Sample No. 1

Question:  I have two children from a previous marriage.  The children’s biological father is not in communication with the children and have not been involved in the children’s lives for the past 4 years.  The children are now 7 and 10.   My current husband wants to adopt my two children.  Can my husband file for adoption without letting my ex-husband/biological father know? 

Answer:  Generally, in order for your husband to adopt your children, written consent will be required by the biological father of the children.  If you do not know where the biological father of the children is, you will have to conduct a diligent search.  Your county court should have the forms and procedures on how to conduct a diligent search.  If the biological father's location remains unknown after a diligent search and a search of the Florida Putative Father Registry fails to reveal a match then you can petition for termination of parental rights for the court to declare that the diligent search is in compliance with Florida Law and for the court to declare that there is no further obligation to provide notice to such father and his consent will not be required. 

Sample No. 2

Question:  My 20 year old daughter purchased a new car four months ago and is now behind on car payments.  Can she return the car?  I believe the dealer did not do a credit check and should not have sold the car to my daughter as she is a student.

Answer:  Unfortunately, your daughter is stuck with the car.  Once your daughter signed the contract, the car generally cannot be returned.  The dealership is not obligated to do a credit check when it sold your daughter the car.  If your daughter cannot make the payments, the car may be repossessed.  If that happens, the car will be auctioned off.  If it is sold for less than the amount your daughter still owes on the car, the lender may bring a deficiency suit against her.  Prior to repossession look at contract and determine if acceleration of loan is in the contract.  You may be able to negotiate a buyout of this purchase agreement but it is doubtful that the dealership will accept the return of the car and a cancellation of the contract.  Or after repossession but prior to the auction, you can help your daughter redeem (pay off loan in full) the car.