Best Family Lawyer In Palm Beach Garden

04 October

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How a Parenting Co-ordinator can help with Co-Parenting

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice, Parenting, Paternity

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...

How Does a Parenting Coordinator Help Florida Families Pre and Post-Divorce

20 September

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What Does It Mean to Advocate for Your Client?

Posted by Grant Gisondo

in Family Law, Legal Advice

Why is it Important for an Attorney to Advocate for Their Client?

To advocate, according to Black’s Law Dictionary, is “one who assists, defends, or pleads for another; one who renders legal advice and aid and pleads the cause of another before a court. A person learned in the law, and duly admitted to practice, which assists his clients with advice, and pleads for him in open court….” Taking this definition as fact, there are three main areas where an attorney will advocate for his or her client: assist, defend, and plead. The following gives further explanation as to how this is done: Assist: Right from the first meeting between an attorney and...

14 September

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Ethics in Family Law

Posted by Grant Gisondo

in Family Law, Legal Advice

According to US Legal, Inc. the definition of legal ethics in law “is the minimum standards of appropriate conduct within the legal profession. It is the behavioral norms and morals which govern judges and lawyers. It involves duties that the members owe one another, their clients, and the courts.” These issues of ethics include communications, particularly between client and legal professional, due diligence or the level of care and activity a legal professional exerts on behalf of the client and his or her case, conflicts of interest between the client and legal professional, and treating clients with respect and genuine caring....

Why Practicing Ethics in Family Law Makes Good Sense

23 August

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Part 3 – How the Mediation Program of the 19th Judicial Court in Florida Works

Posted by Grant Gisondo

in Family Law, Legal Advice, Mediation

What You Need to Know About How a Florida Mediation Works

As was pointed out in the first and second part of this series, mediation is used frequently in Florida to try to resolve Family Court matters including dissolution of marriage, (divorce), child support and shared parenting, including developing a parenting plan, (child custody) and post judgment modification for alimony, child support and parenting plans. There are, as noted, many advantages to successfully arriving at a signed settlement, benefiting the court, the couple, and the children. But what should a person who is ordered to attend mediation expect? In Florida’s l9th Judicial Circuit, here is how it works. When you receive...

16 August

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Part 2 – What Reasons make Mediation such a good idea for Family Legal Actions involving both Adults and Minor Children?

Posted by Grant Gisondo

in Family Law, Legal Advice, Mediation

As pointed out in part 1 of this series, most jurisdictions in Florida require a mediation before a court date can be set for a dissolution of marriage (divorce), setting of child support and developing a parenting plan for parental timesharing for unmarried parents, and for post-judgment modification of alimony, child support, and parenting plans. While at first, this may seem unnecessary there are many good reasons Florida has found mediation an excellent precursor and even an alternative to a day in court. For, if a couple can work out their differences themselves and come to an agreement in a...

Why is Mediation an Important Tool in Florida’s Family Law System?

09 August

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Mediation in Florida, a 3 part series

Posted by Grant Gisondo

in Family Law, Legal Advice, Mediation

Part 1 - What is mediation and what part does the mediator play

Mediation, according to the Legal Dictionary law.com, is “the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result….However, mediation does not always result in a settlement.” As this implies, a mediator is a person trained in conflict management and someone who helps others reach a settlement regarding their opposing opinions. In Florida, most jurisdictions require a mediation prior to setting a court date for a dissolution of marriage (divorce), setting of child support which includes developing a parenting...

02 August

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In Florida, Do I Have to Pay Child Support With 50/50/Equal Time Sharing?

Posted by Grant Gisondo

in Child Support, Family Law, Legal Advice

Essentially, 50/50 equal time sharing and paying child support have little to do with each other except that both involve a couple being the legal parents, either by birth or adoption, of a minor child. Taking a closer look at both 50/50 equal time sharing and paying child support the following is important to note: Equal time sharing: In Florida, except in special cases involving for example drugs or child abuse or domestic violence conviction, the term “primary custody” is no longer used as parents are considered partner in raising their minor children following a divorce, or if never married, a separation....

If there is 50/50 Equal Time Sharing is Child Support Necessary?

26 July

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What is a Subpoena and How is it Used?

Posted by Grant Gisondo

in Family Law, Legal Advice

The word “subpoena” comes from “suppena”, Middle English and “sub poena”, Latin, both meaning “under penalty” It is interesting to note that even though the word has English roots, in England the term subpoena is no longer used but the phrase “written summons” is used instead. Actually, “written summons” is a good, brief description as the definition, according to Wikipedia, is “...

12 July

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Choosing the Right Mediator

Posted by Grant Gisondo

in Family Law, Legal Advice, Mediation

In Florida, most jurisdictions handling contested divorce (dissolution of marriage) require the case to go to mediation before it can be assigned a court hearing date to be heard by a judge. As mediation allows each party, with the help of their attorney, to hopefully be willing to compromise and work out a marital settlement agreement satisfactory to each, it is most important to select a mediator who will work diligently to try to have this happen. It is highly unlikely either party will get all the results they would like, but one of the advantages of a mediation is...

Learn 8 Ways to Help Choose the Right Florida Divorce Mediator

05 July

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All about Guardian Ad Litem

Posted by Grant Gisondo

in Child Support, Family Law, Legal Advice

Guardian Ad Litem (GAL) comes from Latin and, is defined by the online Legal Dictionary as “a unique type of guardian in a relationship that has been created by court order only for the duration of legal action. Courts appoint these special representatives for infants, minors, and mentally incompetent persons, all of whom generally need help protecting their rights in court.” Each state has its own guidelines for using GAL. This blog will use Florida as its example and will focus on the Family Law court's use of GAL for issues such as parental timesharing, developing parenting plans, child support,...

28 June

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

Posted by Grant Gisondo

in Child Custody, Child Support, Divorce Law News, Family Law, Legal Advice

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...

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

21 June

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2019 Alimony and Tax Laws

Posted by Grant Gisondo

in Alimony, Family Law, Legal Advice

For 75 years tax laws surrounding alimony have stayed the same. This has meant the person receiving alimony would pay taxes on the amount and the person giving alimony could take the amount of alimony as a tax deduction. While this may not seem significant, for those in high-income tax brackets an increase or decrease in taxable income can change the percentage rate on their taxes by putting them in a higher or lower tax bracket. Additionally, the person receiving alimony would not be able to keep the entire amount as whatever percentage of taxes paid would be taken out...

14 June

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Managing Client Expectations

Posted by Grant Gisondo

in Family Law, Legal Advice

All clients, no matter the business or professional arrangements have expectations as to how they expect the situation to proceed and what they perceive the final outcome to be. This is certainly true when it comes to working with an attorney. Most clients have preconceived ideas as to how their case should proceed and what they hope for as solutions in the final outcome of their legal journey with their attorney. Of course, the client is not a legal professional and so often doesn’t really understand the procedures and how so many factors can affect the final outcomes. So, it...

Learn Ways Client Expectations Can Be Successfully Managed

07 June

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Who Gets the Dog?

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice

Are Dogs Given the Same Status as Minor Children in a Divorce?

About two years ago a well-received movie who gets the Dog gained the attention of many Americans. The theme of the movie revolved around a couple who had a beloved dog that neither was willing to part with because of their pending divorce. While the movie provided a great deal of humor, in reality, it isn’t funny when a couple desires a divorce but neither party wants to give up claim to a treasured dog. Since the movie, public awareness of the “who gets the dog” issue has increased and courts are being pressured into making the guidelines for the...

31 May

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How Long Does It Take to Get Child Support?

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Family Law, Legal Advice

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...

Is it Possible to Know How Long it takes to Get Child Support?

24 May

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How Long Does a Divorce Take? How Long Does a Paternity Agreement Take?

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice

How Long Does a Divorce Take? How Long Does a Paternity Agreement Take?

In reality, the answer to both questions is “it depends on the complexity of the case, the backlog of the court, competency of representing council, and how fast facts, proof, and witnesses can be appropriated and put together. As each state has their own set of guidelines, as found in their statutes, there is no absolute amount of time prescribed for either the length of time it takes for a divorce or for a paternity agreement. Taking one subject at a time, there are issues which can be at least itemized in sequence, if not in length of time. Taking...

16 May

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Am I Headed for Divorce?

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice

How do I know a divorce is likely in my future? There are many signs, some known ahead of time and some that come as horrible surprises, to indicate the likelihood a divorce will happen. Here are 6 of these reasons: You have been served with divorce papers and now have 20 days to answer the petition for dissolution of marriage, the term used in most states for “divorce”. You are certain there has been infidelity. This certainty can come from situations including finding your spouse in bed with another, frequent late nights which turn out to be lied about,...

Six Reasons a Divorce May be in Your Future

13 April

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How to Strategically Plan for a Divorce

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice

Strategic planning sounds like something one does when fighting a war. And, in truth, many divorces are much like a war, with opposing sides, each trying to win the battle and take home the spoils. Sad as this seems, especially as at one time there was love and the hope of a future lifetime together, it is a reality, for at least 50% of the marriages in the US will end in divorce. So, as in war, it is best to strategically plan, usually and most advisably, with the help of an experienced Family Law attorney. Whether you are the...

05 April

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

Posted by Grant Gisondo

in Alimony, Child Custody, Child Support, Family Law, Legal Advice

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...

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

27 March

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Alimony and Standard of Living Factor

Posted by Grant Gisondo

in Alimony, Divorce Law News, Family Law, Legal Advice

Importance of Standard of Living Factor in Determining Alimony

For alimony, what does the factor “standard of living” during marriage really mean as a factor to determine the amount of alimony? One of the most disputed and controversial aspects of a dissolution of marriage (divorce), is the type and amount of alimony (spousal support) to be awarded to whichever party deserves the support. This is especially true in what is called “high end” or “high earner” marriages. Sometimes millions of dollars are at stake and, while a couple can, and often do, create their own settlement during a mediation prior to a court hearing (in the state of Florida a...

23 March

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Five Things Attorneys Want to Tell Their Clients

Posted by Grant Gisondo

in Family Law, Legal Advice

You are sitting in an attorney’s office waiting to meet the attorney you are considering or have chosen to represent you in a legal matter, be it civil or criminal. You have a whole list of things you want to tell and ask the attorney and you are even ready to write his or her answers down.The next half hour or so is important and could even change the course of your life. A successful outcome for your issues usually means a great deal to you and you will be counting on the attorney, if at all possible, to make...

Five Things Attorneys Want to Tell Their Clients

16 January

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Don’t record your spouse without consent

Posted by Grant Gisondo

in Divorce Law News, Family Law, Legal Advice

It is very tempting to record conversations a spouse is having with someone who can demonstrate that a particular fact is indeed true in regards to a certain situation in a case such as a dissolution of marriage (divorce). For example, in Florida, you might believe your spouse is funneling important marital assets, that are property, real or personal, that were acquired during the marriage and will be part of the equitable distribution following final judgment. The phone rings and as you quietly picks it up the party on the other end, not realizing you are listening outlines plans to...

04 December

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Professionalism in the Practice of Law

Posted by Grant Gisondo

in Family Law, Legal Advice

Professionalism: The conduct, aims, or qualities that characterize or mark a profession or a professional person.” Merriam-Webster In many ways, professionalism is the key to determining if a person in the legal profession is truly committed to their client's goals and needs. When looking for an attorney to represent you in any type of legal matter, in addition to the cost, education, and experience, there are a number of things to look for, most of which come under the definition of professionalism. Here are ten of the most important keys to an attorney’s ability to be the legal professional you are...

06 November

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How to Impeach a Trial Witness

Posted by Grant Gisondo

in Legal Advice

Definition of “impeachment of a witness” from Black’s Law Library: “where the believability of a witness is questioned that is based on the testimony of other witnesses.” Believability in a courtroom refers to whether a witness is speaking the truth. While most persons will be truthful, there are exceptions and if it can be proven by any party that the witness is not likely telling the truth, the witness will be impeached and their testimony will not be admissible in the court proceedings. The key word is “proven” and both the defense attorney and the prosecuting attorney have the right to...

22 September

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Is Trial The End of The Road? What About Appeals?

Posted by Grant Gisondo

in Family Law, Legal Advice

To begin this blog a definition of “legal appeal” is necessary. Online Legalzoom states the following: “An appeal is a request made to a higher court to review a decision made by a lower court. It is not a rehearing of the case you presented” No, a trial is not the mandatory end of the road in a Family Law case decision in Florida. However, as judges usually have wide latitude in making decisions, especially in dissolution of marriage, it is not likely an appellate court will reverse the judge’s decision unless there has been judicial error or the misuse of...

Is Trial The End of The Road? What About Appeals?

21 August

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Why You Shouldn’t Text Your Attorney

Posted by Grant Gisondo

in Legal Advice

Texting With Your Attorney May Not be a Good Idea

As time moves more and more into the age of technology, the use of cellphones with the capability of texting is becoming almost as common as the use of what is now termed a “land line”. Particularly with the younger age group, they use cell phones almost exclusively, and studies show that many senior citizens are learning and liking the use and convenience of modern phone technology as well. While this makes for amazing speed of information gathering and communicating with others, there are some definite drawbacks when it comes to communicating with one’s attorney, especially in the area of...

29 June

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The Importance of Professionalism in the Legal Profession

Posted by Grant Gisondo

in Family Law, Legal Advice

The very word “profession’ denotes there is supposed to be professionalism around somewhere, but where is the somewhere? Unfortunately, due to much unprofessional behavior among lawyers over the years, it is a joke in some circles that there probably isn’t a lawyer left practicing professionalism. This of course isn’t true and hopefully this blog will give some positive insight. It is interesting to note that the legal profession itself is concerned with the professionalism of its members and in April of 2015 a conference organized by the Harvard Law School Center on the Legal Profession was held to deal directly with...

24 May

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What is a Request For Production and Interrogatories and Why Are These Discovery Vehicles So Useful?

Posted by Grant Gisondo

in Alimony, Family Law, Legal Advice

Working with an attorney is much like meeting that special person in your life and developing a personal relationship. It takes time. During this time interrogative questions are asked and answered and evidence such as meeting parents or seeing the actual workplace come into play. This blog will take an in-depth look at both Request for Production and Interrogatories and just why they are useful for both client and attorney. Looking first at Request for Production, the legal definition found in the online Findlaw Legal Dictionary states “a discovery request issued by one party to an action on another for the...

14 April

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Legal Advice: Why It Can’t Be Given Away For Free

Posted by Grant Gisondo

in Legal Advice

To begin with, let’s take a look at just what “legal advice” is. Going online it is interesting to note there are numerous definitions from a wide variety of sources. Each definition has similarities but there are some subtle differences. The following are several of the most complete: Wikipedia: “the giving of a professional or formal opinion regarding the substance or procedures of the law in relation to a particular factual situation.” State Definitions of the Practice of Law-American Bar Association: “Providing advice or preparing documents for another, which affect legal rights or duties.” Regarding Florida in particular it states “giving legal...