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Elizabeth Jones

Elizabeth Jones’s Answers

1,424 total


  • Am I allowed to pick my son up from school?

    Do i have the right to pick my child up from school? My son has lived with me his whole lifr (hes 8) but a few months ago i moved back the the state where my sons father lives and allowed him to enroll him because it was a better school. We've nev...

    Elizabeth’s Answer

    With no Court Order one way or the other, you may pick up your son. But in order to avoid unpleasantness, I recommend that you get a Court Order that clarifies each parent's rights and responsibilities.

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  • Can the Judge change an Order re Visitation after seeing an Opposition to my response to visitation after the hearing?

    I went to a hearing re: Child Support and Visitation. The Respondent filed an Opposition to my Response 1 day before the hearing. The Respondent told the Judge she filed an Opposition. However, an Order was given by the Judge, and I received th...

    Elizabeth’s Answer

    The late filed document would not be considered after the hearing. For the Court to consider it, there would need to be a new RFO.

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  • Arrears/college

    My daughter received a partial scholarship and financial aid. She graduates high school this week and next month she is off to college! I have a court date in July to set up payments for $30k in arrears. My ex wife still wants to me to pay for bot...

    Elizabeth’s Answer

    I think it is one of the holes in the family code that does not provide for parents to support children during college. But since the code is what it is, no Court can order you to pay for college. So get started on the arrears and they can be used to help your child in college.

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  • How do I make an address change on my divorce papers with child custody that have been filed and divorce process has started.

    Hello, I was served with divorce papers in Feb. and went to two mediation and saw a judge in April. We settled the divorce issue and will be finalized in Aug. My address that was on all documents and address where my daughters would be at when the...

    Elizabeth’s Answer

    The Notice of Change of Address needs to be filed right away. It is important that the court knows that ou are compliant with the rules. Good luck

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  • Order of contempt or motion to clarify?

    My ex and I went before a judge last month and the judge admonished my ex for not following our Marital Settlement Agreement regarding visitation. Since that time she has continued to violate our custody agreement because she thinks the agreement...

    Elizabeth’s Answer

    I agree with my colleagues. An RFO for clarification of the Judgment is the way to go. Once that occurs, your problem should be solved. If you ex continues down the same path after that, you may file contempt charges, but the court doesn't like them. But in a pinch it may have to be done to get her attention.

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  • After someone's parental rights are terminated, that means they legally have no claim to the child and no say in seeing them?

    I recently terminated the rights of my daughters father. He wasn't on the birth certificate or anything, so now he or his family legally can't try to make me allow him to see her right?

    Elizabeth’s Answer

    Yes. Termination means termination. So he has absolutely no rights nor responsibilities toward the child. Unfortunately for his family that termination extends to them also.

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  • Will I be able to request rights are removed from the birth father if he's been unavailable for 8 yrs - yet paid child support?

    Absent father for 7 yrs 6 months (Thanksgiving 2008 to Present). Court order issued 9/8/08 to pay child support, but did not start paying until January 2010. I received 2 packets from CSSD last week requesting Child Support is reviewed (FL150, ...

    Elizabeth’s Answer

    As long as birth father is paying support the Court probably ill not terminate rights. However, the birth father might agree to terminate his rights knowing that he is off the hook for support. In that instance, the Court would probably agree to terminate his rights and allow your husband to adopt.

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  • At what ages can children stop following court orders made by the court?

    If my son turns 18 in November do we have to follow the court orders anymore even though he is a senior in high school?

    Elizabeth’s Answer

    I agree with my colleagues. Reread your Judgment. Most Judgments have language that covers the occurance of a child turning 18 and out of High school or 19 years of age whichever occurs first. But that language is for the termination of Child Support. As for visitation, the Court will not force an 18 who is legally an adult to visit with a parent.

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  • Should I ask the court/judge to speak to my 11 year old child to testify as part of a restraining order against my spouse?

    I currently have a temp restraining order against my spouse and had her removed from home. CPS also paid her a visit and has a report against her but hasn't finalized the investigation. She filed for divorce after the restraining order. I'm curre...

    Elizabeth’s Answer

    I agree with my colleague. it is important to advise the Court that the violence occurred in the presence of the child which will go t having the child as a protected person on the Restraining Order. And if necessary you can tell the Court that the child can be made available if the Court wishes.

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  • Ex parte application in divorce

    In the ex parte application, do I have to say petitioner did this or petitioner is requesting this or can I say I did this and I am requesting this order?

    Elizabeth’s Answer

    I agree with my colleague's answer. Remember that you are trying to make it as easy as possible for the Judge to keep it straight as who person who is doing the writing and what that person is requesting.

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