My son is a Florida Seminole, he and his wife have been separated for 7 years. They have 1 child together. My son and his child receive tribal dividend. He and his spouse both have new partners that the are co-habitating with. Could or would he be...
There is no way a lawyer can give you a definitive answer to this question, either on the internet or in person, because no one can guarantee how a judge will rule. A 7 year marriage is a moderate term marriage with no presumption for or against alimony. The cohabitation works against her. This puts the odds in your favor. That being said, the dividend is high, compared to the average person's income, I would imagine this case would be settled.See question
I would like to know on a possible eviction scenario, would I need a litigation attorney or a a real estate attorney?
You need a litigator. The term "real estate attorney" generally denotes a lawyer who handles transactions like closings and writes title.See question
My child is 3 and has a valid passport, i am wanting to travel from the USA to Costa Rica with my child. I have heard you need a notarized letter of consent for the child to travel if you are traveling as a single parent. my problem is, my child's...
I had exactly this same problem for my child's entire minority. We did travel. One US Border Patrol Officer asked me for a court order pertaining to my daughter. I told him there are no court orders pertaining to my daughter, what do you think, my daughter came out of me with a court order in her hand. He then asked what I did for a living. I told him I was a lawyer. He said you don't have to have the notarized letter, but if you don't you can be detained, for hours, while they search for court orders. I traveled.I told them my husband left. We do not see him. I do know where he is. The older she got the less they asked. Now she's grown up. Thank God. Good luck..See question
My daughter moved her boyfriend in with her. Things didn't work out, she's pregnant but their relationship is vile. His name is not on the lease, and his address is different on his license, now he does get his court records sent there. The only t...
I see a lot going on in this question. To get him out she may have several choices: paying him to leave, moving herself, an unlawful detainer action or an eviction. Then she has the issue of the future she anticipates with her child's father. Whose last name will that child carry? Is his name going on the birth certificate. I strongly suggest your daughter consider what she wants and consults with an attorney to get there.See question
We are not married and he's not on his birth certificate , now he wants to spend time with his son but I'm afraid he won't give him back like he says he will out of spite, what do I do
The unmarried mother of a child has ALL parental rights in Florida. Unless an order of paternity has been entered your baby daddy has zero rights. Call the police and go get your child.See question
My 32 year old son lives with us actually he never moved out. He never paid rent or was asked too. He won't leave on his own. he is emotionally abusive and I'm scared of him but he has not touch me. But has used an axe on my truck. And has threa...
You can get a restraining order because of the threats or you can file an unlawful detainer action, which is like an eviction when there is no landlord/tenant relationship. I recommend you get an attorney for unlawful detainer action. Once you get him out you need to change the locks and not let him back in. I wish you best.See question
My dad (age 60) had a stroke and now requires full-time assistance and care in a nursing home. Stepmom filed for divorce in Florida; dad and I live 1,000 miles away in the Northeast. We did a telephonic hearing, and the judge said that if they can...
If your father is adjudicated incapacitated in a guardianship there is a waiting period before he can be divorced. He could request a stay while the Guardianship is pending. That being said, Guardianships are expensive, have on-going costs and are to avoided if possible. If you attempted to get Guardianship over your father you should anticipate your step-mother trying to get Guardianship also. I don't believe you could represent him if you were the Guardian because you are not a lawyer. Your father needs a lawyer and a strategy for this difficult situation. You have my sympathy with what you are going through.See question
Per the courts, it is saying that i am to claim my daughter on even years and the father on odd years, however he gets her 24 overnights and myself gets 341. He pays child support as well. He has never claimed her and i dont feel that its his righ...
If the court order says he gets to claim her then that's what he gets to do. You are not "allowing" it. The court order says it is his.See question
I'm just tying to figure out what all I have to pay after the settlement
I agree with the prior two attorneys but would add that I assume your lawyer will be with you at mediation and should be able to provide you with close to the number you will get if you settle while you are there, and before you settle.See question
I'm answering and counterpetitioning and unsure if I should also file for Child Support. To my understanding they are separate filings.
A paternity action should include a determination of child support and a parenting plan. Your understanding pertains to child support petitions filed by the Department of Revenue. Those actions do not include an adjudication of paternity.See question