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Family Law
Can the judge restrict someone from filing motions? Yes, but courts generally do not have authority to restrict a litigant’s access to the courts unless the litigant is abusing the legal process. See Sec. 68.093, Fla. Stat. 2008 Florida’s Vexatious Litigant Law. Cases have held that this vexatious litigant law is constitutional and remedies problems...
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Magistrate can reject testimony regarding income – Can he do that? A magistrate has to be considered like a judge, with ability and power to make findings of fact. In plain English, the magistrate determines what the facts are (what happened) and then applies the facts to the law and makes a recommendation to the...
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When is work product protected? What is work product? When is work product protected? What is work product? When papers, information i.e.: things are created or investigated for the attorney, in furtherance of the pending case, (or part of an investigation for a case to be filed, as are considered to be work product privileged....
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Are all my communications going to be reviewed by the court? Are all my communications going to be reviewed by the court? The basic standard is to expect all communications to be reviewed by the Court. If you do not want the Court to read what you are writing, it will have to be either...
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Can I sue the other parent for intentional infliction of emotional distress for taking the child? Can I sue the other parent for intentional infliction of emotional distress for taking the child?  i.e.: out of the state. Yes, you can sue for emotional distress-but it is a difficult cause of action: If the elements are...
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What if other parent takes child out of the state, without the other parent knowing where they went to? What if other parent takes the child out of the state, without the other parent knowing where they went to? There are protections in the form of the Parental Kidnaping and Prevention Act, and the Uniform...
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What if other parent’s conduct is so bad – get a restraining order or is supervised time-sharing required first? What if things are so bad – do I have the right to get a restraining order, immediately? You cannot just seek a restraining order-against the other parent-claiming they should not have contact with the child....
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What is the standard for Child custody awards? What is the standard for Child custody awards that are Temporary custody to maternal grandparents: must apply clear and convincing standard required. (best interests standard IS incorrect standard) Child Custody Lawyer The Court must use the applicable clear and convincing standard, when the court reviews evidence pursuant...
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Purpose of the UCCJEA – Home State The UCCJEA – is based upon the home state – where the children were residing for 6 months prior to the filing of the petition. Purpose of the UCCJEA: to avoid jurisdictional competition and conflict with courts of other states in matters of child custody.” Section 61.502 (1)....
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Wrongful Conduct of the Custodial Parent A recent case worth reading about…. JOAN B. GINNELL, Appellant, v. BRIAN ROBERT PACETTI, II, 35 Fla. L. Weekly D504a Dissolution of marriage — Modification — Time-sharing plan — Contempt — Trial court properly entered order holding former wife in contempt for violating order on time-sharing and modifying time-sharing...
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