DeWitt Law Firm - December 2020

THIS MONTH ON THE 'D e W itt L aw R eview '

The “DeWitt Law Review" airs every Sunday at 10 a.m. on 107.3 FM and 580 AMWDBO. It is always our goal to bring the listeners of Central Florida the latest legal news and create a forum where they can ask legal questions anonymously from the comfort of their own home without having to retain an attorney. To listen to this month’s episodes or any episode the “DeWitt Law Review,” you can visit our website at dewittlaw.com, where you can download the podcast from Apple Podcasts or Spotify. We receive many legal questions from our listeners each month, and we wanted to share some of the interesting ones in hopes that they may also benefit others facing similar legal issues. If you would like to ask a question, give us a call and leave a voicemail at 407-536-6737. You can also text questions to that number or email ask@dewittlaw.com Q: The mother of my children has a felony child abuse charge against her. Should I file for paternity now or wait until the mother of my child is convicted? A: Assuming you and the mother were never married, and paternity has not previously been established, you should start the action as soon as possible because you will not have any rights related to the children until you are legally found to be the father. In Florida, until paternity is legally adjudicated, the father typically has no legal rights to the child.

WITH NO SNOW AT ALL CREATING THE PERFECT SNOWBALL FIGHT

An old-fashioned snowball fight is the epitome of winter activities. But if snowfall is lacking or it’s just too cold to venture outside and hurl freezing balls of ice at each other, don’t let it dampen your spirits. You can create and orchestrate your own indoor, snow-free, and entirely safe snowball fight. MAKE YOUR SNOWBALLS While craft stores sell large white cotton puffs that look like snowballs, they’re too light to get any good velocity behind them. Instead, make your own “snowballs” with just a few materials in four easy steps: 1. You’ll need a pair of scissors, several pairs of cheap white nylon stockings (one pair can make about 10 snowballs), and a bag of polyester fiberfill, like Poly-Fil, or use the stuffing from a few old stuffed animals you no longer want. 2. Stuff a handful of the filling down into the end of one stocking leg and tie a knot, creating a round “snowball.” 3. Make another knot after the one you just made, leaving a little space between the two knots. 4. Cut between the two knots to snip off a tied-off snowball. Repeat these steps until you have at least a few dozen, but if you’re patient enough to make 100 or more, you’ll have ample supply for a substantial encounter. HOWTO PLAY There’s really no “right” way to have a snowball fight. It’s often just about who can hit whom the most, but if you want to turn it into a measurable competition, divide your group into two teams and distribute the snowballs evenly between them. Then create boundaries for each team by laying down masking tape across the room. Teams must stay on their side of the line at all times. Set a timer for however long you’d like the fight to go on, and at your signal, teams can start hurling snowballs across the room at one another. When time is up, gather and count the snowballs on each side, and the team with the fewest snowballs is the winner! A crafty indoor snowball fight can be a lot of fun for people of all ages, not just kids. Best of all, the crafting part is something you only have to do once, and then you have a stock of snowballs for every winter to come.

Q: Does a mortgage survive a tax deed sale?

A: No, a mortgage does not survive a tax deed sale. Florida Statute section 197.552 states that only municipal or county governmental unit, special district or community development district liens survive after a tax deed sale. Q: Before I got married, I had a prenuptial agreement and want to know if I should have the prenuptial agreement recorded with the county? A: No, a prenuptial does not need to be recorded with the county. However, you want to make sure that the agreement is stored in a secure location, so it doesn’t get lost or destroyed. I recommend that you place the original signed prenuptial agreement in a safe deposit box and keep numerous executed paper and digital copies in safe locations. Q: My ex-girlfriend and I had a verbal dispute. She called the police and told them that I pushed her. I was arrested, and now there is an order of protection against me. I cannot return home or see my children. What should I do? A: You cannot return to your home or see your children until the order of protection is dismissed or modified. If you violate the order, you could be arrested. I would recommend that you hire an attorney as soon as possible to either challenge the order and request the court dismiss it or seek a modification of the terms to allow you to see your children and retrieve your personal belongings from the home. With an order of protection, commonly referred to as a domestic violence injunction, you should consult with an attorney as soon as possible after being served.

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