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DUI
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Family Law Legal Answers

Family Law Legal Answers
Mediation is required.  The court is going to require it.  You may request the court schedule a Neutral Case Evaluation ("NCE") in lieu of mediation. An NCE is more effective as a sitting family law judge will provide his or her assessment in an effort to resolve the matter. Best wishes.... Read More
Mediation is required.  The court is going to require it.  You may request the court schedule a Neutral Case Evaluation ("NCE") in... Read More
effectsportal.net offers general information and not legal advice. If your husband has filed any formal proceedings with the Court, you must be served with a copy of what has been filed.  Due Process requires that you receive notice and an opportunity to be heard in court. If you have not received any documents from the Court, there is little you can do until you know what relief he is seeking from the court.  I suggest that you ask him what has been filed with the court and when you will receive a copy of the paperwork. Unfortunately, your questions cannot be answered in this forum.  I suggest that you confer with a lawyer in your area to discuss this matter in greater details.  Best of luck~... Read More
effectsportal.net offers general information and not legal advice. If your husband has filed any formal proceedings with the Court, you must be served with... Read More
As a preliminary matter, please note that effectsportal.net offers general information and not legal advice.  If you and your spouse are still living together as husband and wife, the court does not have jurisdiction or authority to address the issue.  The court only steps in when the statutory requirements for instituting a divorce have been met and the parties are seeking judicial intervention to resolve issues pending before the court.  Otherwise, courts would be overloaded with couples seeking advisory opinions in relationships that are not ripe for divorce.  Assuming that you are still living together and there is no intent to dissolve the marriage, you must resort to practical solutions to address your concern.  1) Speak with your spouse, and ask how he was able to remove all of the retirement assets without your signature? 2) Where is the money? 3) Did he roll it over to another retirement account, invest it, spend it, etc., If he provides a satisfactory response, hopefully, that will end the matter.  However, if he is evasive and does not address your concerns I suggest that you contact his employer. If the funds were improperly removed, his employer may be willing to share information with you to avoid any allegations that the terms of the plan were violated. Each company has a plan administrator or a comparable person who is responsible for administering retirement plans.  The administrator is responsible for ensuring that retirement withdrawals satisfy plan requirement and does not jeopardize the plan's tax status.  If your spouse has reached retirement age, ask whether your signature is required for withdrawals? If so, you may wish to share that you did not sign any documents and make a request for any documents that bear your signature.  Finally, if an investigation discloses fraud, forgery, or other criminal acts, this could lead to an investigation.  Unfortunately, your question cannot be answered in this forum without reviewing the retirement documents.  In order to protect your interest, you may wish to confer with an experienced family lawyer in your area for a confidential consultation.  Best of luck~... Read More
As a preliminary matter, please note that effectsportal.net offers general information and not legal advice.  If you and your spouse are still living... Read More
What are the ages of the two children (your step son and your daughter)? Assuming that your husband has placement of his step son, or visitation rights, I think it would be wise not to have the step son and your daughter together at the same time, at least until the investigation is completed to determine what, if anything happened between them. The answer to your question is yes; if the court has a concern that your daughter is at risk in your home because of the step son, the court would have the right to modify the placement schedule or restrict your placement with your daughter to periods of time and places where the child woould be protected and without the step son present.... Read More
What are the ages of the two children (your step son and your daughter)? Assuming that your husband has placement of his step son, or visitation... Read More
You can try to get a court order restricting contact between your daughter and your former's husband's GF. Your former husband doesn't have an absolute "right" to invite his GF to the parenting time. Regards, Edward Zohn, Attorney at Law, 908.791.0312  
You can try to get a court order restricting contact between your daughter and your former's husband's GF. Your former husband doesn't have an... Read More
Yes, you can have them stay with you but proper legal authority is advised since Father will be in jail and Mother is deceased. A POA is meant more for temporary situations and may not be the best, especially if an important medical, educational, or legal decision needs to be made. A guardianship or third party rights order may be more appropriate.   Please call if you would like an initial consult to discuss what may be more appropriate for your situation.  Depending on the complexity, we provide full representation or consultation only with document preparation.   Marie Splees Zawtocki... Read More
Yes, you can have them stay with you but proper legal authority is advised since Father will be in jail and Mother is deceased. A POA is meant more... Read More
Leave the state for vacation, or move out of the state?  It depends on what the current order states.  Does the current order prohibit the children leaving the state for vacation?   If you are talking about moving the children out of the state, and the current order does not give her permision to do so, you can file a Petition/Motion with the court to Enjoin the children leaving the state.  Speak to an attorney for more specific advice on your situation.... Read More
Leave the state for vacation, or move out of the state?  It depends on what the current order states.  Does the current order prohibit the... Read More

I remarried and moved out of state. Will I have to move back?

Answered 17 days ago by attorney Cindy S. Vova   |   1 Answer   |  Legal Mostics: Family Lawyer
  Dear Ms. Henderson:    If the court denied your relocation petition in 2013, and you did not go back and try again (because of a change in circumstances) then certainly the Court could make you return to Florida or, alternatively, give the majority timesharing to your ex husband.  The latter may be unlikely if his criminal conduct would be detrimental to your children.   Now, with that said, since it has already been three years, it is possible your ex will not file any court papers to have you return.  And, if he did, and the judge granted it, you could then refile to relocate.   Another matter in your favor ist that there is an argument that the Florida court lost jurisdiction over your children because they have been out of Florida for more than 6 months.  That would be the first matter i would raise if the ex filed to have the children returned and that may win the day.   And, as you know, the best defense is an offense.  So if the ex tries to do anything, the fact that he has not supported the children does not help his case.  Of course, that assume he knows where to send support because you moved, that could be a problem as well.     So if he does try and file to have the children returned, I do suggest you contact an attorney. There are many issues here, and competent legal counsel can assist in helping you stay where you are. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova Broward: 954-316-3496 Boca Raton: 561-962-2785 info@vovalaw.com    ... Read More
  Dear Ms. Henderson:    If the court denied your relocation petition in 2013, and you did not go back and try again (because of a... Read More
While no one can offer you any guarantees or promises, given the history of you have posted, I doubt that the mother would be allowed equal placement of the child. She may be afforded some type of limited visitation or placement, that could be court ordered supervised for the protection of the child. If there is an issue as to placement, the court willl appoint a guardian ad litem and make person revieweds to the court about her visitation. The GAL would interview both parties and if the child is age appropriate, the child(ren) as well. Custody refers to decision making. I assume you meant placement by your question posed. ... Read More
While no one can offer you any guarantees or promises, given the history of you have posted, I doubt that the mother would be allowed equal placement... Read More
Yes, a divorce judge can order the production of virtually any kind of documents; the test for relevance is anything that "might lead to the discovery of admissible evidence."  It's a pretty wide net.
Yes, a divorce judge can order the production of virtually any kind of documents; the test for relevance is anything that "might lead to the... Read More




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