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Joanna Marie Mitchell
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Joanna Mitchell’s Answers

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  • Can she argue against abandoment if I deny her visitation? can she win majority time share. Her school district is also better

    I cant stand my ex. She provides for our child and keeps in contact. But I deny visitation. This is pre divorce.

    Joanna’s Answer

    Denial of visitation without there being good cause (not liking her is not good cause) is never viewed favorably by the courts. One of the factors that the court considers in determining which parent should have the most time with the children is which parent is more likely to foster and encourage regular timesharing and a supportive relationship with the other parent. This is only one of many that are set forth in Chapter 61.30 Florida Statutes.

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  • Can I stop my child support payments if i have the children with me full time?

    never married, ex put me on child support many years back and i have been paying child support and being a part of the childrens lives. Then recently dcf investigated my ex and then called me and said they are taking the kids out of her custody a...

    Joanna’s Answer

    I agree with the others. You have to keep paying child support until a Judge stops the child support. So, file the motion ASAP and/or amend your emergency motion and set it for hearing as soon as possible. If you are unsure how to proceed, you may want to hire an attorney to assist you.

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  • Will the time affect me winning majority time share? Will the judge be lenient based on circumstances....

    My son has been with my soon to be ex for 8 mths while I saved for an attorney. Does him completing Kdg there(although the school is below average) and being there for 8 mths, affect if I have majority of the time share? I came out of a relations...

    Joanna’s Answer

    The Courts do favor stability for the children; however, his refusing to permit you to see your son will not be viewed favorably, as long as you can prove it. You should hire an attorney and discuss with them the best way to proceed and how to prove your case. Keep sending text messages and emails requesting to see your son (I usually recommend maybe once or twice a week), and initiate proceedings. The only one who can establish a timesharing plan, if your ex is refusing, is a Judge.

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  • So what can I do about her calling the police on me I have notarized statement for my friend saying she told him to tell me stuf

    My wife has domestic abuse injunction on me . Yes we got in a verbal argument . I went to court had no money and seen attorney before has she said there's never been officers called to the house before . You guys will make up Well I got screwd I y...

    Joanna’s Answer

    The injunction is against you, not against her. So, she can contact people to relay messages to you, but you cannot do so to her. As for her calling the police, it sounds as if they keep telling her that you're not doing anything wrong or taking any action, so I'm not sure what the issue is, other than aggravation. Just do what you're supposed to do and you should be fine.

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  • Abandoment? What can I do?

    What should I do if my ex wont respond to me about visiting our son? I belive he doesnt want me to see him until we divorce, but ive been saving for an attorney and he has denied me for 8 months? What can I do so that it doesnt look like abandome...

    Joanna’s Answer

    I agree with the prior response. If you are attempting to see your son and are being denied, that is not abandonment. And yes, you need to document with text messages and emails, you could even send a certified letter if you want. Don't harass him, but you should regularly be requesting to see your son for a weekend, during the week, when there is a school break, etc. His refusal to permit you to see your son will not be viewed favorably by the court. As for you getting majority timesharing, that will be determined based on the factors of F.S. 61.30 and the Court's determination of what timesharing arrangement is in your child's best interest. You should initiate proceedings as soon as possible, as no-one can force your Husband to do anything other than a Judge.

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  • Msa's not suppose to be penal in nature and since there was no entry that I couldn't pay late or by other means then sellIng.

    I am being taken into court to be forced to sell my house. I signed a marital agreement saying I would pay monies to my ex wife by January 31st or I would sell my house to pay her. Before the house sold I came up with the money and paid her in fu...

    Joanna’s Answer

    The Marital Settlement Agreement needs to be reviewed by an attorney in order to answer your question. If the house was non-marital and she is not on the deed or mortgage, AND you've paid her in full, then I don't understand the benefit they would receive from forcing you to sell your house. You really, really need to talk with an attorney and retain one to assist you. Many attorneys offer free telephone consultations during which you can send over a copy of the MSA and discuss your potential rights and options.

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  • What are the chances of the father being denied parental rights? Can mother leave state even for vacation during case.

    A father filed for paternity for 5y.o. son. Mother and father were never married. Father has alcohol and drug problems. Father has a long record including domestic (charges were dropped by mother) and various DUI and drug convictions plus forgery...

    Joanna’s Answer

    With DCF currently involved, you will need to check with your case worker as to what you can and cannot do. Generally, you would be allowed to go out of state for a vacation, but not to relocate until both the paternity matter and the DCF matter are resolved. As for the parental rights, I agree with the others that you may have a case for limited or even supervised timesharing, but probably not for a termination of parental rights. You may be able to get sole parental responsibility though. You really need to speak with an experienced attorney before taking any actions so that you can best determine how to proceed and what you should or should not do.

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  • Is there a marriage here in the US for me to divorce or can I simply change my name and eventually remarry?

    In October of 2014 I went to Accra Ghana and got married and then began the immigration process for my husband to come here. In January of this year he was denied his Visa because I had not been able to go back due to various circumstances. We hav...

    Joanna’s Answer

    I agree with the others. If you were legally married in Ghana, then you are legally married here and will need to get either a divorce or an annulment. Either way, he'll either need to cooperate and sign papers and send them back to you, or you will have to get him served in Ghana. If you are uncertain on how to proceed, you should hire an attorney here who can advise you and help you through the process.

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  • Is getting a child a haircut considered a day-to-day decision or ?

    Co-parents have joint decision making for "major" points.

    Joanna’s Answer

    Typically, you would not have to get "consent" for a haircut, but then again, it depends. If you're making a major change (i.e. cutting several inches of hair off or going from long hair to short hair), then you should consult with the other parent and mutually reach a decision. If it is a simple trim of some sort, then it shouldn't be an issue. Again, though, what is the harm in asking if the other person has an issue with the haircut? Communication between parents is essential if the parties are going to successfully co-parent.

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  • What is improper venue when it comes to child custody?

    Boyfriend's ex keeps trying to follow him back to the apartment and demanding to come inside and look around, when we told her no she hasn't let us see his daughter. He has a court order to get her every weekend so when we filed for civil contempt...

    Joanna’s Answer

    Venue is the location (county) where the matter is to be heard. If you filed in the same county that issued the original timesharing order, then you probably have the correct venue (unless people have moved). As for the underlying issue though, if she wanted to check your apartment to make sure that it was clean and safe for the child, you should have permitted her, on a one-time basis. A parent has a right to know that the other party has proper sleeping arrangements, the premises are clean and safe, etc. Rather than drag the matter back into court, why not try to find out why she wants to check the apartment and let her take a look around if she has any legitimate concerns. It's always better to try to work things out whenever possible.

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