Questions answered by Ergio I. Fernandez

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What are my rights in a divorce? I don’t want to put her on the street…I don’t want to give any rights neither, unless necessary

Ergio's answer | Answered on August 29, 2014

You definitely need an experienced family lawyer in your area. Financially, you stand to pay. The adultery is irrelevant unless she depleted or...

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How can I stop DCF from investigating me based on a false accusation?

Ergio's answer | Answered on August 21, 2014

Unless you hire an attorney to intervene and deal directly with DCF they will continue to harass you.

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I received Eviction papers in the mail from the Landlord. Was I served properly?

Ergio's answer | Answered on August 20, 2014

You cannot be served by mail. Two summonses are required. The complaint not being signed suffers from the same problem as the plaintiff being an...

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Visitation in place, but I owe child support & the custodial parent won't allow me to see my children. Enforce? I have warrants

Ergio's answer | Answered on August 20, 2014

Timesharing cannot be denied, and you can enforce it, even when you are behind on child support. However, the warrant is a different matter...

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Divorce someone that lives out of the country.

Ergio's answer | Answered on August 20, 2014

If he's in agreement, then you need to send him a copy of the petition for dissolution and have him sign an Answer and Waiver of Service of...

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Please help! Public defenders office lost only evidence to prove innocence. Dont know what to do.

Ergio's answer | Answered on August 19, 2014

You need to get a new attorney right away. Otherwise, your husband will be forced to plea for go to trial.

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Can I enroll my child to school in my county?

Ergio's answer | Answered on August 19, 2014

Your situation raises more questions than answers. But ultimately your son's school and your case should stay in Miami-Dade County. I suggest you...

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From Florida- How many years behind bar can a judge give someone who has 7 DUI?

Ergio's answer | Answered on August 16, 2014

The short and simplistic answer is that it depends on how far apart some of the prior convictions are and also on whether the state charges the...

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I had an arrest in Nov 2012 for drugs, tampering and paraphenalia. The guy in my car had the drugs and plead guilty.

Ergio's answer | Answered on May 12, 2013

You can ask for a continuance, but granting it is discretionary by the judge. If you've continuances before, for example, the judge may deny any...

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I want to know if my kids father have cause to have custody and my parental rights taken from me? And will it hold up in court?

Ergio's answer | Answered on May 06, 2013

This really depends on a number of factors. However, he can use your conviction and bad times as much as you can use his criminal activity. The...

Ergio I. Fernandez's Answers (251)

What are my rights in a divorce? I don’t want to put her on the street…I don’t want to give any rights neither, unless necessary

How can I stop DCF from investigating me based on a false accusation?

I received Eviction papers in the mail from the Landlord. Was I served properly?

Visitation in place, but I owe child support & the custodial parent won't allow me to see my children. Enforce? I have warrants

Divorce someone that lives out of the country.

Please help! Public defenders office lost only evidence to prove innocence. Dont know what to do.

Can I enroll my child to school in my county?

From Florida- How many years behind bar can a judge give someone who has 7 DUI?

I had an arrest in Nov 2012 for drugs, tampering and paraphenalia. The guy in my car had the drugs and plead guilty.

I want to know if my kids father have cause to have custody and my parental rights taken from me? And will it hold up in court?