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Q&A Library
How Can a Mother Name a Grandparent as Guardian of Her Child if She Dies?
QUESTION: A mother wants to make sure that, if she becomes incapacitated or dies, her child would be cared for by the child’s maternal grandmother rather than the father’s mother. The child’s father is not listed on the birth certificate, and paternity has not been legally established. What estate-planning or guardianship documents can the mother prepare in Florida to nominate the maternal grandmother as the child’s guardian, and would that nomination prevent the paternal gra
Kaylin M.M. Bosque, Esq.
Sep 231 min read
Can I Be Released from My Lease Due to Safety Concerns?
QUESTION: I am seeking information about my rights and options for being released from a residential lease. I have asked my landlord several times to sign a lease-release agreement, but I have not received a response. My financial circumstances have changed significantly: I am currently unemployed, unable to keep up with my bills, and supporting three children. In addition, I am experiencing serious safety concerns involving a family member who has made threats of physical vi
Kaylin M.M. Bosque, Esq.
Sep 202 min read
How Can I Obtain a Copy of My Deceased Parents’ Will if My Siblings Will Not Share It?
QUESTION: Both of my parents have passed away, and I believe they left a will. My siblings may have possession of the original will, but they will not allow me to review it or provide me with a copy. What steps can I take to find out whether the will has been filed with the probate court and obtain a copy? If a sibling has the original will but refuses to file or produce it, what legal options may be available to require that person to deposit the will with the court? ANSWER
Kaylin M.M. Bosque, Esq.
Sep 202 min read
What Are My Options if a Neighbor Refuses to Grant an Easement for an Existing Encroachment?
QUESTION: I am considering purchasing a home that was built decades ago and may partially encroach onto an adjoining property. The neighboring property owners have owned their property for many years and appear to have known about the encroachment since 1997, but they are unwilling to sign an easement agreement. Before proceeding with the purchase, what legal options should I consider to address the encroachment? Could the neighboring owners take legal action against me after
Kaylin M.M. Bosque, Esq.
Sep 201 min read
Will a Name Discrepancy Between My Marriage Certificate and Prior Divorce Decree Affect My Divorce?
QUESTION: I was previously married and adopted my former spouse’s last name. After that divorce, I continued using that married last name. I later remarried, but my second marriage certificate lists my maiden name rather than the last name I was using at the time. I am now seeking a divorce from my second spouse. The court documents request the name shown on the marriage certificate, which differs from the name reflected in my prior divorce records. Could this discrepancy cre
Kaylin M.M. Bosque, Esq.
Sep 202 min read
Can an Easement of Necessity Be Terminated if the Benefited Property Has Other Road Access?
QUESTION: My family owns property in Florida that was originally part of a larger tract divided many years ago. An access easement was created or claimed across our property for the benefit of a rear parcel. However, the easement route has reportedly not been used for decades and has recently been enclosed by fencing. The owner of the rear parcel also owns an adjacent parcel that has access to a public road. That owner is now asserting a right to use an easement of necessity
Kaylin M.M. Bosque, Esq.
Sep 202 min read
Can Unpaid Child Support Delay a Court-Ordered Reunification Process in Florida?
QUESTION: A mother is involved in an ongoing Florida timesharing and custody case. The father is approximately $2,000 behind on court-ordered child support. The case has reached the stage where reunification services may begin within the next month. Can the unpaid child-support arrears delay, postpone, or otherwise affect the court-ordered reunification process? ANSWER: In general, a $2,000 child-support arrears balance does not by itself delay or prevent court-ordered reuni
Kaylin M.M. Bosque, Esq.
Sep 201 min read
Is a Florida Landlord Required to Repair the Air Conditioning if the Lease Requires It?
QUESTION: I rent a home in Florida, and the air-conditioning system stopped working approximately two weeks ago. My lease states that the landlord is responsible for maintaining the air conditioning. I notified the landlord in writing and by text message, but the landlord has not completed the repair and continues to say it will be addressed later. The home has become extremely hot, and a young child lives in the residence. What responsibilities does the landlord have under t
Kaylin M.M. Bosque, Esq.
Sep 151 min read
Can a Parent Move Children Out of Florida Without the Other Parent’s Permission?
QUESTION: I am the father of children who currently live with their mother in Fort Lauderdale. We separated approximately eight months ago, but we have not filed a court case or obtained a custody, timesharing, or parenting-plan order. The children have remained primarily with their mother. The mother has told me that she plans to move with the children to Georgia next month. Can she legally relocate the children out of Florida without my consent when there is no existing cou
Kaylin M.M. Bosque, Esq.
Sep 151 min read
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