Hello , If a someone is the newly established guardian advocate over their adult disabled child, are they required to get permission for both persons from the judge to move out of the state of Florida together? Does the case have to transferred t...
Ordinarily you notify the court you are moving and where, because if you are going to transfer the case, they need to know why you stop reporting. Then when you get to your new state, you take your order from the old state and register or domesticate it in the new state, depending on their laws, so that it is effective in the new state, where you would now follow their reporting requirements.See question
i dont want to hear by magistrates ,
This is the third question on this topic. If you read the order of the referral to the magistrate it tells you everything you need to know about objecting. If it is past the ten days, it's too late, and you're not going to get back in front of the judge unless there is something really unusual, not when you are not represented. It is not the office that determines whether a magistrate or a judge is better, it is the person holding that position and the type of case that you have. If you don't like what the magistrate orders, you can take exceptions, also within ten days, and then the judge reviews what the magistrate did. You have to have some sort of record. If this magistrate thing is really worrying you, then you need to get an attorney to represent you.See question
i dont want to hbe heard by magistrates.
A judge can refer a case to a magistrate, and often does so where neither party has an attorney. In the order of referral to the magistrate, part of the order referring advises the parties that if they don't consent to the case being heard by a magistrate they have to file their objection with the court within ten days of the order. All you have to do to keep the judge is to file within the ten days, but if you don't object despite the language in the referral order, then the court considers that you have consented and you stay with the magistrate unless there is some compelling reason to go back to the judge. More than just you don't want a magistrate. And if there is you have to do a motion.See question
My ex husband recently got married and took his wife's last name. He wishes to change our nine-year-old daughter's last name to his new name. I don't agree because our daughter has known her name her entire life and he is only doing this because h...
If you don't consent, he needs to get a court order. I'm not sure what his reasoning would be. It's a slightly unusual situation, so I'm really not sure how a judge would rule. Her father would have to articulate some persuasive reason why it is in her best interest.See question
I obtained custody of my almost 6 year old granddaughter through DCF placement when she was 6 months old. I was granted permanent guardianship when she was 18 months old. Her mom has been in prison, gotten out, had 3 more kids, relapsed on drugs a...
I hate to disagree with my colleagues, but if you got permanent guardianship through a DCF case, you have to write a letter to the dependency court asking to reopen the case and pursue termination of parental rights OR get permission for a consent adoption through the dependency court before seeking an adoption under CH 63, which would be the type of adoption to which the other attorneys are referring. If you ask to reopen the case, DCF will decide if they would do a termination action for you - they would come back in if the court reopens. So if you want to know if you would be successful, I suggest you meet with an attorney who handles TPR's in dependency court first, and get a sense of how that process would go. It is also a lot cheaper than pursuing a private adoption IF DCF pursues the TPR. If not, you as a private person can file a TPR, but then you would need to hire an attorney and I would suggest one familiar with TPR/adoption pursuant to both CH 39 and CH 61.See question
my mother left behind a house and some empty lots in her name solely,she left no will but my stepfather has been collecting rent and not sharing the proceeds,the property was never administered.
You need to go see a probate attorney. Even without a will the estate still needs to be administered.See question
I have a temporary visitation schedule where the father was awarded make up time for visitation and we are in a 50/50 that was prev. decided by old judge. the old judge asked that we mediate before the summer and be in a hearing in 06/2017 to dete...
No way to tell from this. It sounds like a long and complex history, and that you need an attorney to review the file for you. Although if dad moved without filing a petition for relocation under FS 61.00013 then he made a significant error. At the very least you should raise this issue with the judge. But I strongly advise you to get an attorney.See question
I was recently contacted by a so called law firm that said a claim from my local hospital has been made from an unpaid hospital bill from 2002 (15 years ago), they stated that they attempted contact through the mail,, an address I never heard of b...
I am not aware of any jurisdiction where that debt would not have expired due to a statute of limitations. It sounds like a scam to me. If they want to sue you let them serve you with papers and see what they are talking about. I doubt that will happen.See question
Back in 2003 i gave my son to my parents when my dad was still alive so i could get clean/sober and on my feet with the agreement that i get him back when this was done (no courts involved). My dad passed in 2007. Well my mom refuses to willingly ...
If she does not have a court order giving her guardianship, either through a family court or a DCF case court order, then she cannot keep him from you. You should be able to take the birth certificate to the police and get him back. However, if he is disabled and you can't care for him, and she has been with her for 14 years, most courts would say it is in his best interest to stay with her, unless she has been mistreating him in some way. All she would need to do is file in court. So you should probably think about what is best for your son, and then have a long talk with her. You don't say what his disability is, of if the SSI is from you, or his mom, but if he is competent, a court is also going to consider what he wants. And just because he is disabled, if he is, does not mean that he is not competent.See question
Me and my wife are divorcing the car is in both names and it says OR on the title.She won't give me my car back so what can I do does she have to give it back or can she contest ownership of it when we go to court
The OR would ordinarily mean that either of you could transfer title to the car, but if this car was purchased or partly or wholly paid for during the marriage then it is marital property and the court will decide who gets the car, and who pays for what in the divorce. If there is only one car, then the court will decide. If there are two cars, the court will normally award one to each party.See question