Skip to main content
Joshua David Ferraro

Joshua Ferraro’s Answers

10 total

  • My attorney TERMINATED my 2 auto accident cases after 2 years bc my paperwork was in to many hands

    I have a written release from them& thats been 7 days ago! I need a nother attorney QUUCK!

    Joshua’s Answer

    As the other commenters have noted, your best bet would be to use the attorney search function of this website to find a local personal injury attorney who can assist you. Most PI attorneys offer a free consultation and will meet with you on very short notice.

    See question 
  • Tenant rights can a landlord evict me if my son stays for 8 days due to he moving into his place of residence

    in the lease it says only two people can live here but he and his wife and 3 yr old child were only staying for a matter of 8 days til their new home is open to move into. my landlord text me awful things, threatened me, came up to my business and...

    Joshua’s Answer

    As the other commenters have stated, it sounds like you have a variety of legal and other issues with your landlord ranging from a potential battery claim to violations of the landlord-tenant act. Certainly if you have breached your lease, regardless of whether you think the breach was reasonable on your part; your landlord has the right to initiate eviction proceedings against. However, based upon your question it sounds like you would have several collateral defenses (that is defenses to the of eviction which don't necessarily deal directly with your breach of the lease). In the end, if you were to raise these issues either in the eviction case (or more likely in a separate action) it would be economically unfeasible for the landlord to move forward with the termination of your lease.

    That said, it sounds like you are living in a bad situation and bringing these claims outside the context of the eviction proceeding would likely be financially unfeasible as well. Instead, you might consider raising these issues with your landlord and looking for a compromise that is in both of your interests (either with or without an attorney depending on the nature of your relationship with the landlord, your financial resources and your comfort level in addressing these issues on your own).

    See question 
  • When can child influence court on custody?

    My ex has sole custody. I have every other weekend. My eldest child whom is turning 12 in 4 months has repeatedly asked to move here full time. She claims her mom is a bully and that my daughter is scared of her. The kids ask to see me more than w...

    Joshua’s Answer

    • Selected as best answer

    Certainly if you have the relationship to do so, it's never a bad idea to address parenting issues directly before getting lawyers courts (or even mediators) involved. You never know, you both might have the same idea of what is in the best interest of your child and before spending money and drawing battle lines you should determine this. I don't see any downside, in at least raising the subject if you are comfortable doing so.

    As far as your other question, most courts will take into account a child's preference once they reach an age, experience and maturity where the court feels their opinion is relevant. Each judge is different with regard to what at age this occurs and how they take the information into account. Most judges will start to listen to a child's preferences, either directly or through the use of a guardian ad litem, around the age of 13 or 14. At age 12, your best bet is likely to file a motion for more time-sharing and asked the judge to appoint a guardian ad litem or other intermediary to interview the child and express an opinion about her best interests taking into account the outcome of this interview.

    See question 
  • Divorce: Pretrial/Mediation

    I have a meditation scheduled, andno representation. And my Ex dies (I know, I need to get representation. Zero $ but expecting done from divorce. But my mediation is approaching quick and I need time to find an attorney.. Can I file a contin...

    Joshua’s Answer

    As the other commenters have posted, it's not clear from your question whether your spouse is passed away or your attorney has died. If your spouse passed away, then the court no longer has jurisdiction to enter a divorce decree and therefore the case is over. You will have all rights and interests that your state grants to surviving spouses (which in most cases would be more than you would get in a divorce case anyway). On the other hand, if your attorney has died they clearly you would be able to get an extension of your mediation date. I would simply let the mediator, and the other attorney, know as far in advance as possible. Some judges require emotion in order, however it's extremely unlikely under these circumstances (if you gave notice to the mediator and other side) that you would be sanctioned. At the end of the day, mediation will not be particularly useful if both parties are not prepared and ready to discuss all issues and therefore everyone involved will likely consent to move the date to a time that is more practical.

    See question 
  • How do I get my ex to pay the alimony he agreed in divorce filing, and avoid any mud-slinging in court? Arbitration/mediation?

    My ex and I divorced end 2012. He misrepresented his earnings to the court, and confessed this in writing to me via email. He has a history of untruth and little follow through. 1) Do I reopen the case? 2) How do I keep our affairs pri...

    Joshua’s Answer

    1. If the award was based upon a fraudulent financial affidavit then you have the option to file a motion to set the Judgement aside based upon Florida Rule of Family Law Procedure 12.540(a) which was recently amended to remove any deadline for filing.

    2. If you do not have minor children together, you can hire a private judge to conduct a trial and the Judgement would be enforceable under the Court order. This is called a Voluntary Trial Resolution proceeding. Of course, you would both have to agree but it would grant you a great deal more privacy. Of course, mediation should always be attempted (and is generally required) because it offers a great deal of benefits, including keeping our affairs out of the public records.

    3. If the Judge enters a order of enforcement which reduces the debt to a money judgment and uses the words "for which let execution issue" then you will be able to have his wages garnished or his property sold.

    4. Yes. The Judge will enter an Income Witholding Order which directs his employer to take the money out of his pay and deposit it into the court depository (which will in turn pay you)

    See question 
  • Divorce Mediation

    Me and my husband went to mediation Friday. We entered in a MSA with a court mediator. He calls me to saying I changed my mind on the MSA. Is this MSA revocable once signed?

    Joshua’s Answer

    It could only be invalidated, absent agreement of the parties, upon a showing that it was produced through coercion, duresss or fraud. This is an extremely high burden that is nearly impossible to satisfy because most Judge's understand that almost everyone experiences some level of buyer's remorse once the ink is dry.

    See question 
  • Can I modify or invalidate this clause of my divorce agreement?

    My ex and I divorced 2 years ago, she had a lawyer and I did not. We owned a house jointly. In the decree, it states that I am responsible for paying the mortgage to her then she pays the bank but the house stays in both our names. I agreed to thi...

    Joshua’s Answer

    Its difficult to say without seeing the actual Marital Settlement Agreement but it appears that this provision would be considered part of your property division/equitable distribution. Unfortunatly, property division awards (or agreements) are non-modifiable despite a future change in circumstances. In some cases, particularly those dealing with Florida real estate, the implications of this can be harsh but the Court will not/cannot grant relief.

    You could claim that your obligation to pay the mortgage is alimony, which would make it modifiable but you would have to prove that your income went down substantially since the entry of the Final Judgement (which does not appear to be the case). The good news is that if the provision is equitable distribution/property division then it is not subject to contempt and therefore if you fail to pay then the most a court could do would be to enter a Judgment against you...which likely would not be an issue given the financial circumstances you describe. Of course, your best bet is to get the Court to require the sale of the house as quickly as possible (possibly through an auction) in order to be done with this obligation once and for all.

    See question 
  • If my mediation says pending and the father is in prison until 2018 can I move out of state

    I have a time sharing meditation but it only says pending, and the father is in prison until 2018 and I have a job offer in Pennsylvania can I move there ?

    Joshua’s Answer

    • Selected as best answer

    Florida Statute 61.13001 governs relocation in the State of Florida and states that prior to moving (more than 50 miles from the child's principle residence) a parent must file a petition for relocation and provide notice to the other party. If the notice is not objected to within thirty days then the Court must allow the relocation. Otherwise, the Court will make a determination based upon the best interests of the child (applying a set of factors set forth in the statute). If the father is in prison for another four years, then the Court would almost certainly grant the petition, if there is any rational basis for the move at all.

    However, you should be careful to comply with the statute because if you don't the court could make you return and use your non-compliance as a reason to deny your petition. Again, if the father is in prison and you have a job offer in PA then there is really no reason not to comply with the statute as your chances of success would be excellent.

    As a final note, there is some authority stating that if the parties have never been married, and paternity/support has not been established by a prior judgment or decree; then a natural mother is not bound to follow the procedures in 61.1003....but in an abundance of caution you should likely do so in these circumstances anyway.

    See question 
  • Is mediation required in contested Florida divorce?

    I'm attempting to have my case go to mediation. But, at case management today opposing counsel suggested we go straight to final hearing. But, I want to go through mediation. What are my options? I know, call a lawyer. Besides that please. Thank you.

    Joshua’s Answer

    Almost every family law judge in the state of Florida requires parties to attend a mediation prior to a contested final hearing. Unless your case has already resolved, or there are really no issues to discuss (property distribution, alimony, child timesharing and support or attorney's fees); mediation will likely be a pre-requisite to getting a trial date. In fact, in many cases Judges require mediation even where both sides acknowledge that it will be fruitless.

    With the said, if the other side is refusing to attend mediation you have two options. First, check the Court's trial order as mediation is likely ordered as a matter of course in which case you do not have to do anything (without it there will be no trial). Second, file a simple motion asking the Judge to send you to mediation...if you explain that there is at least a chance that the case will resolve; it is almost certain that you will win the motion.

    Hope this helps.

    See question 
  • How can I legally change the spelling of my first and add a middle name to my name/?

    My father wanted to name me a different name than the name I go by. My first name needs to be corrected and I want to add a middle name in order to have the name that my father wanted me to have (father is diseased now). I am an adult. How do I do...

    Joshua’s Answer

    The procedure to institute a name change in the state of Florida arises under Florida Statute 61.08. Generally speaking, if your name change is not connected with a pending divorce case you will need to: file a petition including biographical information; establish that you are a Florida resident; testify that you are not changing your name for any illicit purposes; and, submit your finger prints to the Florida Department of Law Enforcement.

    Although the Judge ultimately has the discretion to grant or deny your name change, in all likelihood, once you jump through these hoops your request will be granted.

    If you would like to discuss this matter in more detail, please feel free to contact me at your convenience.

    Joshua D. Ferraro
    Ferraro Law Group
    (772) 221-0600

    See question