The general legal standard is what is in the best interests of the child. As long as there are suitable sleeping arrangements that are age appropriate then the court will not get involved. Each parent has a right to live within their financial means and share time with their children. Speak with a... View More

This is essentially a family law question. As an estate planning attorney, however, I can confirm that if the home was not owned by you and your wife and it was purchased by and owned by her parents and then transferred into her parents' trust as part of their estate plan, the home would not... View More

If you believe that you and your spouse are both knowledgeable regarding the marital assets and debts held by the other and that you will be able to reach an agreement regarding the distribution of the same without litigation but with the help of a mediator, which the court will require anyway,... View More

Jacqueline Alicia Salcines Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2025

Sorry you are going through this and facing divorce. It sounds like it would be uncontested if you are able to reach an agreement regarding the house. Since its marital residence you are each entitled to half unless there is a prenuptial agreement or other document you didnt mention. Assuming... View More

The first step is to understand what your rights are as the spouse. Let's address the property division: are we talking about personal property/martial property (those items that were purchased during the marriage) or are we talking about real property (land, house, investment property)?... View More

You should begin by completing a settlement agreement, which outlines property division and spousal support arrangements. Regarding what you should be aware of, generally speaking, you need to know what constitutes your marital property. You will need a full disclosure of both of your properties... View More

You are only obligated to share as much information about your child's vacation as your parenting plan requires. If your plan specifies you must be “reasonably informed” of whereabouts, the general practice, like sharing dates, location, and contact info, is sufficient, unless your... View More

In Florida, if you wish to be legally married, you must obtain a marriage license from the local Clerk of Court—such as in Osceola County—and ensure that the officiant signs and returns it to the Clerk within 10 days of the ceremony. This step is not optional: it’s a legal requirement for the... View More

Veronica LaVerne Robinson Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2025

There is so much to consider before signing your share of the house to your Husband. If the house was purchased during the time of the marriage, then the house is marital property. If mortgage payments or other improvements were made to the home with marital funds, then the house is considered... View More

Before signing over your share of the house, it's important to understand the full legal and financial impact. Even if you’re not on the mortgage, being listed on the deed means you have a legal ownership interest—and in Florida, you likely also have a marital interest in the property,... View More

You have two distinct but connected issues here: (1) recovering your investment in the co-owned home despite the restraining order, and (2) potential IRS tax consequences related to the sale of the inherited property.

1. Recovering Your Investment in the Co-Owned Home (Florida)

Even... View More

If you co-own a home in Florida with your ex-girlfriend and contributed funds from the sale of an inherited property, you have several legal options to recover your investment—despite being barred from the property due to a restraining order.

Because your name is on the deed, you are... View More

You do not mention whether the father is listed on the birth certificate. If he is not then you are in full control. If he is listed then you can try to apply for the passports and explain that you cannot locate the father. Last resort, you can apply to the court for a court order. It would be a... View More

In Florida, introducing a new romantic partner to children under a 50/50 custody arrangement is not prohibited unless there is evidence that the partner’s presence is harmful or not in the children’s best interests. Courts require a substantial and material change in circumstances to modify a... View More

Your wife's ability to seek custody depends largely on the timing and status of the adoption.

If the adoption is finalized before your divorce, then both you and your wife will be legal parents of the child—regardless of biological connection. In that case, the family court would... View More

Under Florida law, if the parents are unmarried and paternity has not been established, the mother is considered the natural guardian of the child and is entitled to primary residential care and custody unless a court rules otherwise. The father would not be able to legally take the child from you... View More

You have to return to court to enforce the current timesharing as defined in the court order. Neither parent can arbitrarily change the schedule. Speak with a local family lawyer for more specific advice.

William T. Harmon Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2025

Your husband could face arrest and criminal prosecution for not paying taxes for 10 years as a 1099 employee if the IRS determines his failure was willful and egregious. However, if he voluntarily files his returns and works with the IRS to resolve his liabilities before being notified of a... View More

You’ve raised several important issues, and I’ll address them in parts:

1. Returning to Argentina and Immigration Status:

If your spouse withdraws the petition supporting your U.S. residency while you are outside the country, it could jeopardize your pending adjustment of... View More

To speak along with my esteemed colleague, you have to be able to make a show that bullying occurred prior to any filings. When our firm handles bullying matters, we start there. However, since there is a truancy matter, as stated, all things need to be addressed simultaneously. If you have not... View More