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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My son has lived with me months now. He will be getting

Customer Question

My son has lived with me for 7 months now. He will be getting emancipated next month. He's 17 1/2. The reason for the emancipation is to stop his mother from continually suing me in FL courts, which is where our parenting plan was established. She agreed to him moving here, and backed out last minute but the child refused to return. Mom filed a motion for contempt & refuses to settle anything, despite my offering her no child support, just change custody & move on. She continual a sets hearing after hearing. I want to use his emancipation to stop her frivously suing me through FL. What should I file to have the case dismissed in Florida based on his emancipation and her complete abandonment? She refuses to financially support him or split the cost (current court ordered) of his sports.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.Are you saying he will be turning 18 soon? And you want to end your child support obligation?
Customer: replied 1 year ago.
No. I do not have a child support obligation. He resides with me. I want to end his mother torturing me through the FL courts for absolutely no purpose other than tormenting me. She owes me support, and I'm giving that up. How do I stop her once he's emancipated?
Expert:  Samuel II replied 1 year ago.
HelloThank you. I suggest that you can write her a letter to cease and desist any and all contact directly or via third parties.You can simply consider the followingDearThis is NOTICE that you must immediately cease and desist any and all contact directly or via third parties. If you fail to adhere to this Notice to Cease and Desist, and continue your annoying and harassing behavior, I will have no other option but to file for criminal harassment charges and a restraining order. As of WHATEVER date, our son NAME will be 18 and legally emancipated and considered an adult. Therefore, there will be no just reason or cause for you to continue contacting me in any regard.Sign it and mail it certified with a return receipt requested. That way, if she continues, you can then file the charges as appropriate with proof you put her on Notice and she received the letter.
Customer: replied 1 year ago.
That's a great idea, but im actually going to file a protection order this AM. She's certifiable. What I need to know is what to file with the FL courts so that her Motion for Contempt will be null & void. The child is 18, and she has abandoned him by refusing to financially support him in any way. She also said on record that she doesn't want him back. How can I be held in contempt for an order she won't allow me to comply with? I am disabled & my attorney withdrew because I can't pay him. I need to know how to use the emancipation & protection order to shut down her BS in Florida.
Expert:  Samuel II replied 1 year ago.
HelloThank you. I suggest that if there is a contempt proceeding pending that you can file a Motion to Dismiss based on the child obtaining age of Majority. However the court may not dismiss a pending matter because the contempt occurred while still a minor. But you can try. If the court will not dismiss it, then you will need to appear and show cause why you should not be held in contempt.
Customer: replied 1 year ago.
Just try the motion to dismiss with the age of majority & the fact that we have a protection order & hope for the best?
Expert:  Samuel II replied 1 year ago.
HelloYes. That is what I suggest you will need to do. The worst that can happen is the court does not dismiss and then you need to appear in court on the date specified to Show Cause why You should not be held in Contempt.
Expert:  Samuel II replied 1 year ago.
In the meantime, consider the letter for her to cease and desist further contact
Customer: replied 1 year ago.
Thank you!
Expert:  Samuel II replied 1 year ago.
You're welcome. Thanking you in advance for a positive rating and good luck to you and your son.