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

Lawyer’s Advice

Grant J. Gisondo, P.A. > Lawyer’s Advice (Page 2)

Why an Attorney Will Not Give You Legal Advice in a FREE Consultation

When considering this question, the first thing to clarify is the difference between advice and information. Advice: as defined by online Find Law states, “Legal advice refers to the written or oral counsel about a legal matter that would affect the rights and responsibilities of the person receiving the advice. In addition, actual legal advice requires careful analysis of the law as it applies to a person’s specific situation—as opposed for speculation based on generic facts.” Here an attorney would learn the specific facts of a client’s case and do research to determine how best to proceed. Often just getting ready...

What to Know When a Child Flies to Visit Parents During COVID

Life must go on even during the current COVID pandemic. This life includes the timesharing orders between parents of minor children. When it is nice if both parents live in the same geographical area, it today’s transient society, it often happens that parents live miles and sometimes states apart. As most parental timesharing plans include instructions on allowing minor children to visit, even when many miles separate them, it is important to understand how a minor child can fly between parents. If a minor child needs to fly without an accompanying adult, the child is considered an unaccompanied minor, and...

Co-parenting Post COVID

In Florida, co-parenting is referred to as parental timesharing. A couple who has natural or adopted minor children (children from birth to age l8 or a child who cannot support themselves for mental or physical reasons) and decides to divorce, separate from a cohabitation relationship, or hasn’t lived together, will be required by Family Law Courts to share the care and nurturing of their children. Florida Family Law is built around the motto “in the best interests of the child.” As research has shown children, develop better with the influence of both parents, and parental timesharing has resulted. A parenting...

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...

How Does Successful Mediation Cut Costs and Give You Control of Your Divorce?

The definition of mediation is a process in which a mediator, that is a trained, neutral third person, works with a couple and their attorneys to create a mutually acceptable agreement termed a marital settlement through a process of cooperation and negotiation. Saving money and keeping control are two aspects of a divorce case that most couples would like to take advantage of. Today’s high costs for a good attorney and the uncertainty of how a judge will rule on such issues as alimony, distribution of marital assets and liabilities, and the future care and support of minor children are a...

Timesharing and Virtual Schooling during COVID

COVID continues to dominate the way our children are educated. In many states, Florida included, many schools are closed and those that can open do so on irregular schedules, sometimes children going half days or every other day. In addition to schools being closed or off a regular schedule, most school districts offer parents a choice whether to send their child to school or keep them home and do the schooling virtually. Most states offer several ways children can be schooled at home. All this being said, if parents are forced or decide to school their children from home, that fact...

Dissolution of Marriage During COVID

COVID has and is affecting the way we live our everyday lives. It seems there is no area left untouched by one regulation or another, and Family Court in Florida is no exception. For those couples who are seeking dissolution of marriage (divorce), there have been significant changes in the way things are done in order to complete the process of dissolution. The main thing to be aware of regarding a dissolution hearing is that as of May 21, 2020, an issue was ordered by the Supreme Court of Florida termed the Administrative Order AOSC20-23 Amendment 2. This amendment is in...

Preparing for the Holiday Timesharing-Review

It’s hard to believe that another year, particularly such a difficult one, is fast approaching what is called the “holiday season.” These special times of celebration include Labor Day, Halloween, Thanksgiving, and Christmas. All these events are traditionally family-oriented, and children play a large part in the celebrations. All ages of children, young and old, usually participate, but those children under the age of l8 and those unable to provide for themselves due to physical or mental challenges, have a particularly important role to play. And, of course, it is not unusual for both parents to want to spend these...

Can We Settle the Case Without Attending Mediation?

For a direct answer to the question, “Can we settle the case without attending mediation?” the answer is “yes.” Mediation, according to The Free Dictionary by Farlex, is “a settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreements” For example, mediation is used in Family Law for such cases as dissolution of marriage (divorce), child support, parental timesharing, parenting plan, and modification of alimony, child support, and parental timesharing and parenting plan. In fact, in some states such as Florida, mediation is...

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...

Will the Other Side Be Required to Pay My Attorney Fees?

Paying attorney fees, for most people, is one of the least popular parts of taking a case to a legal professional. And, one of the most asked questions is, “Will the other side be required to pay my attorney fees?” as hopefully getting help with paying attorney fees would be appreciated. In most instances, what is termed “The American Rule” is the standard by which attorney fees are paid? This rule dictates that each side pays its own attorney costs, whether they win or lose a case. But, as with most “rules” in life, there are exceptions which judges may impose...

Completing a Family Law Case

Family Law consists of a variety of situations that a person or couple cannot resolve by themselves without the help of the legal system. Some of these situations include divorce, modifications, timesharing, child support, division of marital assets, adoption, and bankruptcy. In each of these cases, there will be several considerations which will determine how long it will take to complete the case. Here are the basic issues that will affect the completion of a Family Law case: Hiring an attorney or handling your case yourself: If a case is very simple such as a no-contest divorce where both parties...

What is a Supportive Relationship to Terminate Alimony (fla. state 61.14)

In Florida, there are six kinds of alimony or, as now termed, spousal support. The change to the term spousal support is largely due to the fact support during and following a divorce can be awarded to either spouse, husband, or wife. For many years, alimony was almost always given only to a woman, and so a new term helps identify that either party is eligible to be considered for financial help. One kind of alimony awarded is termed permanent alimony as it is awarded for life until either party dies or the party receiving alimony payments remarries or enters...

How to Communicate Efficiently with your Attorney

Communication, likely one of the most important social skills related to the human (and animal) species, is not something a person should take casually or for granted. How to use speech, emotions, and body language to effectively share information between two or more persons becomes a powerful tool, whether for a positive or a negative outcome. Such concerns as taking into account the communication style of those listening, finding empathy with the listener, and hearing what the listener has to say in return are all necessary components of efficient communication. And, efficient communication with your attorney is vitally necessary if...

Why Reading Your Retainer/Fee Agreement is Important

Like any document requiring your signature, you should always read all the papers needing your attention. You should even read the small print as there can be some tricky points hidden there. And, reading an attorney’s retainer/fee agreement is no exception. This blog will take a look at why it is important to read the retainer/fee agreement but first understanding what a retainer/fee agreement is will help to explain the importance of reading it in its entirety. According to the online definition of a legal retainer, ”A retainer is an advance payment that a client makes to his or her lawyer...

What Happens When You Don’t Follow Your Lawyer’s Advice?

As with any professional whom you seek out and retain for advice, and in the case of an attorney, representation on a legal matter, it is wise to follow the advice given. Before retaining the professional, you should feel confident he or she knows about and has experience in the field of expertise you need. In the case of a lawyer, you can check on his or her website and contact the state Bar for information. On the website, you can determine the educational background, years of experience, services offered, areas of representation, marital status, community involvement, professional awards, and...