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How To Prepare For A Divorce

Posted on: January 29, 2019 by in Uncategorized
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How To Prepare For A Divorce

When you’ve decided that it’s time for you and your spouse to divorce, life can feel a bit chaotic. Conflict and stress will naturally go hand and hand in these situations. Your emotions may be running high and it can seem almost impossible to communicate. Of course, if kids are involved, it can make the situation even more complicated. That’s why sitting down and preparing yourself for a divorce can make life a little bit easier. People will often underestimate how organization and preparation can create a more peaceful transition. That’s why we’ve composed this list of tips and advice for those who might need assistance on how to prepare for a divorce.


10 Tips on How to Prepare for a Divorce


  1. Take Responsibility

When you are absolutely certain that a divorce is the right path for you, you need to take responsibility before you move forward. Remember that you were an active participant in the marriage and you will also be an active participant in the divorce. When you take responsibility, you take control of the situation. Being passive or unassertive is not the best way to prepare for a divorce. Trust yourself that you’ve made the right decision.


  1. Be Civil

This is one piece of advice that many divorcing couples see as a challenge. You may be feeling hurt, regretful, guilty, stressed out, or depressed. These emotions are not exactly built for being civil, but it’s very important to keep the lines of communication open. Try to avoid digging up the reasons for the divorce and focus on getting through the divorce.


  1. Give the Kids the New Together

If kids are involved, it’s always better to give them the news together, especially if they’re young. If both parents are giving separate and different accounts of what happened and what will happen, it can be very confusing for a child. This is one area when it’s much better to be on the same page.


  1. Talk With Friends Who Have Also Gone Through Divorce

Don’t hesitate to reach out to friends that have also gone through a divorce. It’s important to see how people live after the divorce storm has passed. Not only is it nice to have support from someone who has gone through something similar, but it’s a great reminder that things will get better.


  1. Avoid Social Media

Advertising your break-up on social media is no way to prepare for a divorce. You never know when a comment or picture can come back to haunt you. It’s better for you and your family to keep the conflict private until everything is resolved.


  1. Visualize Your New Living Situation

Where do you see yourself after the divorce is finalized? What’s the best case scenario for you? It’s important to know where you want to live in order to negotiate. When you prepare for a divorce, visualize yourself in your space without your spouse. Is it better to stay in your home or move to a new home? You should have the answer to this question before speaking with a lawyer.


  1. Organize Your Documents

Start collecting all of the documents that you may need. Any kind of paperwork that your divorce lawyer will want to see should be together in a file. To prepare for a divorce, you need to dig through all shared bank accounts, property, and contracts. Staying organized and keeping tabs of documents you have and documents you need to find will help to reduce stress.


  1. Know the Value of Your Shared Assets

To make the separation of assets easier, have a professional appraise the value of your shared property and holdings. If you want the most out of your divorce settlement, it’s better to have an exact value of your possessions than just a random number.


  1. Understand Your Financial Future

In order to prepare for a divorce, you must make a monthly budget. Know exactly what your monthly spending looks like now so you can understand how you will meet that financial expectation after the divorce. If you want to keep your lifestyle, you’ll want to know how much it costs. If you have children, remember to include a budget for them as well. Keep in mind what life might look like in the future. If one of your children is about to go off to college, have a plan of how you and your spouse will handle college tuition.


      10.  Find the Right Divorce Lawyer

Without a doubt, the best way to move through a divorce is to have the right divorce lawyer on your side. Let your lawyer know your visions of your future and what you want out of your divorce. If you see you and your spouse resolving issues through mediation, then explain that this is your goal. An experienced divorce lawyer will be there to walk you through all possible scenarios. Contact a lawyer today to learn more.


Children’s Vaccinations in a Parenting Plan

Posted on: November 30, 2018 by in Uncategorized
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Children's Vaccinations

When it comes to parenting, there are some common disagreements that can cause friction. This can be true for any parent, but when you’re going through a separation or divorce, it can become a significant challenge. Whether or not your child should attend private school, eat certain foods, or play contact sports, are just a handful of common disputes amongst parents. Recently, one source of conflict that has raised a lot of issues for divorcing parents is whether or not they should vaccinate their child. What do you do if you and your ex-spouse disagree on something so important? What happens if neither parent can agree on this? In this article, we explore both sides of the children’s vaccinations issue and how this issue has been resolved in the past.

Reasons Against Children’s Vaccinations

We live in a world with a constant flow of communication and information. If you truly believe in something and you want it to be true, it’s easy to find details online that can support your opinion, regardless if it’s legitimate or not. This is what makes disputes like this so difficult to settle. There are a few commonly used arguments against children’s vaccinations that raise a lot of confusion and uncertainty around this issue. Research has shown that there are mainly four reasons why many parents will refuse immunizations: religious beliefs, personal or philosophical beliefs, safety concerns, or a desire for additional information. Each reason has its own primary set of details as to why a parent would want to stay away from immunizations.

It can be very difficult to reach a compromise when religious reasons are used against children’s vaccinations. Parents who have strongly held beliefs on the negative effects of Westernized medicines usually don’t waver on this. It has nothing to do with ignorance. It’s deliberate, planned, and it can sometimes feel disrespectful to argue with someone with these beliefs. Personal/philosophical beliefs can also fall into this category since religious and philosophical beliefs can both be powerful reasons. Medical concerns or a desire for additional information, on the other hand, can hold the possibility of debate. Parents who fall into this category are more likely to be open to discussing the issue and can sometimes reach an agreement. When a parent is open to hearing facts and figures, there is a stronger chance of compromise.

Reasons For Children’s Vaccinations

Anyone who has ever seen a person suffer from Polio would be more likely to get their child vaccinated. Despite the arguments against it, there’s no denying that these medical advances are a strong case for immunizations. Thousands of children died from debilitating diseases like Polio or Measles until these vaccinations were discovered. Every major health organization, pediatric association, and the CDC supports children’s vaccinations. It can be hard to argue against this issue when you have almost every doctor worldwide supporting the case for vaccines. But what happens in a parenting plan when you and your ex can’t agree on something this critical? The courts step in to decide for you.

In the state of Florida, this specific dispute was presented in 2011. In Winters v. Brown, the mother was against vaccinating the child, while the father was for vaccinating the child. In this case, the Florida District Court of Appeal in the Fourth District sided with the father. Numerous experts were called to the hearings to present cases on both sides of the vaccination issue. After much deliberation and discussion, the courts decided that there was sufficient evidence for the child to be immunized. Florida family courts will always base their decisions on the best interest of the child. While religious beliefs can present a strong case for the freedom to make many decisions, in this case, it wasn’t strong enough.

For More Information on Parenting Plans

When parents divorce, issues like this can be difficult to resolve on their own. If both parents can’t negotiate a solution to these matters, Florida law requires that the courts approve a parenting plan. In a parenting plan, major issues, like vaccinations or other medical decisions, are assigned to one parent or the other. When parents can’t agree, the court will step in to decide who should be able to make these decisions for their child. If you’ve recently found yourself in a dispute over something as major as vaccinations, it might be time to contact an attorney to learn more about parenting plans. A law office can provide resources for you to understand how to move forward with disputes like this. Divorce and family law attorneys can help you to know if there’s potential for negotiation, or if it’s necessary to go to court. When it comes to important decisions regarding your child’s health, you need professional help. Contact a trusted attorney today to learn more about your options.


What to Include in Your Holiday Visitation Schedule in Florida

Posted on: November 20, 2018 by in Uncategorized
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Holiday Visitation Schedule

Creating a shared custody holiday schedule for the first time can be challenging in more ways than one. Time-sharing, as it’s referred to in the state of Florida, can be tough on recently divorced parents. Most parents will dread setting a holiday visitation schedule, especially when they’re used to being with their children full-time. When emotions are running high, it can be difficult to compromise or be willing to sacrifice quality time. This is especially true around this time of year. However, Florida family courts always promote a time-sharing visitation schedule that works for both parents. Agreed upon holiday schedules can help the entire family to relax and enjoy their time together. In order to make the arrangement as smooth as possible, we’ve created a list of holiday visitation options. Here are a few different ways you can create a holiday visitation schedule that works for the whole family.

Celebrate Twice

Many divorced parents will choose to celebrate the holiday on two separate days. For instance, Christmas can be celebrated on December 25th, but also on the 23rd. This can help each parent to feel as though they’re not missing a holiday or having to wait until next year. In addition, kids are often excited to have the opportunity to celebrate with both parents. This type of holiday visitation schedule can be very simple, especially if one parent is okay with not celebrating on the actual holiday. They have an opportunity to make another day during the holiday season unique for the children.

Alternating Holidays

Taking turns each year is a very common approach to a holiday visitation schedule. Every year, the children stay with one parent for the holidays. This can be a great option for parents who live in different cities and find sharing holiday time inconvenient. Instead of driving back and forth and splitting daytime schedules, the children stay with one parent throughout the holiday season. This allows each parent to be able to experience the holidays with the children in its entirety. This is especially helpful if one parent likes to travel or have individual time every other year.

Celebrate Half-Holidays

A lot of parents will choose to split the day in half and share the holiday. For instance, the children can spend the morning at one home, then celebrate in the afternoon with the other. While this works very well with many families, this kind of holiday visitation schedule requires a lot of planning and compromise. Setting times for pick-ups need to be specific and each parent needs to be committed to being on time. It’s a great way for each parent to be able to celebrate the holiday with their children. Unfortunately, jumping from one home to another on the same day can sometimes be exhausting for the children. It’s important to always check-in to see if this kind of holiday visitation schedule works for them as well as you and your ex.

Designate a Certain Holiday

For some people, certain holidays are more important to them than others. In instances like these, setting a fixed holiday visitation schedule can be very appealing. For example, some people enjoy Thanksgiving more than Christmas. They like to cook and serve a big traditional meal for their family and friends. This is a perfect scenario to claim Thanksgivings and allow your ex to enjoy Christmas or Hanukkah with the kids. Remember that these don’t have to be permanent decisions. You can try a holiday visitation schedule like this for a year or two, then make changes as you and your ex see fit.

Take Special Days into Consideration

It’s always important to remember any other special occasions that take place during the holidays. A child’s birthday, a school play, a holiday carnival or any other event that is important to your child needs to be considered. Around this time of year, there are always holiday celebrations that might not be on your calendar but are certainly special to your child. Remember to check school calendars and incorporate these days into the shared holiday visitation schedule. Knowing about these special days can help you be prepared and prevent conflict. You always want to avoid any surprises in the schedule around this time of year.

More Information on Setting a Holiday Visitation Schedule

If you need any further information on what to include in your holiday visitation schedule, don’t hesitate to contact your family lawyer. Family law attorneys know that these arrangements can be difficult for those who have recently gone through a divorce. Family law attorneys can offer advice on how to handle a difficult custody situation or point you to other resources in the community. Reach out to a family law firm today to assure a smooth and relaxing holiday schedule for you and your children.

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5 Tips on Keeping Up With Your Mental Health During Divorce

Posted on: August 16, 2018 by in Uncategorized
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Mental Health During Divorce

While going through a divorce, you will experience a wide range of emotions. You might feel excited about this change in your life. You might feel proud of your ability to cope. On other days, it might feel like your entire world is crashing down. That’s why it’s important to remember to keep up with your mental health during this time. The roller coaster of emotions can be taxing. Thankfully, there are things you can do to make sure you’re remaining both mentally and physically healthy. Below are five tools you can use to get yourself through this difficult phase.


Don’t Isolate Yourself

It’s completely natural to want to be alone during this time. You don’t want to have to put on a brave face and socialize when you feel down. It is important to take time for yourself during a divorce so you can process the situation and have some self-reflection. However, spending too much time alone can start to snowball into a world of isolation. You can feel completely consumed by your sadness and start to avoid people all together. You have to make sure you have a good balance of quality time with friends and family and time alone. Don’t hesitate to reach out to those closest to you for comfort and support.


Keep Up Your Mental Health During Divorce by Exercising and Eating Healthy

When fighting through the negative emotions brought on by divorce, your body might start to crave comfort food and lots of sleep. This is also very natural. It’s completely okay to have a few days like this. Allow your body to rest and treat yourself to a cheeseburger. Having said that, it’s crucial to remember that your mind and body are connected. Eating all the wrong foods and sleeping all day are indeed signs of depression. When your body feels heavy and tired, your mood will most likely match that feeling. Be sure to have a healthy routine that involves exercise, nutritious foods, and the right amount of sleep.


Don’t Compare Yourself to Your Ex

This tip is probably one of the most difficult pieces of advice to follow. It’s instinctual for us to compare ourselves to others. During a divorce, this act can be even more severe. Many people will feel the need to ask about how their ex is doing or if they’re seeing other people. If you’re still feeling emotionally wounded from your separation, this will have no positive outcome for you. It doesn’t matter how well or unwell your ex is. It’s essential for you to focus on you. When you start to compare yourself to your ex-spouse, you’re inclined to falsify your own state of mind. Your healing process will not be authentic if you’re in a competition. Try to set clear boundaries with your ex and your mutual friends so everyone can have space to recover.


Try Something New

Reinventing yourself can be one of the greatest parts of this phase of your life. When you go through a divorce, you can start to feel like a piece of you is missing. Filling that missing piece with something fun, interesting, or exciting can have amazing effects on your mental health. This is the time of your life to do that one thing that you’ve always said you wanted to do. Try out a new yoga studio, learn a new language, take flying lessons. It doesn’t matter what the activity is, it just has to be new and enjoyable. Some divorcees will even treat themselves to a weekly pampering, like a day at the spa or regular dinners at their favorite restaurant. The point is to routinely do something great for yourself. This is the time of your life when it’s pertinent to focus on yourself without feeling guilty.


Look Towards the Future

This is one of the most critical pieces of advice to follow. The entire point of a divorce is to change your current path and look towards the future. When you’re having a terrible day, always remember that this will pass. You will eventually come out on the other side. There’s something better waiting for you. It’s also helpful to make plans. Having something to look forward to in the future is a great way to stay positive and focused. Birthdays, holidays, and celebrations should be marked on your calendar. Have a dinner party planned with friends. Make plans to travel somewhere exciting. Visit that special place in the world that you’ve never been to before. Traveling is one of the most positive actions you can take at this time. When you see how big the world is, your problems can start to feel smaller and less significant. Regardless of your plan, it’s important to remember that things will get better as time goes on.


How to Handle Emergency Temporary Custody in Florida

Posted on: June 9, 2018 by in Uncategorized
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Emergency Temporary Custody

No one doubts the importance of laws that help protect our children from troublesome situations. Trouble comes in many forms, like parental kidnapping of a child, parental neglect, abuse, or even the incapacity or sudden death of both parents. The list goes on and on! But in any of these unfortunate situations, courts across all states can get involved and issue an emergency temporary custody for the child. After all, in this devastating time, someone will need to care for the child. Let’s talk more about emergency temporary custody.

What Is Emergency Temporary Custody In Florida?

It all starts with The Uniform Child Custody Jurisdiction and Enforcement Act, or the UCCJEA. This is the primary line of defense for emergency temporary custody. Every state across the nation adopted the UCCJEA, except Massachusetts. They initiate the laws that govern child custody enforcement. They also enforce the jurisdiction, which means they determine which court has the authority to issue an order. Its design prevents and discourages interstate kidnapping by non-custodial parents. Yes, that is something that used to happen often! Before the UCCJEA, it was fairly common for non-custodial parents to take their children without permission or consent. Then they would travel across state lines and ask a different court to grant custody orders.

But with the UCCJEA, a parent can only file for custody in the state where their child has lived for the past six months. But not everything is so clear-cut. There are specific provisions when it comes to emergency temporary custody issues. For example, if you’re forced to leave your home state because your child’s welfare is threatened. We’re talking situations like abuse and neglect by the other parent. What happens then? The new state may use its jurisdiction to issue an emergency temporary custody order until it, or the home state court, can figure out a more permanent solution. At the end of the day, the court in the county where the child lives has local jurisdiction when it comes to emergency temporary custody.

Why Someone Would Need To File For This, And What The Process Is Like.

But what happens if you aren’t forced to flee your home state? Well, then you can seek emergency custody orders from your local court. If your child is in danger from the other parent, you can go to your county court, and request emergency temporary custody. You may be wondering, “Do I have to appear before a judge?” That really depends on the laws in your specific county. The court then may place your child with you on a short-term basis. Then when it issues an emergency temporary custody, it may not require the other parent’s appearance.

However, judges can schedule full court hearings when it comes to determining permanent custody orders. This means both parents will be present and have the opportunity to share their side of the story. Permanent custody orders take place pretty quickly after granting emergency temporary custody.

Unfortunately, an emergency temporary custody situation can occur when a child’s parents are killed. It can even occur when a parent faces injuries so severe, they can no longer provide care, and there’s no guardian to appoint. One thing some states allow you to do is plan ahead and name a standby guardian. If a death or emergency ever occurs, the child’s standby guardian receives emergency temporary custody. The custody stands until the court can appoint a permanent guardian, or the parents are able to care for the children again.

Who Else Can File For This?

You also may be wondering, “Does it have to be just parents?” The answer is no. If you are aware that a child is being abused or neglected by a parent, you can take immediate action. You should report the situation to your local child welfare or social services department. Depending on the state you live in, the official name of the department may vary. It is typically called the Department of Children and Family Services. You may discover other departments like Child Protective Services, or Department of Social Services. You can also contact the Childhelp National Child Abuse Hotline at 1-800-422-4453 (1-800-4-A-CHILD).

If you want emergency temporary custody of the child, you need to go to the local family court and file a motion for temporary custody. We all know the complications of removing a child from their parents or caregivers. So it’s important to consult with a custody expert. When a court places a child under temporary protective custody, it’s working towards fixing the problems at home. It may involve sending the parents to alcohol or substance abuse rehabilitation. Sometimes parents face screenings or drug tests, parenting courses, or anger management. But at the end of the day, the system aims to one day reunify the children with their parents.

If you, or anyone you know, have any questions about emergency temporary custody, contact us today here.

How Are Domestic Partnerships Different Than Marriages?

Posted on: November 20, 2017 by in Uncategorized
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domestic partnerships

A domestic partnership is a relationship between two individuals who live together but are not married. The term is not used consistently, which causes some confusion. It is essentially an alternative to marriage. While same-sex couples utilize this distinction most frequently, more and more heterosexual couples are not utilizing domestic partnerships. It allows you to define your status and put it on record, without the actual marriage. The couple receives a lot of the same rights, though not all.

Domestic Partnerships vs. Marriage

There are some key differences between a domestic partnership and marriage. For example, a domestic partnership may permit you to add your partner to health insurance documents, but there might be a need for proof of commitment. There are many states that will allow a partner to adopt a partner’s child through Second Parent Adoption, but only if the biological parent relinquishes parental rights. While there are many shared benefits, between a domestic partnership and marriage, the marriage will have more benefits.

All states and most countries recognize marriages. However, only a few states recognize domestic partnership. Partners are not legally considered family. The federal government does not recognize domestic partnership, so you cannot afford your non-citizen partner the same benefits of marriage. And married couples will automatically inherit assets upon death, and without taxes, partners can only do so with a will and with tax. You can read more about domestic partnership here.

Do You Qualify For A Domestic Partnership?

A domestic partnership is defined by your city, so you will want to check with your City Clerk’s office. However, the general requirements tend to be:

  • At least 18 years of age
  • Neither partner may be in a marriage or a domestic partnership at the time
  • Both parties must cohabitate, with the intent of permanency
  • You must not be blood relatives, as barred by the state
  • You must be of the mental capacity to sign a contract
  • Residence or employment in the city you are seeking domestic partnership in
  • You have mutually agreed to be responsible for each other’s common welfare.
Other requirements might include:
  • You must be in an exclusive, committed relationship (usually from six to twelve months)
  • Consent of cannot be coerced or obtained via fraud or duress
  • You have not been party to a previous domestic partnership or marriage within a certain period.

The registration process for domestic partnership is simple. You will fill out an application, which you can obtain from the city. Both partners appear in person with identification and proof of residence or employment in that city and pay the registration fee. You sign the Affidavit of Domestic Partnership in front of a Clerk or Notary, and you receive a copy of your domestic partnership. Some places will laminate cards for you, as well.

How Do You Establish Domestic Partnerships?

Registering as domestic partners is not enough. There are other documents you will need, as they will come in handy in the long run. These documents are things like:

  • Living Together Agreement
  • Wills, Living Wills or Directive to Physicians
  • Power of Attorney for Health Care and Finances
  • Legal Precautions, Partners Co-Parenting
  • Hospital Visitation Authorization
  • Living (Revocable) Trusts

Domestic Partnerships: Separation

Unfortunately, whether you are in a marriage or domestic partnership, there is always a possibility that it won’t last. And if both partners have to go their separate ways, assets can get a little sticky. Just as with marriage, anything that you walked into the partnership with is separate property. This is also true of any gifts or inheritance you may have acquired during the domestic partnership. These will remain yours, even after the division. Anything else tends to be distributed evenly unless there is a need to balance equity interest.

In some cases, one party might ask for financial support after the domestic partnership ends. A court will make a decision on financial support on a case by case basis. Considerations for this might include the length of the partnership, the financial situation of both partners, the amount of time, the standard of living and age/health of the requesting party.

Legal Help

If you have more questions about domestic partnership, it is best to seek out a professional. They will have more details about what the requirements and benefits are in your area. You want to make sure that you are getting the right answers so that you can cover all of your bases. You don’t want to need a legal document that you don’t have. These problems can only come at the worst times. Having someone who understands the law can only be an asset. You can start your search here.

Father’s Rights in Florida: What You Should Know Before Your Divorce

Posted on: August 29, 2017 by in Uncategorized
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Many people who find themselves about to go through a divorce have one main concern – their children. While they may also worry about finances and property, their children come first. They worry about how a court might award custody of their child or children. If you are considering divorce, there are a few things you should know about your rights as a parent before you start the process. To give you an idea of what might happen, here’s a guide to a father’s rights in Florida.

What are a father’s rights in Florida?

In Florida, there is no preset way to determine who gets custody of a child in a divorce. In fact, the arrangement varies on a case-by-case basis. Although the court prefers to award a joint custody agreement, this isn’t always the case. If you and your partner can’t come up with an agreement, it’s up to a judge to decide who gets custody. They base their decision on the best interest of the child or children. And to determine that, they look at a few key factors.

Generally, this is good news for fathers. As long as you can prove that you are the child’s best interest, you could get sole custody. However, this is not a common occurrence. What is more common is a joint custody agreement where the child spends some time with you and some with the mother.

Important Factors

Choosing whatever is in the best interest of the child isn’t easy. Here are a few things that a judge considers:

  1. The ability of both parents to work together and honor a court-appointed schedule This includes the willingness to change the schedule when it’s necessary.
  2. The amount of time that a child has spent in a certain lifestyle, and how a change might affect the child. For example, if a child spent all his time with his mother before a divorce, a judge may think it’s best to continue that arrangement.
  3. A parent’s ability to put the child’s needs before his own
  4. The geography of the situation. For example, does the child need to stay with his mother or father to stay in the same school district? How much time does it take to travel from one parent to another. While this might not be a deciding factor, it can affect the time sharing plan.
  5. The morals of each parent, as well as their mental and physical health.
  6. The child’s home and community
  7. If the child is old enough, the child’s preference
  8. A parent’s knowledge of the child’s day-to-day activities. This includes preferences, typical activities, and more.
  9. The ability to provide a steady routine
  10. Evidence of neglect, abandonment, or child abuse. If there are any pending charges or any prior ones, this could count strongly against you.
  11. Evidence that one parent lied to the court about pending charges

These are only some of the factors that a judge considers. There is a long list of factors that can affect your custody agreement. No single factor determines a child’s placement. Instead, a judge evaluates everything together.

Other Things to Consider

Although every custody case is different, one thing remains the same. You need the help of a lawyer to get results. Proving that you are in the best interest of your child is not easy to do. Even if joint custody is your goal, you need help reaching that goal. It takes a lawyer with experience in family law to get you the outcome you want.

Of course, custody may not be your goal. And if that’s the case, you should also be aware of your right to visitation. In Florida, a father has certain rights to see his child. For one, he has the right to have regular contact with his child in-person or on the phone. While you and your partner may be able to create a visitation schedule, a judge can also do it. By law, the mother has to stick to that visitation schedule.

There are situations in which a judge may take away your visitation rights. This could occur if you fail to put your child’s needs before your own. It could also happen if you can’t provide a safe environment for your child, or a set routine. If you’re having a difficult time getting the visitation rights that you want, you may need a lawyer.

Get The Help That You Need

Because there are not set rules in custody cases, you need a lawyer’s expertise. A father’s rights in Florida vary, and one of the most important factors is how a lawyer handles your case. When you have good representation, you may be able to prove to a court that you are the best option for your child. You can also fight for any other rights that you believe you deserve.

If you understand a father’s rights in Florida and still want to go through with your divorce, you should seek representation. The sooner you get help, the sooner you can finish your divorce.


Board Certified Boca Raton Child Custody Lawyer

Posted on: February 15, 2015 by in Uncategorized
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Boca Raton Child Custody LawyerA divorce or a separation between two unmarried parents can be a very emotional experience that’s only compounded when you add the issue of child custody to the equation. Every parent loves their youngster and the thought of losing custody or having to share custody with another parent can stir up some very powerful emotions such as anger at the other parent and fear of a less-than-ideal custody arrangement.

It’s also common to have questions about the process of deciding child custody and what requirements you must fulfill in order to get custody of your child or children. You may also be wondering about how child custody arrangements are decided.

Regarded as one of the top Boca Raton youngster custody attorneys, Attorney Tina L. Lewert, of The Lewert Law Offices, is committed to guiding you through the challenging process of finalizing a child custody agreement and arriving at a child support agreement.

As a board-certified specialist in family law and divorce and a Supreme Court Certified Family Law Mediator, Attorney Tina Lewert will work to negotiate the best possible terms for your child’s custody agreement. She can not only represent you in court, but she can also offer assistant out of court with her family law mediation. This cooperative, non-adversarial process gives you an opportunity to arrive at an agreement on custody and other divorce-related matters outside of a courtroom environment.

An experienced Boca Raton youngster custody lawyer and divorce attorney, Tina Lewert will work to help you arrive at a solution as quickly as possible so you can move past this difficult chapter of your life.

If you’re in search of one of the best Boca Raton youngster custody lawyers, contact Attorney Tina L. Lewert at the Lewert Law Offices to arrange a free, confidential case consultation. Call 561-220-0123.

Common Questions When Seeking Child Custody in Florida

As a top Boca Raton child custody attorney, divorce lawyer and board-certified professional in marital and family law, Tina Lewert and the legal team at The Lewert Law Offices receive questions on a regular basis from parents who are going through a divorce or separation and need to arrive at a child custody agreement.

Getting divorced and having to seek youngster custody is a stressful experience that’s made even more challenging due to the powerful emotions that are involved in the situation. Understanding the process used to determine child custody arrangements can help to eliminate some of the uncertainty from the equation.

Do I Have to Go to Court to Formalize a Child Custody Agreement in Florida?
In cases where a child custody agreement and child support agreement are part of an uncontested divorce, you may not need to go to court. Your attorney can submit the appropriate documentation on your behalf and a marital and family court judge will typically give their stamp of approval in cases where both parents agree to the terms.

In cases where the two parents cannot arrive at a youngster tutelage agreement as part of their divorce, you may need to go to court where a judge will listen to both sides, consider the facts and make a determination as to what kind of custody agreement would serve everybody’s best interests.

What is Mediation for Child Custody?
Child tutelage mediation is a process that can be overseen by a Florida Supreme Court Certified Family Law Mediator such as Attorney Tina L. Lewert, a Boca Raton child custody lawyer and divorce attorney specializing in marital and family law matters.

Mediation is a cooperative process where a neutral third party – the mediator – helps the parents to develop an agreement that is in everybody’s best interest. The mediation process can be used for all aspects of the process, including divorce, child custody, child support,
alimony and division of assets, amongst other issues.

The benefit of child tutelage mediation is that both parties maintain some control over the final agreement, as otherwise, you surrender all control to the judge who oversees your case.

What Happens if I’m Not Married to the Parent of My Child? Do the Courts Still Help Decide Child Custody?
Yes, the Florida family courts can assist if two unmarried parents need assistance with establishing a youngster tutelage agreement and child support agreement. The case is usually brought before a judge when the parents are unable to agree upon a mutually amicable arrangement through the mediation process.

How Do You Decide Child Custody if the Parents Live in Different States?
Matters are more complex in a situation where youngster tutelage agreements need to be formalized by the courts and the parents who live in two different states. The primary challenge in this type of scenario surrounds determining which court will rule on the case.

Each case is unique but considerations will include if (and where) any youngster custody-related court orders already exist, where the child currently lives and how long the youngster has lived in that location. An experienced Florida family law attorney can review your case and provide insight into which court will likely preside over your proceedings.

What Happens if We Need to Alter Our Child Custody or Child Support Agreement?
If you or your former partner need to alter the terms of your child tutelage or support agreement, you may attempt to mediate the matter and arrive at a new agreement on your own, which can then be formalized in the courts.

Otherwise, a modification request will need to be submitted to the courts and a judge will rule on the matter.

I Have Shared Custody of My Child But I Need to Move Out of State. What Happens Now?
In cases where two parents share tutelage of a youngster, but one parent must move out of state, a new custody agreement will typically be required.

How Long Does it Take for the Courts to Decide Child Custody in Florida?
If both parents are in agreement about the child tutelage and youngster support arrangement, the documentation can be submitted to the courts and the matter is generally finalized in a matter of weeks.

In cases where you need to go before a judge to help sort out the situation, you will need to get a court date, which can take several months or longer depending upon how busy the local court system happens to be at a particular point in time.

Choosing a Boca Raton Child Custody Lawyer

Selecting from the many Boca Raton youngster tutelage attorneys a crucial first step toward finalizing a child custody arrangement that is in the best interest of your youngster and your family as a whole.

When choosing family law attorney, it’s wise to select a firm that also offers mediation services too, so you can utilize this option if you would like to attempt to work out an agreement on your own.

Your consultation session is a great opportunity to learn more about the attorney you’re considering, their experience in family law and any additional qualifications and certifications that they may have. This case evaluation session is also a great chance to ask questions about what to expect with your case and what fees and payment terms you can expect if you choose this firm. At the end of your consultation, you should feel confident that you have sufficient information to determine if that firm is suitable to assist with your case.

If you’re in search of a qualified family law, divorce and child custody lawyer in Boca Raton, contact the Lewert Law Offices for a free, confidential consultation. Call 561-220-0123.

Child Relocation: Can I Take The Kids Out Of The Country?

Posted on: December 21, 2014 by in Uncategorized
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We are living in a much more mobile society today than we did a decade or two ago. Parents move because of their job, education or health. Some move to be closer to family or to simply get a fresh start after a divorce. However, when children are involved, moving becomes much more difficult. Because youngster relocation has become an increasingly larger issue in family courts, Florida enacted laws specifically related to the question of child relocation.

Florida’s Child Relocation Laws

When parents are discussing the terms of the parenting plan and time-sharing agreement, they often discuss when and under what circumstances a child can be taken out of state or out of the country. This usually is limited to vacations as child relocation is typically a very sensitive subject that neither parent will agree to willingly.

Under Florida Statute §61.13001, a parent must file a notice of relocation if the parent wants to move the child move than 50 miles away from the child’s current residence. The other parent has 30 days after being served with the notice to file an objection with the court. When a child relocation is challenged, the parent wishing to relocate the child must provide evidence that the relocation is in the best interest of the child. This evidence may include facts that affect the child’s life such as financial, social, education, religious and cultural. The parent must also present a parenting plan and timesharing plan that takes into consideration how the non-custodial parent will continue to be an active participant in the child’s life.

However, the parent who is objecting the child relocation notice should also be prepared to present evidence to the court that substantiates the claim that the relocation is not in the best interest of the youngster. The court will always act to protect the best interest of the youngster. It does not presume that either parent is correct when a child relocation notice is filed or when an objection is filed. The court will weigh all of the evidence presented by both parties and use this information to determine what is in the best interest of the youngster.

Moving Outside of the Country

Moving your child out of the country may even be more difficult due to the fact that the other parent will probably have very limited visitation with the youngster and you are asking the court to place the youngster in a different culture. However, depending on the circumstances, the court may find that it is in the best interest of the child to move out of the country with a parent. If you are considering a move with your child, you need to contact our office as soon as possible to discuss your legal options and responsibilities with regard to child relocation.

Be Confident. You have a Legal Expert on Your Side

Lewert Law Offices, P.A., is a full service Boca Raton Family Law firm providing expert legal advice and representation in all aspects of marital and family law representing clients throughout Broward County and Palm Beach County. Tina L. Lewert, Esq. is Board Certified by the Florida Bar in Marital & Family Law. She is also a highly-skilled mediator who has been certified by the Florida Supreme Court.

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Client Testimonials

Kelley Ms. Lewert never lost sight of the practical realities of my divorce. Although she listened compassionately so that she understood what she needed to, she did not let me lose sight of my goals and what was acheivable within the system even when things got emotional. She protected my financial interests and my personal interests. Thanks to Ms. Lewert, I no longer have to deal with a difficult ex-. She didn't always tell me what I wanted to hear, but because of that, my case did not drag out longer than it should have. I never felt that she put her own interests ahead of mine. Her judgment was reasonable and her advice sound. She and her staff were good at dealing with difficult and unreasonable people in a professional and ethical way. Thanks to Ms. Lewert, I never got drawn into senseless battles, recovered as quickly as possible from my divorce and was able to move on and enjoy a better life. I have recommended her repeatedly to others who need an excellent family lawyer.

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