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Jordan Gerber

Jordan Gerber’s Answers

750 total


  • Divorce through abandoment

    If you divorce someone without notifying them and having knowledge of their contact info, can you lose custody?

    Jordan’s Answer

    In order to get a default judgment you have to sign a sworn affidavit of diligent search to get constructive service. This means lying to a judge, which usually isn't a good thing. If for some reason you slip through the cracks and get a default, I would say your fears about being seen as a fit parent might be in question in future custody proceedings.

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  • Can you lose custody for holding up process and not giving a divorce

    Not giving a divorce or signing servance holds up the process and my ex cant see our kid. I refuse and the longer I dont get served the longer she doesnt see him. Can I lose custody? She has asked for a divorce so that we can het things in place s...

    Jordan’s Answer

    You're going to end up screwing yourself in the end if you don't allow her access to the child. Unless there is evidence that doing so would be detrimental to the kid, you should reconsider. The judge will definitely take that into consideration when deciding parental responsibility under FS 61.30. Also, you can't evade service forever. If reality is knocking and you don't answer you're just digging a deeper hole.

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  • Can I move back to my home state with my 5month old twins?

    I have 5month old twins. I pay $300/week for daycare on top of my rent, car note, electric, car insurance, diapers, food, etc,... Their father has never signed their birth certificates or is helping me with anything. He hasn't even seen them in 3 ...

    Jordan’s Answer

    Although he has no parental rights until paternity is adjudicated, since there is pending litigation it's a little late to just pack up and leave. Try filing a motion for temporary relocation asap.

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  • Can the grandmother of my son adopt him without my permission?

    The grandmother of my 7 year old son has threatened me numerous time to adopt him. she has custody of him. she does not let me see him. I use to see him every weekend but once she knew i was going back for custody she has been threatening me with ...

    Jordan’s Answer

    Unless your parental rights have been terminated then she has no standing. Since it seems like you are complying with your case plan in dependency court from the facts you provided, you shouldn't have anything to worry about.

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  • What do I do if custodial parent gives our child a gps tracking device during my visitation?

    I know it's now illegal for a custodial parent to give a child a gps device (watch or cell phone) to be tracked while with the non-custodial parent (without consent). So what happens if they do it anyway? Should I keep the device as evidence and c...

    Jordan’s Answer

    Pressing charges or calling the cops isn't really an option. They will most likely tell you it's a family issue and they aren't getting involved. You can file a motion with the court citing the intentional interference with custody and request relief. You should take a look at your parenting plan to see what is detailed as to parental involvement with the other parents time sharing and you probably will have grounds for contempt (depending on what's included in the plan).

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  • How can get help with the divorce forms I already have without it being too much of a financial burden?

    I purchased the divorce forms online and have been trying to do my divorce myself. I have two children but am NOT requesting child support or alimony. I have been separated for 3 years and have full custody of my children (although he is allowed...

    Jordan’s Answer

    You can go to the courthouse and seek legal advice from an on site attorney, I believe the cost is $60 an hour. Her or she can help you fill out the forms and answer your questions. Good luck!

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  • Can my husband take my car?

    My husband and I have decided to get a divorce, he is bitter and angry because of the situation and keeps threatening me to take my car that is in his name. I am not on the car however I make payments with my account every month as I've done for t...

    Jordan’s Answer

    It is marital property so title really doesn't matter. You can file an injunction for the preservation of assets or for a partial distribution of the marital estate.

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  • If my ex-husband wins the appeal, would I just have to automatically move back or would we go back to a trial?

    I won a relocation case in Florida and moved to the new state with my elementary school age child. My ex-husband filed an appeal but we have lived here for over 4 months now and his initial briefing hasn't been turned in yet. We had a two full ...

    Jordan’s Answer

    If he is successfull, the appeals court will remand it to the trial court to render a new ruling depending on what issues he appeals and which (if any) the appeals court finds were decided improperly.

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  • I cannot keep paying temporary support and am waiting for a Court hearing. Can that impact my custody rights in the meantime?

    I have been pay my ex rent for 11 months and now the lease that was still in my name is expired. I have filled a motion for modification of temporary support since she is working already and I cannot keep paying her rent (I owe money to IRS, relat...

    Jordan’s Answer

    Time sharing and child support are two different issues in the eyes of the court. A party is not allowed to withhold time sharing or access to the child because of failure to pay child support.

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  • Apply new states laws , will it also modify the age of majority?

    The original issuing states age of majority is 21. Custodial parent and child now live in Florida and non custodial parent in Texas. Under these circumstances is there any way possible to have florida's age of majority apply?

    Jordan’s Answer

    Unfortunately if there is a party residing in the state where the order is entered, that court retains jurisdiction and their laws apply.

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