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Jose Gonzalez’s Answers

2 total

  • How can I dispute a restraining order that's being placed on me by my boyfriend. I cant afford a lawyer.

    My boyfriend of 3 years has placed a restraining order on me. Court is in 4 days. I want to dispute his claims against me. I cant afford a lawyer. His allegations are mostly false and way over exaggerated. I want to protect my rights.

    Jose’s Answer

    Your best means of protecting your rights is by obtaining representation. Short of that, your boyfriend most likely must prove to the court that you either committed an act of domestic violence against him, or that he is in imminent danger of becoming the victim of domestic violence. Make sure to bring all witnesses and evidence to your hearing. Be aware that letters from witnesses are inadmissible and that all witnesses must present live testimony. If you have minor children involved, you may qualify for free representation through domestic violence programs in your state.

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  • Can a man surrender his parental rights in family court?


    Jose’s Answer

    You can always surrender your right to visit a child, or have parental decision making authority with regard to a child. You can "surrender" or agree to have your parental rights terminated if a step-parent or other family member wishes to adopt the child. You cannot simply "surrender" your obligation to pay child support for a child, as the right to receive support is not a right a parent can legally waive. Many parties enter into agreements of this type where child support is "waived", but be careful, as Florida case law has consistently held these types of agreements legally unenforceable. With the other parents consent, you can have your parental rights and obligations terminated, but that would require the consent of the other parent, and action by the other parent (i.e. the filing of a legal action) to have that occur.

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