What happens to a temporary parenting plan signed by both parties after a divorce petition is withdrawn?

Question: What happens to a temporary parenting plan signed by both parties after a divorce petition is withdrawn?

Answer:

There are some legal hurdles to this and not necessarily a simple answer. But, this agreement could be presented in a subsequent Divorce if you want to present it. However, under the relevant statute the Court is obligated to review all Parenting Plans to ensure they are in the best interests of a minor child. For this reason, if the other party asks the Court for an evidentiary hearing, and they ask for it properly, you may have some issues that go before the court and that this Parenting Plan could change.

Attorney Ern E. Morse

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Can I enroll my child in a different school without her father consenting to it?

Q: Can I enroll my child in a different school without her father consenting to it?

A: If you are not married and there is no parenting plan. You have the ability to make this choice for your child. If you do have a parenting plan, you should review your parenting pal for guidance. However, if you are married, this is different. If you and your husband do not have a divorce, there are no legal barriers to you for enrolling the children in the school of your choice. You and your husband have full custody of your children. It could be a shared parenting issue or factor in the event of a divorce, if one is not yet pending the only concern you will have is if they were to raise this lack of shared parenting with the court. But, since your children need to be enrolled somewhere in school, you probably need to simply enroll them.

Attorney E. Morse

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How can I get my ex husband to pay me for my attorneys fees which he was ordered to pay?

Question: How can I get my ex husband to pay me for my attorneys fees which he was ordered to pay?

 

Answer:

There are a number of ways you could handle this. You could file a motion for contempt and, probably not on the first motion, but in subsequent motions you could ask for a writ of bodily attachment meaning he would get arrested. You could ask that the court convert it to a judgment and move it to judgment collecting proceedings and seek out collections in that way.

Attorney Erin E. Morse

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Can I move out of state with my children without my husband if we are separated ?

Question: Can I move out of state with my children without my husband if we are separated ?

Answer: IF you are to move out of state and there is no pending divorce or other custody case, you can move. However, you must inform your Husband and tell him where his children are. Because the children were born during the marriage, you both have custody of the children until there is a Court Order which states otherwise.

Attorney Erin E. Morse

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My ex-husband refuses to put the vehicle he was awarded from our divorce in his name?

Question: My ex-husband refuses to put the vehicle he was awarded from our divorce in his name?

Answer:

The best thing to do in this scenario would be to file a motion for enforcement requiring that either the vehicle be sold or the title be transferred.

Attorney E. Morse

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What to do if my kid doesn’t want to do overnight visits or phone calls with the other parent?

Question: What to do if my kid doesn’t want to do overnight visits or phone calls with the other parent?

Answer:

The advice to this situation depends heavily on whether or not you have a Court order directing timesharing, as you do not want to be in violation of a Court Order. But if it remains to be an issue you can ask the Court to modify the timesharing and share the issues. You can ask that your child and their parent to attend reunification therapy in order to determine the best mode for reunification and to allow your child some say and a safe space to discuss their concerns directly with the other parent. If the issues are really egregious, a more aggressive approach can be taken in asking for a Guardian ad Litem to advocate for the child or for a Social Investigation if you believe one is necessary.

Attorney Erin E. Morse

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Can I change my children’s last names to be hyphenated during divorce?

Question: Can I change my children’s last names to be hyphenated during divorce? Answer: You could ask for this relief in the Divorce. It would be the Court who would make a best interest analysis if this is in the best interest of the minor children. It happens frequently in Paternity cases if the child […]

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Is marriage legal if the license was never turned in in Florida?

Question: Is marriage legal if the license was never turned in in Florida?

Answer:

The answer to this question could depend on a number of things. The failure of a party to mail in the marriage license in Florida will not relieve them of obligations pursuant to a Divorce for things like Parental Responsibility, Child Support, Equitable Distribution and Alimony. Legally, the marriage was never recorded and is not valid in the eyes of the state. That does not entirely avoid the prospect of a divorce needing to occur or some other cause of action if there are issues to be dealt with in the eyes of the law. Of course, relying on the failure of the document to have been returned to the Courthouse isn’t ideal, because it was the obligation of the officiant who performed your ceremony to return the document. So, if you are relying on this fact be sure to confirm that the person who performed your marriage ceremony did not actually mail it in.

Attorney Erin E. Morse

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Can my custody change just because I work night shift?

Question: Can my custody be changed just because I now work night shift?

Answer:

Your former spouse could request a Modification based on these circumstances. Of Course it would depend on a lot of factors. But, generally, the Courts would prefer that the minor children spend their time with their parents before spending time with a 3rd party, no matter who they are. This may also depend if you are violating any right of first refusal provisions that are in your Parenting Plan.

Attorney Erin E. Morse

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Do Grandparents Have legal Rights?

Question: Do Grandparents Have legal Rights?

Answer:

Grandparents do not have legal rights to know where their grandchildren are, how they are doing, or anything of the like. Unfortunately, the Mother of your grandson has all of the decision making on who will be around and have information on your grandchild. If you truly are worried about the safety of your grandson, you should call the Florida Department of Children and Families. However, DCF is not required to give you any information either. You could call and do a wellness check with the local police department, they will advise you if the people for whom you’ve called are okay, but their information will also be limited on what they can share. I’m sorry you’re going through this, and I wish you the best of luck in trying to reconnect with your grandson.

Attorney Erin E. Morse

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