida and Florida would have jurisdiction over the children because it is the state where (I assume) they lived for the last 6 months. You would need to show that the children's best interests are served by remaining with you in Texas. Certainly report any abuse and protect yourself and your children. Be sure to respond to any paperwork that is served on you.

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  • Divorced - 50/50 Parenting Plan / Ex is jealous trying to make things complex for the kids and I.

    My family and her have bough my kids into things by telling them inappropriate things that have been made up about me that are not true or twisted. After signing a parenting plan and marriage settlement, is it easy to go back to court and change t...

    Kristen’s Answer

    It is not easy to change a parenting plan or marital settlement agreement. To change the parenting plan there would need to be a substantial change in circumstance and the best interests of the children still need to be met. Assuming there was no fraud involved in the martial settlement agreement, and all debts and assets were disclose and it was signed freely, then it would not be changed.

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  • What can i do ? He makes 10.00 a hr. And is happy.i will never be able to live off 30% of that

    My husband ad i were married for 34 years.He wanted a divorce. I gave him one . problem is he made 80,000 a year. I was intitled to 30%. He lost his job and did not work for three years He is to inherate a large sum of money so he has a job for 1...

    Kristen’s Answer

    Depending on the terms of your divorce agreement or order, you may be filed a motion for contempt or enforcement or possible a modification action. You should speak with an attorney because there are several questions that need to be asked of you in order to answer your question.

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  • Florida divorce mediation, how do I word to protect child

    I have ordered mediation in few days, the child has been around a dangerous new boyfriend that opposing side dated 20 years ago. We are talking arrested every year for last 20 years, multiple DWI's, no license, drug convictions, and served time in...

    Kristen’s Answer

    There are many clauses that you can include in an agreement which may include specifically naming a person the child cannot be around. You need to be mindful of general terms such as "criminal record" because there are crimes that have no bearing on the physical safety of your child and others that may directly impact the child. It is unlikely that the opposing party would agree to automatically have the child live with you exclusively if a provision of the agreement was violated. You may want to include language in the agreement that gives you the right to modify timesharing by "simple motion" rather than "supplemental petition" in case there is a concern for the child. This is simply a faster way to have a judge hear your reasons why timesharing needs to change. You should certainly consult with an attorney.

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  • Is 401 K a protected asset in alimony? there are no other assets.

    If an alimony payer looses his job and has opened up the case for temporary cessation of alimony and has no other assets is he/she obligated to take early withdrawal from 401K to pay alimony.

    Kristen’s Answer

    Assuming that you are already divorced and that the payor was ordered to pay alimony in the Final Judgment, then a court would not order the payor to take an early withdrawal from the 401k. There are times when a payor has a vehicle and a motorcycle (or extra asset) and the court may order the sale of the motorcycle to pay the accrued alimony arrearage.

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  • How can I get unsupervised visitation of all four children, and also split custody of all four children ?

    I have 4 children , ages 9,8,6,and 4. My ex husband has sole custody of all the kids,and his parental rights. I only have my parental rights, and supervised visitation of all four children. I want to get my child abuse record, expunged. If I want ...

    Kristen’s Answer

    You may file a Supplemental Petition for Modification if there has been a substantial change in circumstances since the last Judgment was issued. You would need to show what is different between then and now (especially with whatever it is that caused you to have supervised visitation). You should consult with an attorney to make sure that you have taken all necessary steps to make the argument for unsupervised timesharing.

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  • Can he just go ahead and file a motion for emergency custody or does he need to petition to determine paternity first?

    My son's ex-girlfriend had his child out of wedlock. At birth, she did not put his name on the birth certificate. My son took a dna test and proved to be his. 1 1/2 years later, she added his name to the birth certificate. At this time, she le...

    Kristen’s Answer

    Your son would need to file a Petition to Establish Paternity, Timesharing, and Other Relief. Your son's name being on the birth certificate merely allows a court to proceed without a DNA test. As part of the Paternity case, he may file a motion for temporary relief to have the court decide timesharing on a temporary basis. An Emergency Motion may be filed if there is an actual emergency and safety concern. The fact that your son is not seeing the child, is not in itself an emergency. You also need to file this action in the state with the child has last lived for 6 months, because that is the state that has jurisdiction over the child.

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  • What do i do next?

    i am a single mother, my son is 11 months old, happy and healthy. i now have an open DCF investigation due to an anonymous tip stating that my boyfriend (child's father) had been neglecting our son, manufacturing drugs in our son's presence as we...

    Kristen’s Answer

    DCF may have a pending investigation that may close in time with "no indicators" of abuse. Or, DCF may find a substantial claim and open a formal case against you (or the child's father) in dependency court. You need to be mindful of a potential claim against you for "failure to protect" your son. Cooperate with DCF. In the event that a formal case begins, DCF may look to "shelter" the child with someone, such as your parents. Or you may keep your child and simply need to comply with a case plan. In any event, you are never required to give your parents power of attorney over you or your son. You may certainly include your parents on paperwork at the child's doctor's office, and of course in an actual emergency, your parents may take your son to the emergency room without written permission.

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