All posts filed under: family law attorney

Florida Parenting Plans

Florida parenting plans govern post-divorce relationships with children by identifying the time each parent will have with their children, as well as each parent’s responsibilities to make decisions for the children.

Making Decisions in a Florida Divorce

Here’s an extremely practical article about making personal judgments during a divorce. So many clients want their attorney to make both legal and personal decisions for them during a divorce, but an attorney’s advice should never be a substitute for personal values and goals. Be active in your case and ask questions to ensure that the outcome reflects what you value most. Family law and elder law attorneys follow the direction of their clients when they make legal decisions to protect their clients.  The given direction, however, should always be determined by the client.  The decisions that are made during a divorce are often difficult decisions.  Attorneys are often well-versed in matters of divorce law and procedure.  However, every client’s goals and interests are different, and the legal course of a case should reflect those goals and interests.  Therefore, no matter how knowledgeable or experienced your attorney is, make sure to communicate information and ask questions as you proceed toward a divorce.

Who gets the family pet?

I recently received a call from a gentleman who was preparing for a divorce, and he was concerned about a custody issue. Interestingly, the couple had no children during the marriage. He wanted to understand his rights to custody of a pet, in this case a dog. In a divorce, the question often arises: Who gets to keep the family pet?   Florida family laws are designed to protect the best interests of children in divorce.  Based upon a myriad of factors, the court will determine what it believes to serve the interests of children due to social, economic, educational, emotional and other factors that will serve the children’s interests, and assign custody accordingly.  Pets are not given to either of the divorcing parties based upon this standard.  Rather, pets continue to be viewed by the law and courts as personal property.  Therefore, the court will award the family pet or pets to one of the parties based upon the equitable distribution standard. Pets that were acquired by one of the parties prior to the divorce will …

How to divide assets and liabilities in a Florida divorce

A great deal of financial information and documentation can be needed in order to complete the divorce, depending on the extent of the marital estate and the complexity of the parties’ finances.

Securing an Adoption: Can parents challenge the adoption, and regain custody?

Once served, biological parents must present their defenses to the petition, in court. Failure to do so will likely result in the approval of the adoption petition even if the biological parents fail to appear at the final hearing.

Veterans in Family Law Cases

Words cannot describe what a pleasure it is to represent those who serve our country in the armed forces, especially those who have recently returned from some far off place that I’ve only read about, or seen on CNN.  It’s not just the thought of helping someone who has put their life on the line for our national defense; it’s also the organization and discipline they bring to a case from an administrative stand point.  If I need a particular document to prove some factual or legal point during the representation, they get me the document immediately.  If I ask for a piece of information, they will move the earth to obtain and relay the information, often before I am ready to process it.  Unfortunately, most people do not possess that level of discipline. But as with all good things, these otherwise positive traits and life experiences can come at a cost. Armed forces personnel seem to develop a sense of discipline that can, for some, result in an abnormally high degree of frustration when confronted with life stressors that are beyond …

Adopting Children when the Parents do not Consent

Adoptions are joyous and pleasant events for both the petitioners and the child involved. Those who file a petition for adoption are seeking to become legal parents of a child, sometimes for the first time.  However, not every adoption case is uncontested, and on rare occasions, a parent or both parents will refuse to consent to the adoption petition and ask the judge to deny the adoption. Consent is the most important issue in any adoption case. You might even conclude, with a fair amount of accuracy, that it is the only issue since the adoption cannot be granted without consent in one form or another. However, a common misconception is that the parents must express their consent through a signed document for the adoption to be granted. This is not true. In order for an adoption to be granted in Florida or in Alabama, the parents must consent to the adoption.   The easiest and simplest way to accomplish this legal requirement is through a signed and notarized consent to adoption. The standard consent …