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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How do divorcing parents typically divide up who claims kids on taxes?

Question: How do divorcing parents typically divide up who claims kids on taxes?

Answer:

There is no specific rule on how the child tax credits are dictated. This depends heavily on the circumstances and any agreements the parents might have. Typically it is by agreement. If the parties cannot agree, then the issue would be submitted to the Court and the Court could order that each party claim 1 child every year, and the youngest rotates. It can be argued that the IRS provisions are that a child can only be claimed if you have had custody of them for more than 50% of the year.

Attorney Erin E. Morse

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Can funds be legally withdrawn from a joint account after divorce?

Question: Can funds be legally withdrawn from a joint account after divorce?

Answer:

The most important part of this inquiry is what your Final Judgment or Marital Settlement Agreement says about this account in particular. It would be best to review those two documents to figure out exactly what should have happened with this account and who it was distributed to, once you have that answer whether or not these funds can be removed will depend on who got the account in the divorce. Because this should have been dealt with in the divorce, and is a part of equitable distribution. Generally, equitable distribution can’t be modified.

Attorney Erin E. Morse

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