Our firm assists clients in all aspects of family law including:
• Divorce
• Child Custody and Visitation Schedules
• Alimony
• Domestic Violence Restraining Orders
• Modification of Child Support
• Prenuptial Agreements
• Mediation
• Adoption
Divorce
Also known as Dissolution of Marriage, every divorce proceeding is unique. We handle straightforward uncomplicated divorces and complex marital dissolutions. A divorce can involve:
• Alimony
• Division of property
• Complex business evaluation
• Mutual funds, stocks and securities distribution
• Evaluation of assets
• Debt management
We can be trusted to negotiate an equitable distribution of debt and assets.
There are two types of divorces; an uncontested divorce and a contested divorce. In an uncontested divorce, the spouses are able to reasonably agree upon all issues relating to the termination of a marriage, typically through a Marital Settlement Agreement. Contested divorces are more likely to be conducted when there is a dispute over custody, child support or when there are substantial or complex asset and liability issues.
Whether a divorce is contested or uncontested, important legal interests hang in the balance which should be protected through effective legal representation.
Parenting Plan / Time Sharingcases should also be handled in a delicate manner and with the utmost discretion, due to the tremendous strain which can be placed upon parents and their children.
In recent years their has been an increased emphasis in parenting / time sharing proceedings to determine what is in the best interest of the child. This has both opened the door and directly lead to an increased number of fathers who have been granted parenting plan judgments of a child / or children. A far contrast to the days when a child's mother was virtually guaranteed to be the parent in which a child or children legally resides with.
Whether you are the mother or father of a child / or children, and are seeking primary parenting rights, a shared / joint parenting plan, parenting / time sharing modifications or time-sharing rights, we have the experience to aggressively represent your legal rights involving parenting / time sharing matters or disputes.
Parenting / Time Sharingissues typically arise during a divorce, legal separation, when there is a long range residential change of address for the custodial parent, after a paternity test, or when any issue arises where there appears to be grounds to petition the courts to review and approve modifications to the current parenting / time sharing situation.
Once the court makes a decision regarding the parenting plan and the time sharing schedule, it may issue an order allocating responsibilities for certain decision making and the care of the children.
Family law court orders pertaining to the custody and visitation of a child often address issues such as:
Parenting plans detailing when the child or children will spend time with each parent;Parenting plans, including primary custody, visitation rights, and obligations; Determining which parent (or both) will have decision making authority regarding school related issues, extracurricular activities, health care and other important matters for the child;Determining the amount of child support to be paid, and by whom; andOther specific issues which may be unique to the specific child custody or visitation case.
Often referred to as "Parent Relocation", in essence the legal process of one parent choosing to move beyond the 50 mile radius of most child custody court orders actually refers to the relocation of the child, or children as the primary residential parent moves out of the designated zone of the court order.
A parenting plan which has been approved by the court and specifies the existing court orders regarding explicit detailed rights, responsibilities, logistical considerations, and limitations concerning each divorced parent's access to the children. Stipulations may or not exist in the court order which allows some minor adjustments as needed if circumstances change over a period of time.
When a parent who has primary custody of a child, or children, chooses to move outside of the designated approved geographical radius of the other parent the regular access and visitation between the child and the non-custodial parent will be be affected.
Florida law requires the parent desiring to move, thus relocating the child away from the other parent must following the proper legal procedure in order to be allowed to do so.
It is important to know that often times your ability to relocate with the child, or children often hinges if the non-custodial parent agrees to not contest the petition to relocate, if they choose to contest the relocation, as well as how hard they my fight to block the relocation of their children.
While the relationship of the child with both parents is important, the court will, first and foremost, consider what is in the best interest of the child.
The court will consider a number of statutory factors in determining if they should approve or disapprove allowing a parent seeking to relocate out of the existing designated geographical area or out of state with the child. Considering various factors is essential in ensuring a parent does not move without consideration of the overall best interests of his or her children. Some of these factors factors include, but are not limited to:
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Adherence with the current custody parenting and visitation plan;
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The relationship between the child and the non-moving parent;
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The financial and emotional stability of the parents;
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Age of child, or children;
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The ability to modify the Parenting Plan and Timesharing plan;
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The amount of time the non-moving parent has with the child.
If you are the primary custodial parent who desires to relocate with your child, or the non-custodial parent who wishes to stop the relocation of your child, it is paramount that you seek experienced legal counsel so that you are informed of your legal rights and options regarding the relocation of your child, or children.
Post judgment marital and family law modificationrequests may include, but are not limited to:
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Child Support Modifications:A parent may make a request to change the existing court ordered amount of child support owed when a substantial change in the financial circumstances of either parent occurs. Generally, a 15% or greater increase or decrease in income of either parent will be considered a substantial change of circumstances. However, any modification must still be in the best interest of the child or children;
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Child Custody/ Visitation / Time Sharing Plan Modifications:A parent may make a request to change the existing time sharing plan (i.e., the custody and visitation order) if a substantial change in circumstances occurs that warrants a modification of the time sharing plan. Again, the modification must be in the best interest of the child or children;
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Spousal Support (alimony) Modifications:A spouse may make a request to change the existing court ordered amount of spousal support / alimony owed if they can demonstrate a substantial change in the circumstances surrounding the spousal support / alimony.
The division of marital property is often one the most highly contested areas of divorce and family law. Each spouse has their own idea of what they believe they are entitled to and what is fair in the distribution of property, assets and investments acquired during the course of a marriage.
Many times, property and assets which were brought into the marriage are involved in marital property disputes, as both parties shared these assets during the course of the marriage. Property that is often in dispute during the equitable distribution process includes, but is not limited to:
Child Custody. The breakup of a marriage is more traumatic for the children than for the parents. Thus, parents should exercise great care to minimize the emotional toll on children when a separation takes place.When parents separate, decisions regarding the custody and support of the child must be made. If the parents are not able to resolve these issues, the decision will be left to the court. When deciding issues regarding child custody, the courts will consider a number of factors including the preference of the child, the mental and physical health of the parents, the relationship between the child, the parents and siblings. We understand the impact that divorce and parental separation has on children and work hard to negotiate effective custody arrangements in the best interest of your children. We help families establish custody agreements that recognize and respond to all family relationships. We handle custody matters involving parent’s rights, visitation agreements, and temporary custody and visitation. A shared parenting agreement is often the best solution to a custody dispute. The alternative is an adversarial divorce litigation over custody which all too often results in emotional trauma for all parties and in particular, the children. AdoptionWhile adopting a child can be an immensely rewarding experience, it is often accompanied by a host of legal and bureaucratic complexities.
Those who approach the process with the aid of a knowledgeable attorney find that they are relieved of much of the delays, frustration and expense it often entails.The essential requirement for adoptive parents is that they accept adoption as being absolutely irreversible. Domestic adoptions are not subject to widespread legal challenges, but it is not impossible for birth parents or birth relatives to initiate proceedings to revoke an adoption.
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The family home;
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Investment property;
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Automobiles;
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Recreation Vehicles, motorcycles, other motor vehicles or boats;
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Investment accounts, retirement accounts; and
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Other items of monetary or sentimental value.
Additonal Site: http://www.childsupportattorneyfl.com/
ARTICLE:
Unwed fathers beware: You may not have any timesharing rights with your children.
Pursuant to Florida Law (§744.301 Fla. Stat. (2010)), “[t]he mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise.” (emphasis added). This applies to all of Florida, not just Pasco County, Pinellas County, and Hillsborough County.
If you are a man and you have a child born out of wedlock, you have no rights to the child except to pay child support. The mother of the child has all the decision-making authority, and you have timesharing (formerly called “visitation”) at the mother’s discretion and whim. This applies to all of Florida, not just Pasco County, Pinellas County, and Hillsborough County.
Even if you were present at the birth of the precious child and you are recognized as the child’s father on the child’s birth certificate, the mother is natural guardian of the child and is the parent that gets to make all decisions related to the child. See Orlando J. Perez, V. Angelica Marie Giledes A/K/A Angelica Marie Perez, 912 So.2d 32 (Fla. 4thD.C.A. 2005). While §742.10 provides a presumption that you are the child’s father for child support purposes, §744.301 requires the unwed father to take an extra step to establish the father’s rights with regard to timesharing and being involved in decisions that relate to the child’s upbringing. If you are a father of an child born out of wedlock, you are not currently married to the mother of the child, and do not have an order from a Judge declaring what your rights are, you may wish to speak with an attorney to establish those rights. This applies to all of Florida, not just Pasco County, Pinellas County, and Hillsborough County.
Article written by Daniel Todd Dean, Esquire.