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Questions Answered by Rand Scott Lieber
1 Answer | Asked in Child Custody and Family Law for Florida on
Q: How to respond to parenting plan change request after moving without court notification?

I have been served papers for a change in our parenting plan in Marion County. I have recently moved, but I continue to follow the current plan and spend time with my daughter. The mother has requested changes due to my move and other unspecified reasons. What should be my response to the requested... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 8, 2025

You should respond to the allegations with reasons why you oppose the changes requested. You are allowed to move so long as it does not disrupt the child's schedule or schooling. Your only legal obligation is to notify the other parent when you move of your new address. Speak with a local... View More

1 Answer | Asked in Divorce, Family Law, Contracts and Real Estate Law for Florida on
Q: Could my husband claim equity in a condo he quitclaim deeds to me if we divorce?

I am a married woman living in a condo in Daytona, FL, which my husband bought before our 1.33-year marriage; he is the sole owner on the deed. We have no prenups or postnups, and the condo is homesteaded with no liens. He wants to sell it to me, and I've been contributing to expenses.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 6, 2025

To properly protect yourself you would also want a postnuptial agreement making it clear that the property moving forward would be your non-marital asset. Otherwise, if the two of you continue to live in the property together as time passes he may acquire an interest in the equity by virtue of the... View More

3 Answers | Asked in Child Custody, Child Support, Family Law and Military Law for Florida on
Q: How do I transfer a child custody and support case from Colorado to Florida?

My ex-husband has requested to relinquish his parental rights, and our case originates in Colorado. However, Colorado has stated they no longer have jurisdiction since neither my daughter nor I reside there. This change is due to my military assignment. There is an existing custody and child... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 1, 2025

If you are in the process of Florida adopting the child support order then you are already doing what you need to. A parent cannot simply relinquish their rights to a child. The father will be responsible for child support until the child turns 18. Speak with a local family lawyer for more specific... View More

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3 Answers | Asked in Divorce, Child Support and Family Law for Florida on
Q: Am I entitled to support from my wife if she wants a divorce?

I am disabled with no income or money. My wife, who has been the breadwinner for over 10 years, wants a divorce. We've been married for 28 years and have no prenuptial or postnuptial agreements. Am I entitled to any support from her?

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 26, 2025

The legal standard for spousal support is financial need and ability to pay. You can definitely ask for spousal support. 28 years is a long term marriage. A support award will be based on how much each party earns, or can earn. Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Can I start a custody petition in Florida after moving from California, with kids attending school here?

I was divorced in California, where we only had a temporary custody arrangement. I moved to Florida 3 years ago, and the mother of my children moved here 5-6 years ago. We have been sharing custody informally in Florida, with my oldest attending school for 5 years here. The mother now wants to move... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 23, 2025

Yes. Fiie a modification together with the California order. Be sure to file before she moves. As long as the children have lived in Florida for the past six months, the court in Florida has jurisdiction to decide what happens. Speak with a local family law attorney for more specific advice.

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2 Answers | Asked in Divorce, Domestic Violence, Employment Law and Family Law for Florida on
Q: How can I get a divorce and seek support in Florida due to emotional and verbal abuse?

I want to divorce my husband, and I've been married to him for nearly six years. I have never worked, and he has been in charge of everything financially. We don't have any children or shared property. I am seeking alimony and assistance to move out of state. My husband has alcohol... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 23, 2025

Go consult with a local family lawyer that offers a free consultation. You may be able to seek support for a short amount of time but in a six year marriage you are going to be expected to support yourself. Spousal support is based on your financial need and his financial ability to pay. Speak with... View More

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2 Answers | Asked in Divorce, Contracts and Family Law for Florida on
Q: Can a divorce settlement include a clause preventing new partners from living in a house for sale?

In a mutual agreement divorce in which both parties have agreed on all terms and the only asset is a house listed for sale, can we include a clause in the divorce settlement that prevents either party from bringing a new partner to live in the house until the sale is finalized, even if the parties... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 21, 2025

You can IF you both agree to this provision. In reality, you will find that a clause like this is difficult to enforce. What if someone spends the night, or two nights, is that a violation? Speak with a local family lawyer for more specific advice.

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2 Answers | Asked in Family Law and Business Law for Florida on
Q: Is a Florida marriage license valid if not notarized and not recorded?

I obtained a Florida marriage license at the Clerk's Office on 09/21/22, which both my partner and I signed. We had a symbolic wedding abroad, but the marriage license was not notarized or signed by the wedding officiant and was never sent back to the court to be recorded. We have a joint... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 15, 2025

Obtaining a license by itself does not mean that you are married. Florida, like most states, does not recognize common law marriage so how you have lived and the joint bank account are not important. You could do an online search of the clerk who issued the marriage license to see if there is a... View More

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4 Answers | Asked in Child Support and Family Law for Florida on
Q: Should I send my high-conflict ex medical bills for counseling co-pay despite potential conflict?

My child's father is court-ordered to pay child support and cover our child for medical expenses. I am responsible for the co-payment and must send the bills to him for reimbursement according to the court-ordered percentage. My child, who is 9, has recently started attending counseling, which... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 14, 2025

Send the bills. First, it is your responsibility through shared parental responsibility to keep the other parent informed about medical issues (which includes therapy). The law is that you do not need the other parent's permission to send the child to therapy so he cannot block it. Worst case,... View More

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2 Answers | Asked in Divorce, Family Law and Contracts for Florida on
Q: Ex-wife did not file QDRO for pension. What action needed?

My ex-wife was responsible for filing a QDRO with the Florida Retirement System for her share of my pension, as specified in our divorce finalized on April 29, 2004. Despite reminding her in October 2024, she has yet to file it. I'm unsure if there was a deadline for this task. There have been... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 9, 2025

If the court order is clear that it is her obligation to prepare the QDRO then you do not have to do anything. Your only obligation is to cooperate if and when she contacts you. Speak with a local family lawyer for more specific advice.

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3 Answers | Asked in Domestic Violence, Divorce and Family Law for Florida on
Q: What steps for confronting cheating husband safely and legal protection?

I recently discovered that my husband is cheating on me. I have not confronted him about it yet, and I'm concerned about my physical safety if I do. We haven't discussed divorce, but I have substantial evidence of his infidelity. I have family support at the moment. What steps can I take... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 7, 2025

Your only legal recourse regarding infidelity is to recover half of any money that is spent on the affair. You first need to decide if you will pursue a divorce or not. If yes, go see a local family attorney. If no, go see a local therapist who can help you, or both of you, moving forward. Speak... View More

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2 Answers | Asked in Criminal Law and Family Law for Florida on
Q: Can a 21-year-old face legal issues if girlfriend has a baby at 18?

If I get pregnant at 17 and have the baby at 18, can my 21-year-old boyfriend face legal consequences? He will be 22 when the baby is born. We have parental consent for our relationship and live in Florida. I am concerned about potential legal issues due to the age gap of over 4 years at the time... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 4, 2025

You are actually asking a criminal law question. If your parents are on board and no one is taking the matter to the police or the State Attorneys Office then no one is going to prosecute just because he signs the birth certificate. Speak with a local criminal defense lawyer for more specific... View More

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2 Answers | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Florida on
Q: How can I file for full custody in Florida when child's father is absent and neglectful?

I have been the primary caregiver for my child, with her father having had no contact for 5 months and neglecting child support for 1 year and 5 months. My daughter solely lives with me, and our current understanding is that I have full custody, although there are no formal court orders in place.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 1, 2025

You do not say if you are married or not. If you are unmarried and have never been to court for paternity then you can basically do whatever you like. If the father opposes anything then he would have to go to court. If you are married it is a similar situation. Speak with a local family lawyer for... View More

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4 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 26, 2025

Since you are married, it would be better to file a divorce case so that you have the court to back you up. Currently, by virtue of being married, you both have a right to the property so there is no legal basis to put him out or remove his belongings. Speak with a local family lawyer for more... View More

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2 Answers | Asked in Child Custody and Civil Litigation for Florida on
Q: Clarification on jurisdiction in timesharing case after SWAT raid.

I filed an Emergency Motion to Stop Timesharing due to concerns about my children's safety, as their father's house was raided by Lake County SWAT and he has been using drugs. The court's order mentions that I failed to state a cause of action for jurisdiction to modify timesharing,... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 24, 2025

Is there a current order on timesharing? If yes, what court issued that order? That is where you would need to file your motion to modify the current court order based on the "best interests of the child." If you have never been to court or if there is no court order then you need to file... View More

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5 Answers | Asked in Divorce, Family Law and Real Estate Law for Florida on
Q: Am I entitled to half the proceeds from a house bought during marriage if not on the deed?

I am still legally married but have been separated from my husband for 4 years. We have not signed any agreements regarding our house, which was purchased during our marriage. I am not on the deed, and I plan to file for divorce this year. I need to know if I am entitled to receive half of the... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 18, 2025

The answer to your question is not that simple. In a divorce the starting point for division of property is 50/50. However, there are many factors that can change that. For example, since you have been separated for four years I am assuming that you have not paid anything towards the house for the... View More

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2 Answers | Asked in Divorce, Child Support and Tax Law for Florida on
Q: Can I refuse to sign Form 8332 and claim both kids as custodial parent?

I am in Florida and got divorced in 2019. My ex-husband and I have two children, and I have them 80% of the time since he lives in a different city from where they attend school. Our divorce agreement allows him to claim one child on his taxes. He recently hired a CPA who requires me to sign Form... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 18, 2025

If your agreement says that he can claim one child then you should just sign the form. You will lose this issue in court. You will create even more trouble if you claim both children on your taxes. If you want to change things based on new circumstances then you must return to court on a... View More

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2 Answers | Asked in Landlord - Tenant and Family Law for Florida on
Q: How can I remove my name from an unaffordable lease and solve my brother's living situation?

I'm 18 years old and unintentionally signed a lease under pressure from my mother, which starts on March 28th. I cannot afford it, and now I'm seeking to remove my name from it swiftly. The landlord is aware, and I've considered legal advice. My mother insists that my 16-year-old... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 17, 2025

You are asking two separate questions, legally.

You have no legal responsibility to house your younger brother.

Regarding the lease, tell the landlord that you are canceling. Do not take possession of the property. You may lose any deposit that may have been made. Speak with a local...
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1 Answer | Asked in Child Custody and Arbitration / Mediation Law for Florida on
Q: How to address ex planning to move away with our child under a 50/50 custody plan?

I have a parenting plan with my ex where we share 50/50 custody. My ex recently informed me that he plans to move 3-4 hours away with our child, and I'm not comfortable with that decision. Our parenting plan doesn't mention relocation. What steps can I take legally to address this... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 13, 2025

There is a law that prohibits relocation more than 50 miles, Statute 61.13001

Here is the link:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13001.html

Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Family Law for Florida on
Q: Can fiancé's ex-wife prevent my mom from babysitting in FL based on cursing?

My fiancé's ex-wife is threatening that my mother should not be around my son because she cursed at the ex, even though my mother never curses around my son or directs anything harmful towards him. There are no legal orders or custody agreements relevant to this issue. My mother babysits my... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

Probably not. There is definitely no law that says that. There would have to be a motion filed with the court and proof brought forward at a hearing to show that your mother babysitting is not in the best interests of the child. Speak with a local family lawyer for more specific advice.

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