Contact
Law Offices of Grant J. Gisondo, P.A. Logo

(561) 530-4568

Call For Free Consultation

9:00-5:00 M-F

Saturday Appointments Available

Palm Beach Gardens (Main Location)
500 Village square crossing #103
Palm Beach Gardens, FL 33410
Phone: 561-530-4568
Email: PBG@gisondolaw.com

West Palm Beach
777 South Flagler Drive, Suite 800 - West Tower, West Palm Beach, Florida 33401
Phone: 561-530-4486
Email: WPB@gisondolaw.com

Delray Beach
1615 South Congress Avenue, Suite 103,
Delray Beach, Florida 33445
Phone: 561-530-4669
Email: Delray@gisondolaw.com

Stuart
1 SE Ocean Blvd., Stuart, FL 34994
Phone: 772-742-4709
Email: Stuart@gisondolaw.com

9:00-5:00 M-F

Saturday Appointments Available

(561) 530-4568

Call For Free Consultation

Search
Menu
500 Village square crossing, #103 Palm Beach Gardens, FL 33410
Grant J. Gisondo, P.A. – Family Law Attorney

Child Custody

Grant J. Gisondo, P.A. > Child Custody (Page 2)

Do You Need an Attorney to Represent You?

Attorneys cost money, and rightly so. They have spent years getting a legal education and then passing stiff state exams in order to practice law. And, if that isn't enough, attorneys must continually keep mindful of ever changing laws and regulations. Too, there is the expense of an office, a staff, and the myriad of expectations put on an attorney socially as well as professionally. Most people like to keep as much money as they can, so when it comes to legal matters, there is a great temptation to omit the use of an attorney and go it alone. Sometimes this...

Tips to Prepare for Your Day in Court

Going to court is often a scary thought, especially when you really have to go to court. Depending on your personal ability to handle stress can make a difference. There are, however, several tips for even the self-assured person to consider as he or she prepares for their day in court. Probably the most important tip is to make sure you understand what you and your attorney hope to achieve. In other words, what outcomes are you looking for, and what strategy does your attorney plan to take. Just letting your attorney fly alone can be a let-down if you...

Support Without Dissolution Under Florida Statute 61.09

Dissolution of marriage, i.e., divorce, is usually the vehicle that a spouse uses to receive child support and or alimony. However, there are instances when financial support is needed and rightfully deserved, but the needful party does not want a divorce. In such an instance, each state has its statutes defining how family law will be carried out. In Florida, there is a statute, number 61.09, which states, “If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is...

Is Your Case Ripe for a Modification? Here are the Standards You Must Satisfy

As with many situations in life, circumstances change as time goes on. This is true of court-ordered spousal support (alimony), child support, and time-sharing. When either party finds him or herself in a position where they think there is a need for modification, Florida Family Courts have very definite standards in place. Obtaining a modification is not easy, but it can be done. The following guidelines will help you decide if your situation will qualify for a hoped-for modification. However, it is always best to seek the advice and help of an experienced Family Law Attorney when seeking a modification...

What is Income for The Calculation of Child Support and Alimony?

Child support and alimony are two of the most crucial decisions made during a dissolution of marriage (divorce). Child support can also be ordered if parents have never married each other or even lived together. Creating a child is the bottom line for child support. Whatever the circumstance for needing alimony or child support, there are considerations. The calculation of income supporting the awarding of alimony and child support is as follows and is applicable for each party: Salary: How much money per month/year before taxes and deductions does an individual make? A salary is a lump sum amount earned...

Florida Procedures For Custody of a Minor Child by an Extended Family Member

Unfortunately, there are many times when neither parent can care for their minor child. Reasons are numerous and can include death, ill health, mental problems resulting in abuse, drug addiction resulting in abuse and neglect, desertion, and incarnation. Sadly, the numbers of these children being cared for by a family member, most often grandparents, is in the millions. Studies showed in 2018, there were 2,733 000 minor children living with family members other than their parents. Each state has its own set of guidelines and requirements for the legal ordering of custody for minor children, which can be found in...

How to Live with Your Spouse While Going Through a Divorce

Living with a spouse while going through a divorce is rarely an easy thing to do. To begin with, the very fact you and your spouse have deemed your marriage irrevocably broken means you no longer desire to be together permanently. This being said, it would not usually be the desire of a couple to continue to live together in the same home. In most instances, each party has his or her own residence while going through a divorce and most certainly after the divorce is finalized. Occasionally, however, some circumstances make it necessary for a couple to continue to...

What is Simplified Dissolution in Florida?

For many years the courts used the term “divorce” to signify the legal ending of a marriage. In those days, there needed to be reasons a marriage could be terminated, such as adultery, misconduct, and emotional or physical abuse. A reason for divorce had to be proven before a court would end a marriage. As time has gone on, however, there have been radical changes in how a marriage can be legally terminated. In many states, including Florida, the term “divorce” has been replaced by the term “dissolution of marriage.” In many states, including Florida, there need be no reason...

Social Media Posts and Photos Can Be Used Against You in Court

Social media, the blessing, and curse of the modern world. YouTube, Facebook, Tumbler, Twitter, Snapchat, Instant Messenger, Linkedin, Instagram, and Pinterest are examples of social media options. It is amazing to be able to talk with and see people around the world. You can take videos of activities, people, and just about anything the mind can think up. Information is non-ending, and music and art abound. Authors Marisa A. Tradatti and Anna C. Horevay  write, “There is a whole generation of people for whom tweeting is as natural as breathing, for whom the word ‘friend’ has become a verb and...

What is a Retainer? Why Do I Have to Pay One?

A retainer, in the legal sense, is an up-front fee paid by a potential client to ‘’retain” or hold the time and expenses an attorney may need to litigate a case properly. The definition of payment by retainer provided by the Legal Information Institute is “A fee that the client pays up-front to an attorney before the attorney has begun work for the client.” A specific outcome is not guaranteed, but rather the attorney will be working on the client’s behalf until an outcome is reached. There are three types of retainers: Retaining fee: an up-front retaining fee held by...

Trial Can Be a Legal Roulette

You never know what a judge will rule! This is so true when it comes to the final decision a judge will make concerning a case. Taking a divorce handled in Family Court in Florida, for example, a judge must rule on many issues. While there are guidelines in the Florida Statutes for divorce, it is up to a judge to decide how best to apply the guidelines to each situation. Some of the areas a judge must rule on include: Alimony: there are six types in Florida, each with its own set of qualifications. A judge must decide if alimony...

If I Have Equal (50/50) Timesharing, Is Child Support Still Calculated?

Over the past few years, in most states, parental timesharing has taken the place of ordering primary and secondary custody for minor children. Minor children are children from birth to l8 years, and any child past that age who is mentally or physically unable to provide for themselves. Having both parents involved in the care and nurturing of their children has been proven to be highly beneficial to a child’s healthy development. And, the best arrangement is when an equal or 50/50 timesharing agreement is reached. But what about child support? Will there still be a need to calculate child support...

Must We Attend Mediation?

Must we attend mediation? If you live in the state of Florida and plan to divorce (dissolution of marriage), have a minor child (child under the age of l8 or a child who is unable to provide and care for him or herself) and are looking to set child support and or timesharing including developing a parenting plan, or are needing to return to court for modification of alimony, child support, or timesharing and the parenting plan, you will need to attend mediation before setting a court date. This is true in almost every Florida jurisdiction. Why does Florida lean so...

What is Income for the Purposes of Child Support (fla. stat 61.13)

Child support in Florida is mandatory, whether the parents have been married and are getting a divorce, have lived together and are separating, or have never lived together longer than to create a child. Family law in Florida is very conscientious regarding the care and nurturing of minor children and stands by the phrase "in the best interest of the child." It goes without saying that it costs money to raise a child from birth to l8 years and beyond if the child has special needs and cannot care or provide for themself independently. In Florida Statute 61:13, which you...

How to Dress for the Courtroom

Dress for success. This can be said emphatically for those who are having their day in court, be it attorney, client, or witness. So often, people form judgments based almost entirely on their first impression of another person and can be a plus or a minus depending on the opinion formed. For example, should a client be dressed in poorly fitting, unpressed clothes with unshined shoes to match or an attorney dressed in a suit that doesn’t quite button over the midsection, a judge or jury could form the opinion of the person not being serious about the issues at...

When is 50/50 Equal Timesharing Proper and When Is it not Proper?

As each state has its own laws regarding the care and nurturing of minor children following a separation or divorce of their biological or adoptive parents, this blog will focus on the state of Florida. For many years Florida, as in most states, awarded the custody of minor children to one or the other parent. Children lived with the parent having primary custody and the parent given secondary custody would receive visitation rights which may or may not have included overnights with their child. Decision making usually rested with the parent holding primary custody which often left out the other...

How Long Does It Take to Get Child Support?

Unfortunately, there is no time frame allotted for getting child support. While the party desiring child support may feel it is an emergency, the legal system has its specified procedures which must be followed before adjudication for child support will be finalized by a judge. Taking a look at the procedures needed to obtain child support will help to show why there is no set time limit for obtaining a judgment. Too, each state has its own set of guidelines for obtaining child support and these can be found in the State Statutes. So, for this discussion, the state of...

Domestication of a Foreign Order (Child Support, Alimony, etc) in Florida

The title, “Domestication of a Foreign Order”, implies the order needing domestication is from outside the United States. While this is true in some instances, the majority of orders in this category result from moving to another state outside the state where the order was adjudicated. We live in a mobile society. Many people move from place to place every few years or even more often. Jobs move employees, people marry and move with their spouse, or sometimes people just want a change in their environment or a place with better educational opportunities for their children. And, since every state has...

Part Three: Ways To Help Children Cope With Life After a Divorce or Parent Separation

Having one’s parents separate whether from within a marriage or a living together arrangement can be, and often is, devastating for children of any age. It is particularly difficult for minor children or those with special needs who depend on parental support and care. In most states, there are guidelines and requirements for post judgment parenting. In Florida, for example, all couples must attend a state approved parenting class before a divorce or child support order can be adjudicated. Furthermore, in Florida, the motto “In the best interest of the child” is applied to decisions made regarding minor children as...

Part Two, Parallel Parenting, What is it, and How Does it Compare to Co-Parenting?

As was pointed out in Part One of this three part discussion on parenting after a divorce or relational break-up, that many states, Florida in particular, are firm advocates of both parents taking equal responsibility in the continued raising and nurturing of their children, biological and/or adopted. The term “In the best interest of the child” is used to emphasize how important it is for both parents to put themselves in their children’s shoes and see how it feels and then provide the correct “fit”. Co-parenting, where both parents share equally in decision making regarding education, medical, religious, and disciplinary concerns...

The Importance of Co-parenting – Part One

The definition of co-parenting as defined in the online Your Dictionary “is a process where two parents work together to raise a child even though they are divorced or separated and no longer live together. An example of co-parenting is when a divorced mother and father share legal and physical custody of a child.” Couples who have never married or even lived together but still share the birth or adoption of a child are also candidates for co-parenting. In fact, in the state of Florida where Family Law statutes use the phrase “In the best interest of the child” as...

What Exactly Is The Best Interest of The Child Standard Defined and Meaning

For much of history, and indeed until the last forty or so years, the fate of a minor child, 18 being the age of emancipation, was totally in the hands of the parents or legal guardian. Minor children were “seen but not heard” and even in a courtroom setting decisions were made for them as to what was most convenient and in the best interests of the caregiving adults. Not so anymore. In fact, in many states, Florida being one of these, the standard for legal decisions involving minor children is “The Best Interest of the Child”. How is this...

The UCCJEA

What it means, what it’s for, and how it can protect your family. What it means: The letters UCCJEA stand for Uniform Child Custody Jurisdiction and Enforcement Act. In 1997, due to frequent misuse of parents trying to avoid custody determinations by moving from state to state or even leaving the country, the National Conference of Commissioners on Uniform State Laws put together the UCCJEA to help prevent parents from using unlawful conduct in child custody disputes. The UCCJEA sets forth a set of rules and procedures for interstate and international custody battles. Each state has a section of their state...