Family Law

In many states, including Florida, whenever the court is needed to determine the outcome of a minor child where both parents will be involved in shared parenting a parenting plan is required. This is true for parents who have never married or even lived together as well as for parents who have married and are divorcing.A parenting plan will include the number of overnights for each parent and where the overnights will take place. All medical, educational, religious, and discipline decisions are to be made jointly so the parenting plan will lay out the way this should happen. For example,...

Does marriage counseling work? To be blunt, sometimes “yes” and sometimes “no.” What are some of the considerations that are more likely to lead to success rather than failure? The following are food for thought: Probably first and foremost, for success of any kind, both parties must recognize the need for marriage counseling and be willing to give it at least a try. Have an open mind. That is trying not to go to counseling thinking you are all right and the other person in all wrong. It is essential to be willing to at least listen to, not just...

There are sometimes, during the hearing of a case before a judge, when it necessary to use an expert witness. According to The Legal Dictionary.com. an “expert witness is a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been witness to any occurrence relating to the lawsuit or criminal case.” One type of expert witness is a Forensic CPA (Certified Public Account). A person using this title is someone educated, trained, and licensed to investigate and give qualified reports in the area of audits, accounting, and matters concerning the financial...

Everyone wants their court case to be finished with the judge’s ruling finalized as soon as possible. Quickly is unheard of in the legal world but in many instances there are causes for delays which of course add time to arriving at the final judgment. Here are some of the most frequent reasons for a delay: In most jurisdictions courts are backed up with cases, sometimes for many months. Depending on the type of case and the length of time required to hear the case, to be placed on the docket or schedule can take weeks to months. And, once...

With the ever-increasing use of texting as a way to communicate ideas, information, requests, and just about any other form of verbal sharing between two or more persons, it is becoming more and more useful as a tool for evidence in court. Texting can be saved with the date and time of production which makes it easy to verify when it comes to needing accurate proof at mediation or in a courtroom.There are, however, some very legitimate concerns regarding the inclusion of text messages as evidence. As in most legal matters, each state has its own set of rules and...

No, being separated is not a requirement for a divorce in the state of Florida. In fact, in Florida, as in five other states, Texas, Mississippi, Deleware, Pennsylvania, and Georgia,legal separation is not recognized.A couple can choose to live apart, in other words, “separate” but the Florida courts do not have a way to make this legal. However, particularly if minor children (children under 18 years of age or special needs adults) are involved the courts, usually with the help of mediation, can adjudicate issues including child support, child custody, visitation, and division of property. When determining child support payments,...

In states like Florida, unless there are special circumstances, there is no longer a primary custody parent for minor children between ages new-born to 18years but rather a sharing of parental responsibility. This is termed “parental time-sharing.”Basically,this means parents will share equally the care and nurturing of any minor children born or adopted to them as a couple. (The parents do not have to be or have been married.)Additionally, as part of the parenting plan required by the court, all major decision making must be shared in the areas of education, medial, discipline, and religion. While all the above plans for...